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SECTION 1. SHORT TITLE. This Act may be cited as the ``Synthetics Trafficking and Overdose Prevention Act of 2016'' or the ``STOP Act of 2016''. SEC. 2. IMPROVEMENTS TO UNITED STATES MAIL SECURITY. (a) Importer of Record.-- (1) In general.--Subparagraph (B) of section 484(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)) is amended to read as follows: ``(B)(i) When an entry of merchandise is made under this section, the required documentation or information shall be filed or electronically transmitted-- ``(I) by the owner or purchaser of the merchandise; ``(II) when appropriately designated by the owner, purchaser, or consignee of the merchandise, by a person holding a valid license under section 641; or ``(III) in the case of non-letter class mail, by the Postmaster General or a designee of the Postmaster General, which may include a person holding a valid license under section 641. ``(ii) When a consignee declares on entry that he or she is the owner or purchaser of merchandise, U.S. Customs and Border Protection may, without liability, accept the declaration. ``(iii) For the purposes of this Act, the importer of record must be one of the parties who is eligible to file the documentation or information required by this section. ``(iv) In this subparagraph, the term `non-letter class mail' means any product of the United States Postal Service or a Universal Postal Union designated operator that is provided pursuant to-- ``(I) the Universal Postal Union's Parcel Post Regulations and Final Protocol; or ``(II) the Universal Postal Union's Letter Post Regulations and Final Protocol, except `small letters' as defined in Article RL 124(1), as such regulations were in effect on the date of the enactment of the Synthetics Trafficking and Overdose Prevention Act of 2016.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is six months after the date of the enactment of this Act. (b) Informal Entries.--Section 498 of the Tariff Act of 1930 (19 U.S.C. 1498) is amended by adding at the end the following: ``(c) Regulations Related to Informal Customs Entries.-- ``(1) Requirement.--Notwithstanding any other provision of law, not later than six months after the date of the enactment of the Synthetics Trafficking and Overdose Prevention Act of 2016, the Secretary of the Treasury shall issue regulations to require the Postmaster General or designee of the Postmaster General, which may include a person holding a valid license under section 641, to file informal customs entries for all non-letter class mail that meets the informal entry requirements of this section and subpart C of part 143 of title 19, Code of Federal Regulations. ``(2) Non-letter class mail.--In this subsection, the term `non-letter class mail' has the meaning given that term in section 484(a)(2)(B)(iv).''. (c) De Minimis Shipments.-- (1) Reduction or modification of exemption.--Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended by adding at the end the following: ``(c) The Postmaster General or a designee of the Postmaster General, which may include a person holding a valid license under section 641, shall be designated as the importer of record for non- letter class mail (as that term is defined in section 484(a)(2)(B)(iv)) that is subject to the regulations issued pursuant to subsection (a) or (b).''. (2) Regulations.--Not later than six months after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations to implement the amendment made by paragraph (1). (d) Customs Fees.-- (1) In general.--Paragraph (6) of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(6)) is amended to read as follows: ``(6)(A) Except as provided in subparagraph (B), for each item of dutiable mail for which a document is prepared by a customs officer, $5. ``(B) For the arrival of each item of any non-letter class mail (as that term is defined in clause (iv) of section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B))), $1.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is six months after the date of the enactment of this Act. (e) Mandatory Advanced Electronic Information for Non-Letter Class Mail.-- (1) In general.--Subparagraph (K) of section 343(a)(3) of the Trade Act of 2002 (Public Law 107-210; 19 U.S.C. 2071 note) is amended to read as follows: ``(K) The Secretary shall require the Postmaster General to provide the information required in paragraphs (1) and (2) to U.S. Customs and Border Protection for any non-letter class mail (as that term is defined in clause (iv) of section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B))) imported into the United States.''. (2) Regulations.--Not later than six months after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations to carry out subparagraph (K) of section 343(a)(3) of the Trade Act of 2002, as amended by paragraph (1). (f) Limitation on International Postal Arrangements.--The Secretary of State may not conclude any international postal arrangement pursuant to the authority set out in section 407 of title 39, United States Code, that is inconsistent with this Act or any amendment made by this Act.

Synthetics Trafficking and Overdose Prevention Act of 2016 or the STOP Act of 2016 This bill amends the Tariff Act of 1930 to make the Postmaster General or Postmaster General designee, including a person holding a valid customs broker's license, the importer of record for non-letter class mail imported into the United States. The term "non-letter class mail" means any product of the U.S. Postal Service or a Universal Postal Union designated operator that is provided pursuant to: the Universal Postal Union's Parcel Post Regulations and Final Protocol; or the Universal Postal Union's Letter Post Regulations and Final Protocol, except small letters, as in effect upon enactment of this bill. The bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to impose a duty of $1 on each item of non-letter class mail imported into the United States. The bill amends the Trade Act of 2002 to direct the Department of the Treasury to require the Postmaster General to provide for the advanced electronic transmission to the U.S. Customs and Border Protection of certain information on non-letter class mail imported into the United States.

STOP Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Skilled Worker Immigration and Fairness Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. H-1B visas. Sec. 3. Employment-based immigration. Sec. 4. H-1B visa fraud and abuse protections. SEC. 2. H-1B VISAS. (a) Exemptions to Numerical Limitations.-- (1) In general.--Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (A) in subparagraph (C), by striking ``until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.'' and inserting ``or has been awarded a medical specialty certification based on post-doctoral training and experience in the United States; or''; and (B) by adding at the end the following: ``(D) has earned a masters or higher degree in science, technology, engineering, or mathematics from an institution of higher education outside of the United States.''. (2) Applicability.--The amendments made by paragraph (1) shall apply to-- (A) any petition or visa application pending on the date of the enactment of this Act; and (B) any petition or visa application filed on or after such date. (b) Market-Based Visa Limits.--Section 214(g) of such Act (8 U.S.C. 1184(g)), as amended by subsection (a), is further amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``(beginning with fiscal year 1992)''; and (B) in subparagraph (A), by striking clauses (i) through (vii) and inserting the following: ``(i) 115,000 in fiscal year 2007; and ``(ii) in fiscal year 2008, and in each subsequent fiscal year, the greater of-- ``(I) 115,000; or ``(II) the number calculated under paragraph (9);''; (2) in paragraph (8)-- (A) in subparagraph (B), by striking clause (iv); and (B) by striking subparagraph (D); (3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (4) by inserting after paragraph (8) the following: ``(9) If the numerical limitation under paragraph (1)(A)-- ``(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A) for the subsequent fiscal year shall be equal to the lesser of-- ``(i) 120 percent of the numerical limitation for the given fiscal year; or ``(ii) 180,000; and ``(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A) for the subsequent fiscal year shall be equal to the numerical limitation for the given fiscal year.''. SEC. 3. EMPLOYMENT-BASED IMMIGRATION. (a) In General.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F) Aliens who have earned a master's or higher degree from an accredited university in the United States. ``(G) Aliens who-- ``(i) have earned an advanced degree in science, technology, engineering, or mathematics; and ``(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3- year period preceding their application for an immigrant visa under section 203(b). ``(H) Aliens who-- ``(i) are described in subparagraph (A) or (B) of section 203(b)(1); or ``(ii) have received a national interest waiver under section 203(b)(2)(B). ``(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).''. (b) Adjustment of Status for Employment-Based Immigrants.-- (1) In general.--Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) Adjustment of Status to Employment-Based Immigrant.-- ``(1) Eligibility.--An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if-- ``(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or ``(B) in the discretion of the Secretary, the adjudication of such petition is pending. ``(2) Visa availability.--An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b). ``(3) Fees.--If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary. ``(o) Extension of Employment Authorization and Advanced Parole Document.--The Secretary of Homeland Security-- ``(1) shall issue a 3-year employment authorization and 3- year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and ``(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).''. (2) Use of fees.--Section 286 of such Act (8 U.S.C. 1356) is amended-- (A) in subsection (m), by striking ``provisions of law, all adjudication fees'' and inserting ``provision of law, all adjudication fees and the fees collected under section 245(n)(3)''; and (B) in subsection (n)-- (i) by striking ``All deposits'' and inserting the following: ``(1) Except as provided in paragraph (2), all deposits''; and (ii) by adding at the end the following: ``(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.''. (c) Applicability.--The amendments made by subsections (a) and (b) shall apply to any visa application-- (1) pending on the date of the enactment of this Act; or (2) filed on or after such date. SEC. 4. H-1B VISA FRAUD AND ABUSE PROTECTIONS. (a) Prohibition Against Advertising Exclusively to H-1B Nonimmigrants.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended-- (1) by redesignating subparagraph (G) as subparagraph (H); (2) by inserting after subparagraph (H), as redesignated, the following: ``(I) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(i) the jobs are only available to persons who are, or may become, H-1B nonimmigrants; or ``(ii) persons will receive priority or preference in the hiring process because they are, or may become, H-1B nonimmigrants.''; and (3) in the undesignated paragraph at the end, by striking ``The employer'' and inserting the following: ``(K) The employer''. (b) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of such Act, as amended by this section, is further amended by inserting after subparagraph (I), as added by subsection (a)(1), the following: ``(J) If the employer employs 50 or more employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. (c) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1)(K) of such Act, as designated by subsection (a)(2), is amended-- (1) by inserting ``, clear indicators of fraud, misrepresentation of material fact,'' after ``completeness''; (2) by striking ``or obviously inaccurate'' and inserting ``, presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; and (3) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''. (d) Investigations by Department of Labor.--Section 212(n)(2) of such Act is amended-- (1) in subparagraph (A), by striking ``12 months'' and all that follows and inserting ``24 months after the date of the failure or misrepresentation, respectively. Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.''; (2) in subparagraph (C)(i)-- (A) by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition under subparagraph (B), (C), (E), (F), (H), (I), or (J) of paragraph (1)''; and (B) by striking ``paragraph (1)(C), (1)(D), or (1)(G)(i)(I)'' and inserting ``subparagraph (C), (D) or (G)(i)(I) of paragraph (1)''; (3) in subparagraph (G)-- (A) in clause (i), by striking ``if the Secretary'' and all that follows and inserting ``with regard to the employer's compliance with the requirements under this subsection.''; (B) in clause (ii), by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements under this subsection.''; (C) in clause (iii), by striking the last sentence; (D) by striking clauses (iv) and (v); (E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (F) in clause (iv), as redesignated, by striking ``meet a condition'' and all that follows and inserting ``comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months after the date of the alleged failure.''; (G) by amending clause (v), as redesignated, to read as follows: ``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate the employer or secure the employer's compliance with this subsection. A determination by the Secretary under this clause is not subject to judicial review.''; (H) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and (I) by adding at the end the following: ``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated a requirement under this subsection, the Secretary may impose a penalty under subparagraph (C).''; (4) by redesignating subparagraph (I) as subparagraph (J). (e) Additional Department of Labor Employees.-- (1) In general.--The Secretary of Labor is authorized to hire 200 additional employees to administer, oversee, investigate, and enforce programs involving H-1B nonimmigrant workers. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (f) Schedule of Fees.--Section 214(c)(12)(C) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(12)(C)) is amended by striking ``$500'' and inserting ``$1,000''. (g) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (H) the following: ``(I) If any information contained in the materials submitted by employers of H-1B nonimmigrants as part of the adjudication process indicates that the employer is not complying with the requirements under this subsection, the Director of United States Citizenship and Immigration Services shall provide such information to the Secretary of Labor. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving such information.''. (h) Audits.--Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: ``The Secretary may conduct surveys regarding the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers of H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers of H-1B nonimmigrants during the applicable calendar year. The Secretary shall conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H-1B nonimmigrants.''. (i) Penalties.--Section 212(n)(2)(C) of such Act, as amended by this section, is further amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. (j) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.--Section 212(n) of such Act, as amended by this section, is further amended by adding at the end the following: ``(6)(A) Upon providing H-1B nonimmigrant status to an alien in the United States, the office processing the petition for such status shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; and ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights. ``(B) Upon issuing an H-1B nonimmigrant visa to an alien outside the United States, the officer of the Department of State shall provide the applicant with the items described in clauses (i) and (ii) of subparagraph (A).''.

Skilled Worker Immigration and Fairness Act - Amends the Immigration and Nationality Act to exempt from the annual H-1B (specialty occupation/fashion models) visa cap an alien who has: (1) earned a master's or higher degree in science, technology, engineering, or mathematics from an institution of higher education outside of the United States; or (2) been awarded a medical specialty certification based on post-doctoral training and experience in the United States. Sets H-1B annual limits at: (1) 115,000 for FY2007; and (2) for each subsequent fiscal year, the greater of 115,000 or a market-based calculation. Exempts from numerical limitations on employment-based immigrants: (1) aliens who have earned advanced degrees in science, technology, engineering, or math and have been working in their fields in the United States under a nonimmigrant visa in the three years prior to filing for adjustment; (2) recipients of national interest waivers; and (3) immediate relatives of employment-based immigrants. Permits an alien (and dependents) to file for adjustment of status whether or not an employment-based immigrant visa is immediately available if: (1) a petition on behalf of the alien has been approved; or (2) adjudication of such petition is pending. Revises H-1B provisions with respect to: (1) application fraud and misrepresentation; (2) employer penalties; (3) Department of Labor investigations; (4) Department of Labor and Department of Homeland Security (DHS) information sharing; (5) information provided to an H-1B nonimmigrant upon visa issuance; (6) prohibiting H-1B-exclusive employment advertising; and (7) prohibiting an employer of fewer than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees.

A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hygiene Assistance for Families of Infants and Toddlers Act of 2017''. SEC. 2. IMPROVING OPPORTUNITY DIAPER DISTRIBUTION DEMONSTRATION PROJECT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. DIAPER DISTRIBUTION DEMONSTRATION PROJECT. ``(a) In General.--The Secretary, acting through the Administration for Children and Families, shall make grants to eligible entities to conduct demonstration projects that implement and evaluate strategies to help families with eligible children to address the diapering needs of such children. ``(b) Use of Funds.--Amounts provided through a grant under this section shall be used to-- ``(1) fund diaper distribution demonstration projects that will reduce the substantial cost of diapers and diapering supplies by making diapers and diapering supplies available to low-income families; ``(2) evaluate the effects of such demonstration projects on mitigating health risks, including diaper dermatitis, urinary tract infections, and increased rates of parental and child depression and anxiety, that can arise when low-income families do not have an adequate supply of diapers for infants and toddlers; and ``(3) integrate the diaper distribution demonstration projects with other assistance programs serving families with eligible children. ``(c) Application.--An entity desiring a grant under this section shall submit to the Secretary an application that includes such information as the Secretary may require to ensure a likelihood of success in achieving the purposes of the grant listed in subsection (b). ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a State or local governmental entity; ``(2) an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act); or ``(3) a nonprofit organization as described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(e) No Effect on Other Programs.--Any assistance or benefits provided to a family pursuant to a grant under this section shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under-- ``(1) any other Federal needs-based program; or ``(2) in the case of a grant under this section to a State, any State-funded, needs-based program that is financed in whole or in part with Federal funds. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, an entity shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies-- ``(1) the number of children and the number of families receiving assistance under the diaper distribution demonstration projects funded through such grant for each month of the fiscal year; ``(2) the number of diapers, and the number of each type of diapering supply distributed through such projects for each month of the fiscal year; ``(3) the method or methods the entity uses to distribute diapers and diapering supplies through such projects; and ``(4) such other information as the Secretary may require. ``(g) Evaluation.--The Secretary, in consultation with each entity that receives a grant under this section, shall-- ``(1) not later than September 30, 2019-- ``(A) complete an evaluation of the effectiveness of the diaper distribution demonstration projects carried out pursuant to this section; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the Internet Web site of the Department of Health and Human Services; and ``(2)(A) not later than September 30, 2022, update the evaluation described in paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (B)-- ``(i) submit to the relevant congressional committees a report describing the results of such evaluation; and ``(ii) update the Web site described in paragraph (1)(C) to include the results of such evaluation. ``(h) Definitions.--In this section: ``(1) The term `diaper' means an absorbent garment that is washable or disposable that is worn by a child who is not toilet-trained. ``(2) The term `diapering supplies' means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash. ``(3) The term `eligible child' means a child who-- ``(A) is not toilet-trained; ``(B) has not attained 4 years of age, unless the entity determines that the child has a substantial physical or mental impairment that requires the child to wear diapers; and ``(C) is a member of a family whose income is not more than 130 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(4) The term `toilet-trained' means able and willing to use a toilet consistently such that diapers are not necessary on a daily basis. ``(i) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated for each of fiscal years 2018 through 2022, $25,000,000. ``(2) Availability of funds.--Funds provided to an entity under this section for a fiscal year may be expended only in the fiscal year or the succeeding fiscal year.''.

Hygiene Assistance for Families of Infants and Toddlers Act of 2017 This bill amends the Public Health Service Act to direct the Administration for Children and Familes of the Department of Health and Human Services to award grants to states or local governments, Indian tribes or tribal organizations, or nonprofit organizations to conduct demonstration projects to help low-income families address the diapering needs of their children.

Hygiene Assistance for Families of Infants and Toddlers Act of 2017

SECTION 1. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE. (a) In General.--Section 121 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 121. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 2 years or more. ``(b) Dollar Limitation.-- ``(1) In general.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $250,000 ($500,000 in the case of a joint return where both spouses meet the holding and use requirements of subsection (a)). ``(2) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning in a calendar year after 1997, the $250,000 and $500,000 amounts contained in paragraph (1) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(c) Special Rules.-- ``(1) Property held jointly by husband and wife.--For purposes of this section, if-- ``(A) property is held by a husband and wife as joint tenants, tenants by the entirety, or community property, ``(B) such husband and wife make a joint return under section 6013 for the taxable year of the sale or exchange, and ``(C) one spouse satisfies the holding and use requirements of subsection (a) with respect to such property, then both husband and wife shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(2) Property of deceased spouse.--For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, if the deceased spouse (during the 5-year period ending on the date of the sale or exchange) satisfied the holding and use requirements of subsection (a) with respect to such property, then such individual shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(3) Tenant-stockholder in cooperative housing corporation.--For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then-- ``(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ``(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ``(4) Involuntary conversions.--For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ``(5) Property used in part as principal residence.--In the case of property only a portion of which, during the 5-year period ending on the date of the sale or exchange, has been owned and used by the taxpayer as his principal residence for periods aggregating 2 years or more, this section shall apply with respect to so much of the gain from the sale or exchange of such property as is determined, under regulations prescribed by the Secretary, to be attributable to the portion of the property so owned and used by the taxpayer. ``(6) Determination of marital status.--In the case of any sale or exchange, for purposes of this section-- ``(A) the determination of whether an individual is married shall be made as of the date of the sale or exchange; and ``(B) an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(7) Application of sections 1033 and 1034.---In applying sections 1033 (relating to involuntary conversions) and 1034 (relating to sale or exchange of residence), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section. ``(8) Property acquired after involuntary conversion.--If the basis of the property sold or exchanged is determined (in whole or in part) under subsection (b) of section 1033 (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ``(9) Determination of use during periods of out-of- residence care.--In the case of a taxpayer who-- ``(A) becomes physically or mentally incapable of self-care, and ``(B) owns property and uses such property as the taxpayer's principal residence during the 5-year period described in subsection (a) for periods aggregating at least 1 year, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time during such 5-year period in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer's condition. ``(d) Election To Have Section Not Apply.--At the election of the taxpayer with respect to any sale or exchange of a principal residence, this section shall not apply to such sale or exchange.'' (b) Conforming Amendments.-- (1) Paragraph (3) of section 1033(k) is amended to read as follows: ``(3) For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121.'' (2) Subparagraph (A) of section 1038(e)(1) is amended by striking ``(relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55)'' and inserting the following: ``(relating to gain on sale of principal residence)''. (3) subparagraph (B) of section 1250(d)(7) is amended to read as follows: ``(B) property in respect of which the taxpayer meets the ownership requirements of section 121, but only to the extent that the taxpayer meets the use requirements of such section in respect of such property.'' (4) Subsection (c) of section 6012 is amended by striking ``(relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55)'' and inserting ``(relating to gain from sale of principal residence)''. (5) The item relating to section 121 in the table of sections for part III of subchapter B of chapter 1 is amended to read as follows: ``Sec. 121. Exclusion of gain from sale of principal residence.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges on or after the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude up to $250,000 ($500,000 jointly) of gain on the sale of a principal residence if owned and used as the principal residence for periods aggregating at least two years during the five-year period prior to sale or exchange. Sets forth special rules relating to: (1) jointly held property; (2) a deceased spouse; (3) a cooperative housing tenant-stockholder; (4) partial principal residence use; (5) determination of marital status; (6) acquisition after involuntary conversion; and (6) periods of out-of-residence health care.

To amend the Internal Revenue Code of 1986 to provide for an exclusion of capital gains upon the sale of a principal residence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Subsidies Without Verification Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 5, 2013, the Department of Health and Human Services released more than 600 pages of a final rule to implement the provisions of the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010 (commonly referred to as ``Obamacare'' or the ``ACA''). (2) Such final rule included an announcement that the Federal Government would no longer verify that each applicant for premium tax credits or cost-sharing reductions for coverage offered through an Exchange established under the Patient Protection and Affordable Care Act are actually qualified for such credits or reductions. Instead, the Administration would rely on self-attestation and sample audits of a sample population to ``protect'' the integrity of this new $1 trillion entitlement program. (3) The Department of Health and Human Services later announced a change in such policy and stated it would extend the sample population to 100 percent. This change, though announced, was never made to the final rule, meaning there was no guarantee to the American people that applicants would be verified. (4) It is estimated that not verifying eligibility for such credits and reductions could likely equate to approximately $250 billion in fraudulent payments through payments of such Obamacare premium tax credits and cost-sharing reductions. (5) The final rule provides that the Department of Health and Human Services will offer to perform this verification procedure for States that are establishing a State-based Exchange, but will be unable to do so until 2015. As a result, such States will not be required to randomly verify employer- sponsored coverage until 2015. (6) In order to protect taxpayers after the Department of Health and Human Services failed to implement a new rule that it would ensure Congress and taxpayers that verification of eligibility would be performed, the House of Representatives advanced legislation, H.R. 2775, the No Subsidies Without Verification Act. This legislation would have provided the force of law to ensure that verification would occur prior to the issuance of any Obamacare premium tax credit or cost- sharing reduction. (7) On September 12, 2013, this legislation was passed in the House of Representatives with bipartisan support by a 235 to 191 vote margin. (8) On September 10, 2013, the Obama Administration issued a Statement of Administration Policy to H.R. 2775 that stated ``the Administration strongly opposes House passage of H.R. 2775 because the goal of the bill is already being accomplished while the text of the bill would create delays that could cost millions of hard-working middle-class families the security of affordable health coverage and care they deserve''. (9) The Statement of Administration Policy also stated that ``H.R. 2775 is unnecessary because the Secretary of Health and Human Services has already put in place an effective and efficient system for verification of eligibility for premium tax credits and cost sharing reductions.''. (10) On October 16, 2013, the Senate removed the verification mechanism of H.R. 2775 and replaced it with language that required a report to Congress by the Secretary of Health and Human Services no later than January 1, 2014. (11) On January 1, 2014, the Department of Health and Human Services submitted a mandated report to Congress entitled, ``Verification of Household Income and Other Qualifications for the Provision of Affordable Care At Premium Tax Credits and Cost-Sharing Reductions''. (12) This report to Congress states, ``In accordance with statute and applicable implementing regulations, when a consumer submits an application for insurance affordability programs (which include APTCs, CSRs, Medicaid, the Children's Health Insurance Program (CHIP), and the Basic Health Program (BHP)), the Exchange verifies information provided by the consumer on the application as a component of making an eligibility determination. The processes for verifying information in order to determine eligibility for enrollment in a qualified health plan (QHP) through the Exchange and for APTC under section 36B of the Internal Revenue Code (the Code) and CSRs under section 1402 of the ACA are specified in the ACA and its implementing regulations. Pursuant to both statute and applicable regulations, the Exchanges have implemented numerous processes to carry out the verification of information provided by applicants.''. (13) Beginning in 2014, Federal subsidies have been made available to help individuals purchase health insurance through an Exchange through premium tax credits and cost-sharing reductions. On April 2014, the Department of Health and Human Services delayed implementation of income verification systems in order to increase sign-ups for health care plans through the healthcare.gov website. (14) Various reports indicate that the internal portions of the healthcare.gov website are yet to be finalized, thus leaving the Department of Health and Human Services unable to perform the verification it stated it was performing. The Obama Administration is operating a new Federal entitlement program that fails to prevent fraudulent subsidy claims before administered. In doing so, the Department of Health and Human Services has created a new ``pay and chase'' program that places taxpayers at financial risk of fraudulent claims. SEC. 3. DELAYING PROVISION OF ACA PREMIUM AND COST-SHARING SUBSIDIES UNTIL ELIGIBILITY VERIFICATION PROCESS FOR SUCH SUBSIDIES IS COMPLETE. (a) In General.--Notwithstanding any other provision of law, in the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost- sharing under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is being claimed, no such credit or reduction shall be allowed before the first date of the first coverage month beginning on or after the date on which the process to verify, in accordance with section 1411 of the Patient Protection and Affordable Care Act (42 U.S.C. 18081), the household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, such credit or reduction, respectively, has been completed. For purposes of the previous sentence, the verification process described in such sentence with respect to an individual shall not be treated as complete unless a manual or electronic review has been completed of applicable information required to be submitted by such individual under section 1411(b) of such Act (42 U.S.C. 18081(b)) and any inconsistency of such information with records of the Secretary of the Treasury, Secretary of Homeland Security, or the Commissioner of Social Security has been resolved. (b) Treatment of Individual Mandate.--Notwithstanding any other provision of law, no penalty shall be imposed under section 5000A of the Internal Revenue Code of 1986 with respect to an individual for any month-- (1) with respect to which a premium tax credit under section 36B of the Internal Revenue Code of 1986 is being claimed for such individual; and (2) that begins before the date on which the verification process described in subsection (a) has been completed, in accordance with such subsection, with respect to such claim for such individual. (c) Application Provisions.-- (1) Effective date.--Subject to paragraph (2), the provisions of this section shall apply to coverage months beginning on or after the date of the enactment of this Act. (2) Treatment of individuals currently receiving subsidies.-- (A) Suspension of certain subsidies.--In the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) has been claimed before the date of the enactment of this Act and for whom such a credit or reduction has been allowed before such date, such allowance shall be suspended until the coverage month described in subsection (a) with respect to such claim for such individual. (B) Special enrollment period.-- (i) In general.--The Secretary of Health and Human Services shall take such steps as are necessary to establish a special enrollment period of 45 days, beginning on the date of completion of the verification process described in subsection (a), with respect to an individual described in clause (ii), for such individual to enroll in qualified health plans offered through Exchanges established under title I of the Patient Protection and Affordable Care Act. (ii) Individual described.--For purposes of clause (i), an individual described in this clause is an individual-- (I) who is enrolled in a qualified health plan described in clause (i) before the date of the enactment of this Act; (II) to whom the suspension under subparagraph (A) applies; (III) who terminated enrollment in the qualified health plan during such period of suspension; and (IV) who, after the completion of the verification process described in subsection (a) with respect to such individual, seeks to enroll in such a qualified health plan.

No Subsidies Without Verification Act of 2014 - Disallows the health plan premium assistance tax credit or cost-sharing reduction under the Patient Protection and Affordable Care Act before the first date of the first coverage month beginning on or after the date on which the process to verify an individual's household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, the credit or reduction, respectively, has been completed. Requires for such verification: (1) completion of a manual or electronic review of the information required of an applicant for enrollment in a plan, and (2) resolution of any inconsistency of such information with records of the Departments of the Treasury or Homeland Security (DHS) or the Social Security Administration. Exempts individuals from the penalty for not maintaining minimum essential coverage for any month with respect to which a premium tax credit is being claimed and that begins before the date on which the verification process has been completed. Suspends, until the coverage month beginning after eligibility verification has been completed, the premium tax credit and reduced cost-sharing in the case of individuals for whom the subsidy was allowed before enactment of this Act. Provides a special enrollment period for an individual who terminated enrollment in a qualified plan during the period of suspension.

No Subsidies Without Verification Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergy and Anaphylaxis Management Act of 2008''. SEC. 2. FINDINGS. Congress finds as follows: (1) Food allergy is an increasing food safety and public health concern in the United States, especially among students. (2) Peanut allergy doubled among children from 1997 to 2002. (3) In a 2004 survey of 400 elementary school nurses, 37 percent reported having at least 10 students with severe food allergies and 62 percent reported having at least 5. (4) Forty-four percent of the elementary school nurses surveyed reported that the number of students in their school with food allergy had increased over the past 5 years, while only 2 percent reported a decrease. (5) In a 2001 study of 32 fatal food-allergy induced anaphylactic reactions (the largest study of its kind to date), more than half (53 percent) of the individuals were aged 18 or younger. (6) Eight foods account for 90 percent of all food-allergic reactions: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soy. (7) Currently, there is no cure for food allergies; strict avoidance of the offending food is the only way to prevent a reaction. (8) Anaphylaxis is a systemic allergic reaction that can kill within minutes. (9) Food-allergic reactions are the leading cause of anaphylaxis outside the hospital setting, accounting for an estimated 30,000 emergency room visits, 2,000 hospitalizations, and 150 to 200 deaths each year in the United States. (10) Fatalities from anaphylaxis are associated with a delay in the administration of epinephrine (adrenaline), or when epinephrine was not administered at all. In a study of 13 food allergy-induced anaphylactic reactions in school-age children (6 fatal and 7 near fatal), only 2 of the children who died received epinephrine within 1 hour of ingesting the allergen, and all but 1 of the children who survived received epinephrine within 30 minutes. (11) The importance of managing life-threatening food allergies in the school setting has been recognized by the American Medical Association, the American Academy of Pediatrics, the American Academy of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, and the National Association of School Nurses. (12) There are no Federal guidelines concerning the management of life-threatening food allergies in the school setting. (13) Three-quarters of the elementary school nurses surveyed reported developing their own training guidelines. (14) Relatively few schools actually employ a full-time school nurse. Many are forced to cover more than 1 school, and are often in charge of hundreds if not thousands of students. (15) Parents of students with severe food allergies often face entirely different food allergy management approaches when their students change schools or school districts. (16) In a study of food allergy reactions in schools and day-care settings, delays in treatment were attributed to a failure to follow emergency plans, calling parents instead of administering emergency medications, and an inability to administer epinephrine. SEC. 3. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``local educational agency'', ``secondary school'', and ``elementary school'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) School.--The term ``school'' includes public-- (A) kindergartens; (B) elementary schools; and (C) secondary schools. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, in consultation with the Secretary of Education. SEC. 4. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT POLICY. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (1) develop a policy to be used on a voluntary basis to manage the risk of food allergy and anaphylaxis in schools; and (2) make such policy available to local educational agencies and other interested individuals and entities, including licensed child care providers, preschool programs, and Head Start, to be implemented on a voluntary basis only. (b) Contents.--The voluntary policy developed by the Secretary under subsection (a) shall contain guidelines that address each of the following: (1) Parental obligation to provide the school, prior to the start of every school year, with-- (A) documentation from the student's physician or nurse-- (i) supporting a diagnosis of food allergy and the risk of anaphylaxis; (ii) identifying any food to which the student is allergic; (iii) describing, if appropriate, any prior history of anaphylaxis; (iv) listing any medication prescribed for the student for the treatment of anaphylaxis; (v) detailing emergency treatment procedures in the event of a reaction; (vi) listing the signs and symptoms of a reaction; and (vii) assessing the student's readiness for self-administration of prescription medication; and (B) a list of substitute meals that may be offered to the student by school food service personnel. (2) The creation and maintenance of an individual health care plan tailored to the needs of each student with a documented risk for anaphylaxis, including any procedures for the self-administration of medication by such students in instances where-- (A) the students are capable of self-administering medication; and (B) such administration is not prohibited by State law. (3) Communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response. (4) Strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as cafeterias. (5) The dissemination of information on life-threatening food allergies to school staff, parents, and students, if appropriate by law. (6) Food allergy management training of school personnel who regularly come into contact with students with life- threatening food allergies. (7) The authorization and training of school personnel to administer epinephrine when the school nurse is not immediately available. (8) The timely accessibility of epinephrine by school personnel when the nurse is not immediately available. (9) Extracurricular programs such as non-academic outings and field trips, before- and after-school programs, and school- sponsored programs held on weekends that are addressed in the individual health care plan. (10) The collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis. (c) Relation to State Law.--Nothing in this Act or the policy developed by the Secretary under subsection (a) shall be construed to preempt State law, including any State law regarding whether students at risk for anaphylaxis may self-administer medication. SEC. 5. VOLUNTARY NATURE OF POLICY AND GUIDELINES. The policy developed by the Secretary under section 4(a) and the food allergy management guidelines contained in such policy are voluntary. Nothing in this Act or the policy developed by the Secretary under section 4(a) shall be construed to require a local educational agency or school to implement such policy or guidelines. Passed the House of Representatives April 8, 2008. Attest: LORRAINE C. MILLER, Clerk.

Food Allergy and Anaphylaxis Management Act of 2008 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a policy to manage the risk of food allergy and anaphylaxis in schools to be implemented on a voluntary basis only. Directs that such policy address: (1) the documentation of student allergies and the development of an individual health care plan for each such student; (2) communication with emergency medical services, school staff, parents, and students; (3) reduction of exposure to causative agents of food allergies; (4) food allergy management training; and (5) administration of epinephrine. Provides that the policy developed by the Secretary and the food allergy management guidelines contained in such policy are voluntary.

To direct the Secretary of Health and Human Services, in consultation with the Secretary of Education, to develop a voluntary policy for managing the risk of food allergy and anaphylaxis in schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Access and Refundability Expansion Act'' or as the ``Child CARE Act''. SEC. 2. CREDIT FOR DEPENDENT CARE EXPENSES. (a) Credit Made Refundable.-- (1) In general.--The Internal Revenue Code of 1986 is amended by redesignating section 21 as section 36C and by moving such section after section 36B. (2) Credit not allowed for services provided outside the united states.--Section 36C(b)(2)(A) of such Code, as redesignated by this section, is amended by adding at the end the following: ``Such term shall not include any amount paid for services provided outside the United States.''. (3) Conforming amendments.-- (A) Section 23(f)(1) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (B) Section 35(g)(6) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (C) Section 36C(a)(1) of such Code, as redesignated by this section, is amended by striking ``this chapter'' and inserting ``this subtitle''. (D) Section 129(a)(2)(C) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36C(e)''. (E) Section 129(b)(2) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36C(d)(2)''. (F) Section 129(e)(1) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 36C(b)(2)''. (G) Section 213(e) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (H) Section 6211(b)(4)(A) of such Code is amended by inserting ``36C,'' after ``36B,''. (I) Section 6213(g)(2)(H) of such Code is amended by striking ``section 21'' and inserting ``section 36C''. (J) Section 6213(g)(2)(L) of such Code is amended by striking ``section 21, 24, 32, or 6428'' and inserting ``section 24, 32, 36C, or 6428''. (K) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (L) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 21. (M) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Expenses for household and dependent care services necessary for gainful employment.''. (b) Increase in Dollar Limitation.--Section 36C(c) of such Code, as redesignated by this section, is amended-- (1) by striking ``$3,000'' in paragraph (1) and inserting ``$8,000'', and (2) by striking ``$6,000'' in paragraph (2) and inserting ``twice the dollar amount in effect under paragraph (1)''. (c) Credit Allowed for 50 Percent of Qualified Expenses.--Section 36C(a)(2) of such Code, as redesignated by this section, is amended by striking ``35 percent'' and all that follows and inserting ``50 percent.''. (d) Income Limitation.--Section 36C(a) of such Code, as redesignated by this section, is amended by adding at the end the following new paragraph: ``(3) Income limitation.--No credit shall be allowed under paragraph (1) with respect to any taxpayer for any taxable year if the taxpayer's adjusted gross income for such taxable year exceeds $200,000.''. (e) Inflation Adjustment of Dollar and Income Limitations.--Section 36C(e) of such Code, as redesignated by this section, is amended by adding at the end the following new paragraph: ``(11) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2015, the $8,000 amount in subsection (c)(1) and the $200,000 amount in subsection (a)(3) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $100.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. CREDIT FOR EDUCATION OF EMPLOYEES OF CHILD CARE CENTERS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CHILD CARE CENTER EDUCATION CREDIT. ``(a) In General.--For the purposes of section 38, the child care center education credit determined under this section for the taxable year is an amount equal to 50 percent of so much of the child care educational expenses paid or incurred by the taxpayer with respect to the operation of a qualified child care center during the taxable year. ``(b) Limitation.--The child care educational expenses taken into account under subsection (a) with respect to any eligible employee of the taxpayer for any taxable year shall not exceed $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Child care educational expenses.-- ``(A) In general.--The term `child care educational expenses' means, with respect to any eligible employee, expenses paid or incurred by the taxpayer to an eligible educational institution (as defined in section 25A(f)(2)) for classes related to early childhood education or development or child care certification. ``(B) Eligible employee.--The term `eligible employee' means any employee of the taxpayer whose primary job function is providing care to children in a qualified child care center. ``(2) Qualified child care center.--The term `qualified child care center' means any dependent care center (as defined in section 36C(b)(2)(D)) located in the United States which meets the requirements of section 36C(b)(2)(C)(i). ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for the portion of the expenses otherwise allowable as a deduction that are taken into account in determining the credit under this section for the taxable year.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the child care center education credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Child care center education credit.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Child Care Access and Refundability Expansion Act or the Child CARE Act This bill amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) make such credit refundable, (2) deny such credit for services provided outside the United States, (3) increase the dollar limit on the allowable amount of such credit and the percentage rate for qualified expenses, (4) deny such credit for taxpayers whose adjusted gross income exceeds $200,000 in a taxable year; and (5) allow an annual inflation adjustment to the threshold amount for reducing such credit and the maximum allowable credit amount, beginning after 2015. The bill also allows a new tax credit for 50% of the child care educational expenses, up to a maximum of $1,000 in any taxable year, paid with respect to the operation of a qualified child care center.

Child CARE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Tax Relief Act of 2006''. SEC. 2. SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR FUELS WHEN WEEKLY UNITED STATES RETAIL GASOLINE PRICES EXCEED BENCHMARK. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Suspension of Highway Motor Fuel Taxes When Retail Gasoline Exceeds Benchmark.-- ``(1) In general.--During any suspension period, the tax imposed by section 4041 or 4081 on highway motor fuel shall be suspended. ``(2) Definitions.--For purposes of this subsection-- ``(A) Suspension period.--The term `suspension period' means-- ``(i) the 60-day period beginning 7 days after the date of enactment of this subsection, and ``(ii) after such 60-day period, any period-- ``(I) beginning 7 days after the date on which the weekly United States retail gasoline price for regular grade conventional areas (as published by the Energy Information Administration, Department of Energy), inclusive of such tax, is greater than the benchmark price, and ``(II) ending 7 days after the date on which such price (as so published), without regard to this subsection, does not exceed the benchmark price. ``(B) Benchmark price.--For purposes of this subsection-- ``(i) In general.--The term `benchmark price' means $2.75 per gallon. ``(ii) Adjustment for inflation.--In the case of any calendar year beginning after 2006, the dollar amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under subclause (II) shall be rounded to the nearest cent. ``(C) Highway motor fuel.--The term `highway motor fuel' means any fuel subject to tax under section 4041 or 4081 other than aviation gasoline and aviation-grade kerosene.''. (b) Maintenance of Trust Funds Deposits; Amounts Appropriated to Trust Funds Treated as Taxes.-- (1) In general.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to each trust fund which would (but for this subsection) receive reduced revenues as a result of a suspension in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by this section) an amount equal to such reduction in revenues. Amounts appropriated by the preceding sentence to any trust fund-- (A) shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred had subsection (a) not been enacted, and (B) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1). (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. (d) 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 any suspension period in effect under section 4081(f) of the Internal Revenue Code of 1986 (as added by subsection (a) of this section). (B) 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. (e) 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 end of any suspension period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (B) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (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.

Gasoline Tax Relief Act of 2006 - Amends the Internal Revenue Code to suspend excise taxes on diesel and other highway motor fuels during specified periods when weekly retail gasoline prices as published by the Department of Energy exceed $2.75 per gallon.

To amend the Internal Revenue Code of 1986 to suspend the excise tax on highway motor fuels when average United States retail gasoline prices exceed $2.75 per gallon.

SECTION 1. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER OPERATIONS AND CYBER WEAPONS. (a) Notification.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new sections: ``Sec. 130j. Notification requirements for sensitive military cyber operations ``(a) In General.--Except as provided in subsection (d), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military cyber operation conducted under this title no later than 48 hours following such operation. ``(b) Procedures.--(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes. ``(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section. ``(3) In the event of an unauthorized disclosure of a sensitive military cyber operation covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the sensitive military cyber operation concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision of the verbal notification. ``(c) Sensitive Military Cyber Operation Defined.--(1) In this section, the term `sensitive military cyber operation' means an action described in paragraph (2) that-- ``(A) is carried out by the armed forces or by a foreign partner in coordination with the armed forces; and ``(B) is intended to cause effects outside a geographic location where United States armed forces are involved in hostilities (as that term is used in section 1543 of title 50, United States Code). ``(2) The actions described in this paragraph are the following: ``(A) An offensive cyber operation. ``(B) A defensive cyber operation outside the Department of Defense Information Networks to defeat an ongoing or imminent threat. ``(d) Exceptions.--The notification requirement under subsection (a) does not apply-- ``(1) to a training exercise conducted with the consent of all nations where the intended effects of the exercise will occur; or ``(2) to a covert action (as that term is defined in section 3093 of title 50, United States Code). ``(e) Rule of Construction.--Nothing in this section shall be construed to provide any new authority or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), or any requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.). ``Sec. 130k. Notification requirements for cyber weapons ``(a) In General.--Except as provided in subsection (c), the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of the following: ``(1) With respect to a cyber capability that is intended for use as a weapon, the results of any review of the capability for legality under international law pursuant to Department of Defense Directive 5000.01 no later than 48 hours after any military department concerned has completed such review. ``(2) The use as a weapon of any cyber capability that has been approved for such use under international law by a military department no later than 48 hours following such use. ``(b) Procedures.--(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes. ``(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section. ``(3) In the event of an unauthorized disclosure of a cyber capability covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the cyber capability concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision of the verbal notification. ``(c) Exceptions.--The notification requirement under subsection (a) does not apply-- ``(1) to a training exercise conducted with the consent of all nations where the intended effects of the exercise will occur; or ``(2) to a covert action (as that term is defined in section 3093 of title 50, United States Code). ``(d) Rule of Construction.--Nothing in this section shall be construed to provide any new authority or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), or any requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``130j. Notification requirements for sensitive military cyber operations. ``130k. Notification requirements for cyber weapons.''.

This bill instructs the Department of Defense (DOD) to notify the congressional defense committees within 48 hours after any sensitive military cyber operation has been conducted. A sensitive military cyber operation is an offensive cyber operation or a defensive cyber operation outside DOD's information networks to defeat an ongoing or imminent threat that: (1) is carried out by the U.S. Armed Forces or by a foreign partner in coordination with them, and (2) is intended to cause effects outside of a geographic location where the Armed Forces are involved in hostilities. DOD must also notify such committees within 48 hours after: (1) the completion of any review of the legality under international law of a cyber capability that is intended for use as a weapon; and (2) the use as a weapon of any cyber capability that has been approved under international law. Such notification requirements shall not apply to: (1) a training exercise conducted with the consent of all of the nations where its intended effects will occur, or (2) a covert action.

To amend title 10, United States Code, to require congressional notification concerning sensitive military cyber operations and cyber weapons, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017''. SEC. 2. FINDINGS. The Congress finds that-- (1) there is a 12-percent Federal retail excise tax on certain new heavy trucks, tractors, and trailers, coupled with new regulatory mandates, significantly increasing the cost of new heavy-duty trucks, tractors, and trailers, and discourages the replacement of older, less environmentally clean and less fuel economical vehicles; (2) this 12-percent Federal retail excise tax is the highest percentage rate of any Federal ad valorem excise tax; (3) the Federal excise tax was first levied by Congress in 1917 to help finance America's involvement in World War I; (4) in 2016, the average manufacturer suggested retail price for heavy trucks was over $175,921; (5) the 12-percent Federal retail excise tax routinely adds between $12,000 and $22,000 to the cost of a heavy truck, tractor, or trailer; (6) the average in-use, heavy truck is 9.5 years old, close to the historical all-time high; (7) the Environmental Protection Agency's model year 2002- 2010 tailpipe emissions rules account for $20,000 of the average price of today's new heavy-duty trucks; (8) according to the 2011 Environmental Protection Agency and National Highway Traffic Safety Administration Regulatory Impact Analysis entitled ``Final Rulemaking to Establish Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium and Heavy-Duty Engines and Vehicles'', model year 2014-2018 EPA-Department of Transportation fuel economy rules will add up to approximately $6,683 to the price of new heavy-duty trucks; (9) according to the 2016 Environmental Protection Agency and National Highway Traffic Safety Administration Final Rule entitled ``Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy-Duty Engines and Vehicles--Phase 2'', model year 2021-2027 fuel economy rules will add up to approximately $12,500 to the price of new heavy-duty trucks; (10) the $39,183 average per truck cost of these regulatory mandates results in an additional $4,700 Federal excise tax, on average; (11) since the Federal retail excise tax on certain new heavy trucks, tractors, and trailers is based on annual sales, receipts from the tax deposited in the Highway Trust Fund can vary greatly; and (12) Congress should consider a more reliable and consistent revenue mechanism to protect the Highway Trust Fund. SEC. 3. REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS. (a) In General.--Chapter 31 of the Internal Revenue Code of 1986 is amended by striking subchapter C (and by striking the item relating to such subchapter from the table of subchapters for such chapter). (b) Conforming Amendments.-- (1) Section 4072(c) of such Code is amended to read as follows: ``(c) Tires of the Type Used on Highway Vehicles.-- ``(1) In general.--For purposes of this part, the term `tires of the type used on highway vehicles' means tires of the type used on-- ``(A) motor vehicles which are highway vehicles, or ``(B) vehicles of the type used in connection with motor vehicles which are highway vehicles. ``(2) Exception for mobile machinery.-- ``(A) In general.--Such term shall not include tires of a type used exclusively on mobile machinery. ``(B) Mobile machinery.--For purposes of subparagraph (A), the term `mobile machinery' means any vehicle which consists of a chassis-- ``(i) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, ``(ii) which has been specially designed to serve only as a mobile carriage and mount (and a power source, where applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and ``(iii) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis.''. (2) Section 4221 of such Code is amended-- (A) by striking ``4051 or'' in subsection (a), and (B) by striking ``and in the case of any article sold free of tax under section 4053(6),'' in subsection (c). (3) Section 4222(d) of such Code is amended by striking ``4053(6),''. (4) Section 4293 of such Code is amended by striking ``section 4051,''. (5) Section 6416(b)(2) of such Code is amended by striking ``or under section 4051''. (6) Section 6416(b) of such Code is amended by striking paragraph (6). (7) Section 9503(b)(1) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (c) Effective Date.--The amendments made by this section shall apply to sales and installations on or after the date of the introduction of this Act.

Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017 This bill amends the Internal Revenue Code to repeal the 12% excise tax on the retail sale of heavy trucks and trailers.

Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Preservation for Parents in Poverty Act''. SEC. 2. EXTENSION AND MODIFICATION OF THE TANF EMERGENCY FUND. (a) Extension.-- (1) In general.--Section 403(c) of the Social Security Act (42 U.S.C. 603(c)) is amended-- (A) in paragraph (2)(A), by inserting ``, and for the first quarter of fiscal year 2011, $500,000,000'' before ``for payment''; (B) by striking paragraph (2)(B) and inserting the following: ``(B) Availability and use of funds.-- ``(i) Fiscal years 2009 and 2010.--The amounts appropriated to the Emergency Fund under subparagraph (A) for fiscal year 2009 shall remain available through fiscal year 2010 and shall be used to make grants to States in each of fiscal years 2009 and 2010 in accordance with paragraph (3), except that the amounts shall remain available through fiscal year 2011 to make grants and payments to States in accordance with paragraph (3)(C) to cover expenditures to subsidize employment positions held by individuals placed in the positions before fiscal year 2011. ``(ii) Fiscal year 2011.--Subject to clause (iii), the amounts appropriated to the Emergency Fund under subparagraph (A) for the first quarter of fiscal year 2011 shall remain available through fiscal year 2012 and shall be used to make grants to States based on expenditures in the first quarter of fiscal year 2011 for benefits and services provided in the first quarter of fiscal year 2011 in accordance with the requirements of paragraph (3). ``(iii) Reservation of funds.--Of the amounts appropriated to the Emergency Fund under subparagraph (A) for the first quarter of fiscal year 2011, $500,000 shall be placed in reserve for use in fiscal year 2012, and shall be used to award grants for any expenditures described in this subsection incurred by States after December 31, 2010.''; (C) in paragraph (2)(C), by striking ``2010'' and inserting ``2012''; (D) in paragraph (3)-- (i) in clause (i) of each of subparagraphs (A), (B), and (C)-- (I) by inserting ``, and the first calendar quarter of fiscal year 2011,'' after ``2009 or 2010,''; (II) by striking ``and'' at the end of subclause (I); (III) by striking the period at the end of subclause (II) and inserting ``; and''; and (IV) by adding at the end the following: ``(III) if the quarter is in fiscal year 2011, has provided the Secretary with such information as the Secretary may find necessary in order to make the determinations, or take any other action, described in paragraph (5)(C).''; and (ii) in subparagraph (C), by adding at the end the following: ``(iv) Limitation on expenditures for subsidized employment.--An expenditure for subsidized employment shall be taken into account under clause (ii) only if the expenditure is used to subsidize employment for-- ``(I) a member of a needy family (without regard to whether the family is receiving assistance under the State program funded under this part); or ``(II) an individual who has exhausted (or, within 60 days, will exhaust) all rights to receive unemployment compensation under Federal and State law, and who is a member of a needy family.''; (E) by striking paragraph (5) and inserting the following: ``(5) Limitations on payments; adjustment authority.-- ``(A) Fiscal years 2009 and 2010.--The total amount payable to a single State under subsection (b) and this subsection for fiscal years 2009 and 2010 combined shall not exceed 50 percent of the annual State family assistance grant. ``(B) Fiscal year 2011.--Subject to subparagraph (C), the total amount payable to a single State under subsection (b) and this subsection for the first quarter of fiscal year 2011 shall not exceed 5 percent of the annual State family assistance grant. ``(C) Adjustment authority.--If the Secretary determines that the Emergency Fund is at risk of being depleted before December 31, 2010, or that funds are available to accommodate additional State requests under this subsection, the Secretary may, through program instructions issued without regard to the requirements of section 553 of title 5, United States Code-- ``(i) specify priority criteria for awarding grants to States during the first quarter of fiscal year 2011; and ``(ii) adjust the percentage limitation applicable under subparagraph (B) with respect to the total amount payable to a single State for the first quarter of fiscal year 2011.''; and (F) in paragraph (6), by inserting ``or for expenditures described in paragraph (3)(C)(iv)'' before the period. (2) Conforming amendments.--Section 2101 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended-- (A) in subsection (a)(2)-- (i) by striking ``October 1, 2010'' and inserting ``January 1, 2011''; and (ii) by striking all that follows ``repealed'' and inserting a period; and (B) in subsection (d)(1), by striking ``October 1, 2010'' and inserting ``January 1, 2011''. (b) Modification of Grant Requirements.-- (1) In general.--Effective October 1, 2010, section 403(c) of the Social Security Act (42 U.S.C. 603(c)), as amended by subsection (a), is amended-- (A) in paragraph (3)(A)-- (i) by striking ``related to caseload increases'' in the heading and inserting ``related to increased expenditures''; (ii) by striking clause (ii) and redesignating clause (iii) as clause (ii); and (iii) by striking ``each State that'' and all that follows in clause (i) and inserting ``each State that requests a grant under this subparagraph for the quarter, to the extent provided in clause (ii)''; (B) in paragraph (4), by striking ``the caseload of a State and''; and (C) in paragraph (9)-- (i) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (ii) by striking ``The average monthly assistance caseload of the State.'' in clause (ii)(I) and inserting ``The average quarterly total expenditures of the State for basic assistance (as defined by the Secretary under paragraph (3)(A)(ii)).''. (2) Conforming amendments.--Effective October 1, 2010, section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3)) is amended-- (A) by striking ``(within the meaning of section 403(c)(9))'' in subparagraph (A)(i); and (B) by adding at the end the following new subparagraph: ``(C) Average monthly assistance caseload.--For purposes of this paragraph, the term `average monthly assistance caseload' means, with respect to a State and a quarter, the number of families receiving assistance during the quarter under the State program funded under this part or as qualified State expenditures, subject to adjustment by the Secretary as permitted by section 403(c)(4).''. (c) Program Guidance.--The Secretary of Health and Human Services shall issue program guidance, without regard to the requirements of section 553 of title 5, United States Code, which ensures that the funds provided under the amendments made by this section to a jurisdiction for subsidized employment do not support any subsidized employment position the annual salary of which is greater than, at State option-- (1) 200 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section 673(2)) for a family of 4; or (2) the median wage in the jurisdiction. SEC. 3. FUNDING LEVEL OF TANF CONTINGENCY FUND. Notwithstanding any other provision of law, the total amount appropriated for the Contingency Fund for State Welfare Programs established under section 403(b) of the Social Security Act (42 U.S.C. 603(b)) shall be-- (1) for fiscal year 2012, $112,000,000; and (2) for fiscal year 2013, $612,000,000.

Job Preservation for Parents in Poverty Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise and extend the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs (Emergency Contingency Fund) at current levels through the first quarter of FY2011. Places a certain amount of appropriations in reserve for use in FY2012. Prohibits the Secretary of Health and Human Services (HHS) from making a grant from the Emergency Contingency Fund for a fiscal year after FY2012. Limits expenditures for subsidized employment to employment for: (1) a member of a needy family (without regard to whether the family is receiving assistance under the state TANF program); or (2) a member of a needy family who has exhausted (or, within 60 days, will exhaust) all rights to receive unemployment compensation under federal and state law. Reduces the funding level of the (regular) Contingency Fund for State Welfare Programs for FY2012 and FY2013 (to offset appropriations for this Act).

A bill to extend the Emergency Contingency Fund for State Temporary Assistance for Needy Families Program, and for other purposes.

SECTION 1. CONVEYANCE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, COLORADO, TO THE STATE OF COLORADO. (a) Conveyance Authorized.--Notwithstanding any other provision of law and subject to the provisions of this section, the Secretary of Veterans Affairs may convey, without consideration, to the State of Colorado all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon other than Kit Carson Chapel, consisting of approximately 512 acres and comprising the location of the Ft. Lyon Department of Veterans Affairs Medical Center. The purpose of the conveyance is to permit the State of Colorado to utilize the property for purposes of a correctional facility. (b) Public Access.--(1) The Secretary may not make the conveyance of real property authorized by subsection (a) unless the State of Colorado agrees to provide appropriate public access to Kit Carson Chapel and the cemetery located on the real property. (2) The State of Colorado may satisfy the condition specified in paragraph (1) with respect to Kit Carson Chapel by relocating the chapel to Fort Lyon National Cemetery, Colorado, or another appropriate location jointly selected by the Secretary and the State of Colorado. (c) Replacement Facilities.--The Secretary may not make the conveyance authorized by subsection (a) until the date on which the Secretary opens not less than three health care facilities, and a nursing home care facility, in Veterans Integrated Service Network (VISN) 19, which shall serve as replacement facilities for the Ft. Lyon Department of Veterans Affairs Medical Center. (d) Environmental Restoration.--The Secretary may not make the conveyance authorized by subsection (a) until the Secretary completes the evaluation and performance of any environmental restoration activities required by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and by any other provision of law. (e) Personal Property.--As part of the conveyance authorized by subsection (a), the Secretary may convey, without consideration, to the State of Colorado any furniture, fixtures, equipment, and other personal property associated with the property conveyed under that subsection that the Secretary determines is not required for purposes of the Department of Veterans Affairs health care facilities to be established by the Secretary in southern Colorado or for purposes of Ft. Lyon National Cemetery. (f) Legal Description.--The exact acreage and legal description of the real property to be conveyed under subsection (a), and of any fixtures and other personal property conveyed under subsection (e), shall be determined by a survey, and by such other methods, as are satisfactory to the Secretary. Any costs associated with activities under this subsection shall be borne by the State of Colorado. (g) Additional Terms and Conditions.--The Secretary may require such other terms and conditions in connection with the conveyances authorized by subsections (a) and (e) as the Secretary considers appropriate to protect the interests of the United States. SEC. 2. EFFECT OF CLOSURE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER ON ADMINISTRATION OF HEALTH CARE FOR VETERANS. (a) Payment for Nursing Home Care.--Notwithstanding any limitation under section 1720 or 1741 of title 38, United States Code, the Secretary of Veterans Affairs may pay the State of Colorado, or any private nursing home care facility, for costs incurred in providing nursing home care to any veteran who is relocated from the Ft. Lyon Department of Veterans Affairs Medical Center, Colorado, to the State of Colorado or such private facility, as the case may be, as a result of the closure of the Ft. Lyon Department of Veterans Affairs Medical Center. (b) Obligation To Provide Extended Care Services.--Nothing in this Act may be construed to alter or otherwise effect the obligation of the Secretary to meet the requirements of section 1710B(b) of title 38, United States Code, relating to staffing and levels of extended care services in fiscal years after fiscal year 1998. (c) Extension of Voluntary Early Retirement Authority.-- Notwithstanding section 1109(a) of the Department of Veterans Affairs Employment Reduction Assistance Act of 1999 (title XI of Public Law 106-117; 113 Stat. 1599; 5 U.S.C. 5597 note), the authority to pay voluntary separation incentive payments under that Act to employees of the Ft. Lyon Department of Veterans Affairs Medical Center shall apply to eligible employees (as defined by section 1110 of that Act) at the Ft. Lyon Department of Veterans Affairs Medical Center whose separation occurs before June 30, 2001. (d) Report on Veterans Health Care in Southern Colorado.--Not later than one year after the conveyance, if any, authorized by section 1, the Under Secretary for Health of the Department of Veterans Affairs, acting through the Director of Veterans Integrated Service Network (VISN) 19, shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the status of the health care system for veterans under the Network in the Southern Colorado. The report shall describe any improvements to the system in Southern Colorado that have been put into effect in the period beginning on the date of the conveyance and ending on the date of the report.

Prohibits the Secretary from making the conveyance unless the State agrees to provide public access to the Chapel and the cemetery located on such property. Permits the State to satisfy such condition respecting the chapel by relocating it to Ft. Lyon National Cemetery, Colorado, or another appropriate location jointly selected by the Secretary and the State. Prohibits the Secretary from making the conveyance until: (1) the date on which the Secretary opens not less than three health care facilities, and a nursing home care facility, in Veterans Integrated Service Network (VISN) 19, which shall serve as replacement facilities for the Medical Center; and (2) the Secretary completes required environmental restoration activities. Authorizes the Secretary to pay the State or any private nursing home care facility for costs incurred in providing nursing home care to any veteran who is relocated from the Medical Center as a result of the Medical Center's closure. States that the authority to pay voluntary separation incentive payments under the Department of Veterans Affairs Employment Reduction Assistance Act of 1999 to employees of the Medical Center shall apply to eligible employees whose separation occurs before June 30, 2001. Requires the Under Secretary for Health of the Department, acting through the Director of VISN 19, not later than one year after the conveyance, to submit to congressional veterans affairs committees a report on the status of the health care system for veterans under VISN in southern Colorado describing any improvements to such system in southern Colorado that have been put into effect since the date of such conveyance.

A bill to provide for the conveyance of the Department of Veterans Affairs Medical Center at Ft. Lyon, Colorado, to the State of Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Marshals Service 225th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States Marshals Service, the first law enforcement agency in America, was established under section 27 of the Act entitled ``Chapter XX.--An Act to Establish the Judicial Courts of the United States'' and enacted on September 24, 1789 (commonly referred to as the ``Judiciary Act of September 24, 1789''), during the 1st Session of the 1st Congress, and was signed into law by the 1st President of the United States, George Washington; (2) George Washington had carefully considered the appointments to the Judicial branch long before the enactment of the Judiciary Act of September 24, 1789, and appointed the first 13 United States Marshals on September 26, 1789, 2 days after signing the Act into law; (3) the United States Marshals Service has had major significance in the history in the United States and has directly contributed to the safety and preservation of this Nation, by serving as an instrument of civil authority used by all 3 branches of the United States Government; (4) one of the original 13 United States Marshals, Robert Forsyth of Georgia, a 40-year-old veteran of the Revolutionary War, was the first civilian official of the United States Government, and the first of many United States Marshals and deputies to be killed in the line of duty when he was shot on January 11, 1794, while trying to serve civil process; (5) the United States Marshals Service Commemorative Coin will be the first commemorative coin to honor the United States Marshals Service; (6) in 2008, the United States Marshals Service established a 225th Anniversary Committee to ensure a suitable national observance of the United States Marshals Service 225th Anniversary, to take place on or about September 24, 2014, to support and facilitate marketing efforts for a commemorative coin and related activities for the United States Marshals Service 2014 observances; (7) a commemorative coin will bring national and international attention to the lasting legacy of this Nation's oldest law enforcement agency; (8) the United States should pay tribute to the Nation's oldest law enforcement agency, the United States Marshals Service, by minting and issuing commemorative coins in accordance with this Act; and (9) the proceeds from a surcharge on the sale of such commemorative coins will assist the financing of several national monuments, museums, and charitable organizations, including the United States Marshals Service National Museum, the National Law Enforcement Museum and Memorial, and the Center for Missing and Exploited Children. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 225th anniversary of the establishment of the United States Marshals Service, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 142,000 $5 gold coins, which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain 1 troy ounce of fine gold. (2) $1 silver coins.--Not more than 503,000 $1 coins of each of the designs specified in section 4(a)(3)(B), which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent alloy. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Mintage Level Coordination.--Section 5112(m)(2)(A) of title 31, United States Code, shall not apply to any mintage levels authorized under subsection (a). SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 225 years of exemplary and unparalleled achievements of the United States Marshals Service. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2014-2015''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'', and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images.-- (A) $5 gold coins.-- (i) Obverse.--The obverse of the $5 coins issued under this Act shall bear an image of the Marshals Services Star (also referred to as ``America's Star''). (ii) Reverse.--The reverse of the $5 coins issued under this Act shall bear a design emblematic of the sacrifice and service of the men and women of the United States Marshals Service who lost their lives in the line of duty. (iii) Edge incusion.--It is the sense of the Congress that, to the extent practicable, the edge of the $5 coins issued under this Act shall bear the motto of the United States Marshals Service ``Justice, Integrity, Service''. (iv) High relief.--The design and inscriptions on the obverse and reverse of the $5 coins issued under this Act shall be in high relief. (B) $1 silver coins.-- (i) Obverse.--The obverse of the $1 coins issued under this Act shall bear an image of the Marshals Services Star (also referred to as ``America's Star''). (ii) Edge incusion.--It is the sense of the Congress that, to the extent practicable, the edge of each $1 coin shall bear the motto of the United States Marshals Service ``Justice, Integrity, Service''. (4) Realistic and historically accurate depictions.--The images for the designs of coins issued under this Act shall be selected on the basis of the realism and historical accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called ``Golden Age of Coinage'' in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Director of the United States Marshals Service, the Historian of the United States Marshals Service, and the Commission of Fine Arts; and (2) reviewed by-- (A) the Citizens Coin Advisory Committee; and (B) the United States Marshals Service 225th Anniversary Committee, a panel to be formed consisting of administrative and operational members of the United States Marshals Service, past or present. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality and uncirculated quality. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins to the public minted under this Act beginning on September 24, 2014, the 225th anniversary date of the United States Marshals Service, except for a limited number to be issued prior to such date to the Director of the United States Marshals Service and employees of the Service for display and presentation during the 225th Anniversary celebration. Coins issued under this Act shall be treated as a coin program for calendar year 2015 for purposes of section 5112(m)(1) of title 31, United States Code. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2015. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (3) United states marshals service employees.--To the extent possible, the Secretary shall make arrangements to ensure that current, former, and retired employees of the United States Marshals Service, names to be verified by the Director thereof, or the designee thereof, have an exclusive defined period of time to place prepaid orders under paragraph (1) at the same reasonable discount referred to in paragraph (2). (c) Presentation.--In addition to the issuance of coins under this Act in such other methods of presentation as the Secretary determines appropriate, the Secretary shall provide, as a sale option, a presentation case which displays the $5 gold and the $1 silver coins. The presentation case should bear a depiction of the current badge of the United States Marshals Service. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 gold coin. (2) A surcharge of $10 per coin for the $1 silver coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly distributed as follows: (1) The first $5,000,000 available for distribution under this section to the Director of the United States Marshals Service National Museum located in Fort Smith, Arkansas, for the preservation, maintenance, and display of artifacts and documents of the United States Marshals Service. (2) Of amounts available for distribution after the payment under paragraph (1)-- (A) $1,000,000 to the National Center for Missing and Exploited Children located in Washington, DC; (B) $1,000,000 to the National Law Enforcement Officers Memorial Fund located in Washington, DC, in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial; (C) $1,000,000 to the Federal Law Enforcement Officers Association; (D) $500,000 to the William ``Bill'' Degan Scholarship Fund, which provides scholarships for spouses and children of law enforcement officers killed in the line of duty; (E) $500,000 to the Robert D. May Scholarship Fund, which provides scholarships for spouses and children of law enforcement officer killed in the line of duty; (F) $500,000 to the Community Oriented Policing Service; and (G) $500,000 to the United States Marshals Service Association, a charitable organization under section 501(c)(3) of the Internal Revenue Code of 1986, located in Miami, Florida. (c) Audits.--All organizations, associations, and funds under this Act shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection. SEC. 8. BRONZE DUPLICATES. The Secretary may strike and sell bronze duplicates of the $5 gold coins authorized under this Act, at a price that the Secretary determines to be appropriate.

United States Marshals Service 225th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service. Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin; and (2) $10 per $1 coin. Requires distribution of the first $5 million to the Director of the United States Marshals Service National Museum, for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service. Requires distribution of: (1) $1 million to the National Center for Missing and Exploited Children; (2) $1 million to the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial; (3) $1 million to the Federal Law Enforcement Officers Association; (4) $500,000 to the William "Bill" Degan Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (5) $500,000 to the Robert D. May Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (6) $500,000 to the Community Oriented Policing Service; and (7) $500,000 to the Retired United States Marshals Service Association. Authorizes the Secretary to strike and sell bronze duplicates of the $5 gold coins.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the 225th anniversary of the establishment of the Nation's first law enforcement agency, the United States Marshals Service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food and Medicine for the World Act of 1999''. SEC. 2. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY NEW UNILATERAL AGRICULTURAL SANCTION. (a) Definitions.-- (1) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given the term in section 402 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1732). (2) Agricultural program.--The term ``agricultural program'' means-- (A) any program administered through the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480; 7 U.S.C. 1701 et seq.); (B) any program administered through section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); (C) any commercial sale of agricultural commodities or agricultural products, including plant nutrient materials; or (D) any export financing (including credits or credit guarantees) for agricultural commodities or agricultural products. (3) New unilateral agricultural sanction.--The term ``new unilateral agricultural sanction'' means any prohibition, restriction, or condition on carrying out an agricultural program with respect to a foreign country or foreign entity that is imposed by the United States on or after the date of enactment of this Act for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures. (4) New unilateral sanction with respect to medicine, medical supplies, or medical equipment.--The term ``new unilateral sanction with respect to medicine, medical supplies, or medical equipment'' means any prohibition, restriction, or condition on trade in, or the provision of assistance consisting of, medicine, medical supplies, or medical equipment with respect to a foreign country or foreign entity that is imposed by the United States on or after the date of enactment of this Act for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures. (5) Session day of congress.--The term ``session day of Congress'' means any day on which a House of Congress is in session. (b) Restriction.--Notwithstanding any other provision of law and subject to subsection (c), the President may not impose a new unilateral agricultural sanction against a foreign country, or a new unilateral sanction with respect to medicine, medical supplies, or medical equipment against a foreign country, unless-- (1) not less than 60 days before the sanction is proposed to be imposed, the President submits a report to Congress that-- (A) describes the activity proposed to be prohibited, restricted, or conditioned; and (B) describes the actions by the foreign country that justify the sanction; and (2) Congress enacts a joint resolution stating the approval of Congress for the report submitted under paragraph (1). (c) Exception.--Notwithstanding subsection (b), the President may impose a sanction described in that subsection-- (1) against a foreign country with respect to which-- (A) Congress has enacted a declaration of war; or (B) the President has proclaimed a state of national emergency; or (2) to the extent that the sanction would prohibit, restrict, or condition the provision or use of any commodity, product, medicine, supply, or equipment that is controlled on the United States Munitions List under section 38 of the Arms Export Control Act or the Commerce Control List under the Export Administration Act of 1979. (d) Congressional Priority Procedures.-- (1) Joint resolution defined.--For the purpose of subsection (b)(2), ``joint resolution'' means only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under subsection (b)(1) is received by Congress, the matter after the resolving clause of which is as follows: ``That Congress approves the report of the President pursuant to section 2(b)(1) of the Food and Medicine for the World Act of 1999, transmitted on ______________.'', with the blank completed with the appropriate date. (2) Referral of report.--The report described in subsection (b)(1) shall be referred to the appropriate committee or committees of the House of Representatives and to the appropriate committee or committees of the Senate. (3) Referral of joint resolution to committee.--A joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations of the House of Representatives. A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. Such a joint resolution may not be reported before the eighth session day of Congress after its introduction. (4) Discharge from committee.--If the committee of either House to which a joint resolution is referred has not reported the joint resolution (or an identical joint resolution) at the end of 30 session days of Congress after its introduction, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar of the House in which it was introduced. (5) Floor consideration.-- (A) Motion to proceed.--When the committee to which a joint resolution is referred has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a joint resolution, notwithstanding any rule or precedent of the Senate, including Rule 22, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate on the joint resolution.--Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the 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) Vote on final passage.--Immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the joint resolution shall occur. (D) Appeals of rulings.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in paragraph (1) shall be decided without debate. (6) Treatment of other house's joint resolution.--If, before the passage by one House of Congress of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: (A) Referral of joint resolutions of sending house.--The joint resolution of the sending House shall not be referred to a committee in the receiving House. (B) Procedures in receiving house.--With respect to a joint resolution 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 sending House; but (ii) the vote on final passage shall be on the joint resolution of the sending House. (C) Disposition of joint resolutions of receiving house.--Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution originated in the receiving House. (7) Procedures after action by both the house and senate.-- If the House receiving a joint resolution from the other House after the receiving House has disposed of a joint resolution originated in that House, the action of the receiving House with regard to the disposition of the joint resolution originated in that House shall be deemed to be the action of the receiving House with regard to the joint resolution originated in the other House. (8) Status of procedures.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

Food and Medicine for the World Act of 1999 - Prohibits, with specified exceptions, the President from imposing a new unilateral agricultural sanction, or a new unilateral sanction with respect to medicine, medical supplies, or medical equipment, against a foreign country, unless: (1) not less than 60 days before the sanction is proposed to be imposed, the President makes a specified report to Congress; and (2) Congress enacts a joint resolution approving the report.

Food and Medicine for the World Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Review of the Overseas Military Facility Structure of the United States Act of 2011''. SEC. 2. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY STRUCTURE OF THE UNITED STATES. (a) In General.-- (1) Establishment.--There is established the Commission on the Review of the Overseas Military Facility Structure of the United States (in this section referred to as the ``Commission''). (2) Composition.-- (A) In general.--The Commission shall be composed of eight members of whom-- (i) two shall be appointed by the majority leader of the Senate; (ii) two shall be appointed by the minority leader of the Senate; (iii) two shall be appointed by the Speaker of the House of Representatives; and (iv) two shall be appointed by the minority leader of the House of Representatives. (B) Qualifications.--Individuals appointed to the Commission shall have significant experience in the national security or foreign policy of the United States. (C) Deadline for appointment.--Appointments of the members of the Commission shall be made not later than 45 days after the date of the enactment of this Act. (D) Chairman and vice chairman.--The Commission shall select a Chairman and Vice Chairman from among it members. (3) Tenure; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Meetings.-- (A) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (B) Calling of the chairman.--The Commission shall meet at the call of the Chairman. (C) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (b) Duties.-- (1) Study of overseas military facility structure.-- (A) In general.--The Commission shall conduct a thorough study of matters relating to the military facility structure of the United States overseas. (B) Scope.--In conducting the study, the Commission shall-- (i) assess the number of forces required to be forward based outside the United States; (ii) examine the current state of the military facilities and training ranges of the United States overseas for all permanent stations and deployed locations, including the condition of land and improvements at such facilities and ranges and the availability of additional land, if required, for such facilities and ranges; (iii) identify the amounts received by the United States, whether in direct payments, in- kind contributions, or otherwise, from foreign countries by reason of military facilities of the United States overseas; (iv) assess the feasibility and advisability of the closure or realignment of military facilities of the United States overseas, or of the establishment of new military facilities of the United States overseas; (v) consider the findings of the February 2011 Government Accountability Office report, ``Additional Cost Information and Stakeholder Input Necessary to Assess Military Posture in Europe'', GAO-11-131; and (vi) consider or assess any other issue relating to military facilities of the United States overseas that the Commission considers appropriate. (2) Report.-- (A) In general.--Not later than 60 days after holding its final public hearing, the Commission shall submit to the President and Congress a report which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (B) Proposed overseas basing strategy.--In addition to the matters specified in subparagraph (A), the report shall also include a proposal by the Commission for an overseas basing strategy for the Department of Defense in order to meet the current and future mission of the Department, taking into account heightened fiscal constraints. (C) Focus on particular issues.--The report shall focus on current and future geopolitical posturing, operational requirements, mobility, quality of life, cost, and synchronization with the combatant commands. (c) Powers.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information sharing.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Administrative support.--Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support necessary for the Commission to carry out its duties under this section. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (5) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission under this section. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel.-- (A) Expenses.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission under this section. (B) Military aircraft.--Members and staff of the Commission may receive transportation on military aircraft to and from the United States, and overseas, for purposes of the performance of the duties of the Commission to the extent that such transportation will not interfere with the requirements of military operations. (3) Staffing.-- (A) Executive director.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties under this section. The employment of an executive director shall be subject to confirmation by the Commission. (B) Staff.--The Commission may employ a staff to assist the Commission in carrying out its duties. The total number of the staff of the Commission, including an executive director under subparagraph (A), may not exceed 12. (C) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Details.--Any employee of the Department of Defense, the Department of State, or the Government Accountability Office may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Temporary and intermittent services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Security.-- (1) Security clearances.--Members and staff of the Commission, and any experts and consultants to the Commission, shall possess security clearances appropriate for their duties with the Commission under this section. (2) Information security.--The Secretary of Defense shall assume responsibility for the handling and disposition of any information relating to the national security of the United States that is received, considered, or used by the Commission under this section. (f) Termination.--The Commission shall terminate 45 days after the date on which the Commission submits its report under subsection (b).

Commission on the Review of the Overseas Military Facility Structure of the United States Act of 2011 - Establishes the Commission on the Review of the Overseas Military Facility Structure of the United States to: (1) conduct a thorough study of matters relating to the U.S. overseas military facility structure, and (2) report study findings and conclusions to the President and Congress. Requires the report to include a proposal for an overseas basing strategy for the Department of Defense (DOD) to meet current and future DOD missions during periods of heightened fiscal constraints.

A bill to establish the Commission on the Review of the Overseas Military Facility Structure of the United States.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds and declares that-- (1) certain scattered parcels of Federal land located within Gilpin County, Colorado, are currently administered by the Secretary of the Interior as part of the Royal Gorge Resource Area, Canon City District, United States Bureau of Land Management; (2) these land parcels, comprised of approximately 130 separate tracts of land ranging in size from approximately 38 acres to much less than an acre, have been identified as suitable for disposal by the Bureau of Land Management through its resource management planning process and are appropriate for disposal; and (3) even though these land parcels are scattered and small in size, they nevertheless appear to have a fair market value which may be used by the Federal Government to exchange for lands which will better lend themselves to Federal management and have higher values for future public access, use and enjoyment, recreation, the protection and enhancement of fish and wildlife and fish and wildlife habitat, and the protection of riparian lands, wetlands, scenic beauty and other public values. (b) Purpose.--It is the purpose of this Act to authorize, direct, facilitate and expedite the land exchange set forth herein in order to further the public interest by disposing of Federal lands with limited public utility and acquire in exchange therefor lands with important values for permanent public management and protection. SEC. 2. LAND EXCHANGE. (a) In General.--The exchange directed by this Act shall be consummated if within 90 days after enactment of this Act, Lake Gulch, Inc., a Colorado corporation (as defined in section 4 of this Act), offers to transfer to the United States pursuant to the provisions of this Act the offered lands or interests in land described herein. (b) Conveyance by Lake Gulch.--Subject to the provisions of section 3 of this Act, Lake Gulch shall convey to the Secretary of the Interior all right, title, and interest in and to the following offered lands: (1) Certain lands comprising approximately 40 acres with improvements thereon located in Larimer County, Colorado, and lying within the boundaries of Rocky Mountain National Park as generally depicted on a map entitled ``Circle C Church Camp'', dated August 1994, which shall upon their acquisition by the United States and without further action by the Secretary of the Interior be incorporated into Rocky Mountain National Park and thereafter be administered in accordance with the laws, rules and regulations generally applicable to the National Park System and Rocky Mountain National Park. (2) Certain lands located along the Arkansas River in Lake County, Colorado, which comprise approximately 517 acres, as generally depicted on a map entitled ``Arkansas River Headwaters Frontage'', dated August 1994. (3) Certain lands located within and adjacent to the United States Bureau of Land Management San Luis Resource Area in Conejos County, Colorado, which comprise approximately 3,993 acres and are generally depicted on a map entitled ``Quinlan Ranches Tract'', dated August 1994. (c) Substitution of Lands.--If one or more of the precise offered land parcels identified above is unable to be conveyed to the United States due to appraisal or other problems, Lake Gulch and the Secretary may mutually agree to substitute therefor alternative offered lands acceptable to the Secretary. (d) Conveyance by the United States.--(1) Upon receipt of title to the lands identified in subsection (a) the Secretary shall simultaneously convey to Lake Gulch all right, title, and interest of the United States, subject to valid existing rights, in and to the following selected lands: (A) Certain surveyed lands located in Gilpin County, Colorado, Township 3 South, Range 72 West, Sixth Principal Meridian, Section 18, Lots 118-220, which comprise approximately 195 acres and are intended to include all federally owned lands in section 18, as generally depicted on a map entitled ``Lake Gulch Selected Lands'', dated July 1994. (B) Certain surveyed lands located in Gilpin County, Colorado, Township 3 South, Range 72 West, Sixth Principal Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54, which comprise approximately 96 acres, as generally depicted on a map entitled ``Lake Gulch Selected Lands'', dated July 1994. (C) Certain unsurveyed lands located in Gilpin County, Colorado, Township 3 South, Range 73 West, Sixth Principal Meridian, Section 13, which comprise approximately 10 acres, and are generally depicted as parcels 307-326 on a map entitled ``Lake Gulch Selected Lands'', dated July 1994: Provided, however, That a parcel or parcels of land in section 13 shall not be transferred to Lake Gulch if at the time of the proposed transfer the parcel or parcels are under formal application for transfer to a qualified unit of local government. Due to the small and unsurveyed nature of such parcels proposed for transfer to Lake Gulch in section 13, and the high cost of surveying such small parcels, the Secretary is authorized to transfer such section 13 lands to Lake Gulch without survey based on such legal or other description as he determines appropriate to carry out the basic intent of the map cited in this subparagraph. (2) If the Secretary and Lake Gulch mutually agree, and the Secretary determines it is in the public interest, the Secretary may utilize the authority and direction of this Act to transfer to Lake Gulch lands in sections 17 and 13 that are in addition to those precise selected lands shown on the maps cited in paragraphs (d)(1)(B) and (d)(1)(C), and which are not under formal application for transfer to a qualified unit of local government, upon transfer to the Secretary of additional offered lands acceptable to the Secretary or upon payment to the Secretary by Lake Gulch of cash equalization money amounting to the full appraised fair market value of any such additional lands. If any such additional lands are located in section 13 they may be transferred to Lake Gulch without survey based on such legal or other description as the Secretary determines appropriate as long as the Secretary determines that the boundaries of any adjacent lands now owned by Lake Gulch can be properly identified so as to avoid possible future boundary conflicts or disputes. If the Secretary determines surveys are necessary to convey any such additional lands to Lake Gulch, the costs of such surveys shall be paid by Lake Gulch but shall not be eligible for any adjustment in the value of such additional lands pursuant to section 206(f)(2) of the Federal Land Policy and Management Act of 1976 (as amended by the Federal Land Exchange Facilitation Act of 1988) (43 U.S.C. 1716(f)(2)). (3) Prior to transferring out of public ownership pursuant to this Act or other authority of law any lands which are contiguous to North Clear Creek southeast of the City of Black Hawk, Colorado, in the County of Gilpin, Colorado, the Secretary shall notify and consult with the governments of the County and the City and afford such units of local government an opportunity to acquire or reserve pursuant to the Federal Land Policy and Management Act of 1976 or other applicable law such easements or rights-of-way parallel to North Clear Creek as may be necessary to serve public utility line or recreation path needs: Provided, however, That any survey or other costs associated with the acquisition or reservation of such easements or rights-of-way shall be paid for by the unit or units of local government concerned. SEC. 3. TERMS AND CONDITIONS OF EXCHANGE. (a) Equalization of Values.--The values of the lands to be exchanged pursuant to this Act shall be equal as determined by the Secretary of the Interior utilizing nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Standards for Federal Land Acquisition, the Uniform Standards of Professional Appraisal Practice, the provisions of section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable law. In the event it is determined that cash equalization moneys are owed to the United States in the exchange, any such cash equalization moneys shall be retained by the Secretary of the Interior and may be utilized by the Secretary until fully expended to purchase from willing sellers land or water rights, or a combination thereof, to augment wildlife habitat and protect and restore wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa County, Colorado. Any water rights acquired by the United States pursuant to this section shall be obtained by the Secretary of the Interior in accordance with all applicable provisions of Colorado law, including the requirement to change the time, place, and type of use of said water rights through the appropriate State legal proceedings and to comply with any terms, conditions, or other provisions contained in an applicable decree of the Colorado Water Court. The use of any water rights acquired pursuant to this section shall be limited to water than can be used or exchanged for water that can be used on the Blanca Wetlands. Any requirement or proposal to utilize facilities of the San Luis Valley Project, Closed Basin Diversion, in order to effectuate the use of any such water rights shall be subject to prior approval of the Rio Grande Water Conservation District. (b) Restrictions on Selected Lands.--(1) Conveyance of the selected lands to Lake Gulch pursuant to this Act shall be contingent upon Lake Gulch executing an agreement with the United States prior to such conveyance, the terms of which are acceptable to the Secretary of the Interior, and which-- (A) grants the United States a covenant that none of the selected lands (all of which currently lie outside the State of Colorado's current legally approved gaming area) shall ever be used for purposes of gaming should the current legal gaming area ever be expanded by the State of Colorado; and (B) permanently holds the United States harmless for liability and indemnify the United States against all costs arising from any activities, operations (including the storing, handling, and dumping of hazardous materials or substances) or other acts conducted by Lake Gulch or its employees, agents, successors or assigns on the selected lands after their transfer to Lake Gulch: Provided, however, That nothing in this Act shall be construed as either diminishing or increasing any responsibility or liability of the United States based on the condition of the selected lands prior to or on the date of their transfer to Lake Gulch. (2) Conveyance of the selected lands to Lake Gulch pursuant to this Act shall be subject to the existing easement for Gilpin County Road 6. (3) The above terms and restrictions of this subsection shall not be considered in determining, or result in any diminution in, the fair market value of the selected land for purposes of the appraisals of the selected land required pursuant to section 3 of this Act. (c) Revocation of Withdrawal.--The Public Water Reserve established by Executive order dated April 17, 1926 (Public Water Reserve 107), Serial Number Colorado 17321, is hereby revoked insofar as it affects the NW \1/4\ SW \1/4\ of Section 17, Township 3 South, Range 72 West, Sixth Principal Meridian, which covers a portion of the selected lands identified in this Act. (d) Management of Certain Lands.--Upon their acquisition by the United States, the lands referred to in section 2(b)(2) of this Act shall be managed by the Secretary of the Interior in accordance with the laws, rules, and regulations generally applicable to the public lands, and, as appropriate, in accordance with cooperative agreements such as the existing Arkansas Headwaters Recreation Area Memorandum of Understanding, with special emphasis on public fishing and recreational access to the Arkansas River, and riparian and wetland habitat protection. The acquisition of such lands by the Secretary shall not be construed to impose any responsibility or liability on the Secretary with respect to hazardous substances which may exist on the lands as of the date of their acquisition by the United States. Without precluding any future determination by the Secretary or appropriate Federal or State authorities that cleanup of any hazardous substances which may be found to exist on the property would be appropriate, nothing in this Act shall be construed to require the Secretary to undertake any hazardous substances cleanup activities or studies. SEC. 4. MISCELLANEOUS PROVISIONS. (a) Definitions.--As used in this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Lake Gulch'' means Lake Gulch, Inc., a Colorado corporation, or its successors, heirs or assigns. (3) The term ``offered land'' means lands to be conveyed to the United States pursuant to this Act. (4) The term ``selected land'' means lands to be transferred to Lake Gulch pursuant to this Act. (5) The term ``Blanca Wetlands'' means an area of land comprising approximately 9,290 acres, as generally depicted on a map entitled ``Blanca Wetlands'', dated August 1994, and any nearby land which the Secretary may purchase from willing sellers after the date of enactment of this Act utilizing funds provided by this Act or other funds and manage in conjunction with and for the same general purposes as the land depicted on that map. (b) Time Requirement for Completing Transfer.--It is the intent of Congress that unless the Secretary and Lake Gulch mutually agree otherwise the exchange of lands authorized and directed by this Act shall be completed not later than 6 months after the date of enactment of this Act. (c) Administration of Lands Acquired by United States.--In accordance with the provisions of section 206(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands acquired by the United States pursuant to this Act shall upon acceptance of title by the United States and without further action by the Secretary concerned become part of and be managed as part of the administrative unit or area within which they are located.

Requires Lake Gulch, Inc., to convey, on an equal value basis, specified lands located in Larimer, Lake, and Conejos Counties, Colorado, to the Secretary of the Interior in exchange for certain Lake Gulch Selected Lands located in Gilpin County, Colorado. Provides that, if cash equalization monies are owed to the United States in the exchange, such monies shall be retained by the Secretary and may be utilized until fully expended to purchase from willing sellers land or water rights to augment wildlife habitat and to protect and restore wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa County, Colorado. Conditions the conveyance of such selected lands on Lake Gulch executing an agreement which: (1) grants the United States a covenant that none of such lands (all of which currently lie outside of Colorado's current legally approved gaming area) shall ever be used for gaming purposes should such gaming area ever be expanded by the State; and (2) permanently holds the United States harmless for liability and indemnifies it against all costs arising from any activities, operations (including the storing, handling, and dumping of hazardous materials or substances) or other acts conducted by Lake Gulch on the selected lands after such transfer. Declares that nothing in this Act shall be construed as either diminishing or increasing any U.S. responsibility or liability based on the condition of the selected lands before or on the date of their transfer. Subjects the conveyance to the existing easement for Gilpin County Road 6. Revokes a specified Public Water Reserve established by Executive Order dated April 17, 1926, insofar as it affects certain land which covers a portion of the selected lands.

A bill entitled "Gilpin County, Colorado--B.L.M. Land Transfer Act of 1994".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The wars in Iraq and Afghanistan have resulted in a generation of veterans with traumatic brain injuries. (2) Since 2001, more than 265,000 members of the Armed Forces have suffered traumatic brain injuries. (3) Since 2001, more than 26,000 members of the Armed Forces have suffered moderate or severe head wounds. (4) Advances in medicine have kept members of the Armed Forces alive who have suffered head wounds that might have killed them in previous conflicts. (5) The pilot program of the Department of Veterans Affairs to assess the effectiveness of providing assisted living services to eligible veterans to enhance the rehabilitation, quality of life, and community integration of such veterans required by section 1705(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38 U.S.C. 1710C note) has provided to veterans who have moderate to severe traumatic brain injuries, often coupled with other significant physical and psychological challenges, a level of comprehensive, coordinated care in residential facilities across the United States since 2008. (6) The model of care practiced under the pilot program specified in paragraph (5) has yielded impressive results and helped rehabilitate dozens of veterans from severe injuries that are notoriously difficult to treat. (7) The Department of Veterans Affairs does not offer to veterans any alternatives to the pilot program specified in paragraph (5) that replicate-- (A) the comprehensiveness of the rehabilitative care provided under such program; (B) the benefit of providing care under such program in a residential setting; and (C) the significant positive impact on veterans of the sustained, longer-term care provided under such program. SEC. 3. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY. (a) Extension of Program.--Subsection (a) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38 U.S.C. 1710C note) is amended by striking ``a five-year'' and inserting ``an eight-year''. (b) Modification of Locations.--Subsection (b) of such section is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking paragraph (1) and inserting the following new paragraphs: ``(1) In general.--The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. ``(2) Located in same region as polytrauma centers.--Of the locations selected under paragraph (1), at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs.''. (c) Modification of Report Requirements.--Subsection (e) of such section is amended to read as follows: ``(e) Reports.-- ``(1) Annual report.-- ``(A) In general.--Not later than two years after the date of the enactment of the Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act, and not later than September 30 each year thereafter until 2018, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. ``(B) Elements.--Each report submitted under subparagraph (A) shall include the following: ``(i) The number of individuals that participated in the pilot program during the year preceding the submission of the report. ``(ii) The number of individuals that successfully completed the pilot program during the year preceding the submission of the report. ``(iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. ``(iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. ``(2) Final report.-- ``(A) In general.--Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a final report on the pilot program. ``(B) Elements.--The final report required by subparagraph (A) shall include the following: ``(i) A description of the pilot program. ``(ii) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury, including complex mild traumatic brain injury. ``(iii) Such recommendations as the Secretary considers appropriate regarding improving the pilot program.''. (d) Modification of Definitions.-- (1) Community-based brain injury residential rehabilitative care services.--Such section is further amended-- (A) in the section heading, by striking ``assisted living'' and inserting ``community-based brain injury residential rehabilitative care''; (B) in subsection (c), in the subsection heading, by striking ``Assisted Living'' and inserting ``Community-Based Brain Injury Residential Rehabilitative Care''; (C) by striking ``assisted living'' each place it appears, and inserting ``community-based brain injury rehabilitative care''; and (D) in subsection (f)(1), by striking ``and personal care'' and inserting ``rehabilitation, and personal care''. (2) Eligible veteran.--Subsection (f)(3) of such section is amended-- (A) in subparagraph (C), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) has a traumatic brain injury that is classified as complex-mild to severe.''. (e) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $46,000,000 to carry out the pilot program under section 1705 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38 U.S.C. 1710C note), as amended by this section. The amount so authorized to be appropriated shall be available for obligation for the three-year period beginning on the date that is one year after the date of the enactment of this Act. (f) Effective Date.--The amendments made by this section shall take effect on October 1, 2014.

Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act - Amends the National Defense Authorization Act for Fiscal Year 2008 to extend the pilot program to assess the effectiveness of providing assistance to eligible veterans with traumatic brain injury to enhance their rehabilitation, quality of life, and community integration. Requires that at least one location of the program be in each health care region of the Veterans Health Administration that contains a polytrauma center of the Department of Veterans Affairs (VA). (Under current law, selected locations also must include any location other than one described above in an area that contains a high concentration of veterans with traumatic brain injuries.) Expands requirements for reports on the pilot program. Replaces references to "assisted living" with the term "community-based brain injury residential rehabilitative care," including rehabilitation services within the meaning of such care. Requires a veteran, in order to be eligible for such services, to have a traumatic brain injury that is classified as complex-mild to severe.

Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act

SECTION 1. GOLDEN GATE NATIONAL RECREATION AREA AND SAN FRANCISCO MARITIME NATIONAL HISTORICAL PARK TECHNICAL CORRECTIONS. (a) Golden Gate National Recreation Area.--Section 4(f) of the Act titled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'' (Public Law 92- 589; 16 U.S.C. 460bb-3(f)) is amended to read as follows: ``(f) The Secretary may enter into a concession contract pursuant to title IV of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5951 et seq.) or a lease pursuant to section 802 of that Act (16 U.S.C. 1a-2) for the parcels of property known as Cliff House Properties and Louis' Restaurant. Notwithstanding any other provision of law, any proceeds from the use of such property shall be available until expended, without further appropriation, for the administration, maintenance, repair, and related expenses of those properties and for major renovation and park rehabilitation of those buildings included in the Fort Mason Foundation Agreement.''. (b) San Francisco Maritime National Historical Park.-- (1) Leasing.--Section 3(c) of the San Francisco Maritime National Historical Park Act of 1988 (Public Law 100-348; 16 U.S.C. 410nn-1(c)) is amended-- (A) in the first sentence, by striking ``any real or personal property, including'' and inserting ``any real or personal property, including the Haslett Warehouse and''; and (B) by striking the second sentence and inserting ``Notwithstanding any other provision of law, any proceeds from the lease of such property shall be available until expended, without further appropriation, for the administration, maintenance, repair, and related expenses of the leased property and the vessels, equipment, piers, and other assets within the park.''. (2) Fees.--Section 3(d) of the San Francisco Maritime National Historical Park Act of 1988 (Public Law 100-348; 16 U.S.C. 410nn-1(d)) is amended by striking the second sentence ``credited in accordance with'' and all that follows through the period and inserting ``available until expended, without further appropriation, for purposes at the park for which fee revenue is permitted to be used under section 808(a)(3) of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 16 U.S.C. 6807).''. (c) Conforming Amendments.-- (1) Map; boundary.--Section 2(b) of the San Francisco Maritime Historical Park Act of 1988 (Public Law 100-348; 16 U.S.C. 410nn(b)) is amended-- (A) by striking ``numbered 641/80,053 and dated April 7, 1987'' and inserting ``numbered 350/80,012 and dated June 2004''; and (B) by striking the third and fourth sentences and inserting the following: ``The Secretary of the Interior (hereafter in this Act referred to as the `Secretary') may make minor revisions of the boundary of the park in accordance with section 7(c) of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l- 9(c)).''. (2) Fees or admission charges.--Section 4(e) of the Act titled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'' (Public Law 92-589; 16 U.S.C. 460bb-3(e)) is amended by striking ``and for admission to the sailing vessel Balclutha and other historical vessels of the National Maritime Museum''. SEC. 2. GOLDEN GATE NATIONAL PARKS. (a) Name Change.-- (1) In general.--The Golden Gate National Recreation Area is hereby renamed the ``Golden Gate National Parks''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Golden Gate National Recreation Area is deemed to be a reference to the Golden Gate National Parks. (3) Conforming amendments.--The Act titled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'' (Public Law 92-589, approved October 27, 1972) is amended-- (A) in sections 1 and 2 by striking ``National Recreation Area'' each place it appears and inserting ``National Parks''; and (B) by striking ``recreation area'' each place it appears and inserting ``national parks''. (b) Change of Unit From Recreation Area to National Park.-- (1) In general.--The Golden Gate National Parks, as so renamed by subsection (a), is hereby designated as a national park and shall be administered as such by the Secretary of the Interior. (2) Clarification.--This section designates the recreation area known as Golden Gate National Recreation Area as a national park and renames that unit Golden Gate National Parks. Nothing in this section shall be construed as creating a new ``national parks'' category of designation with the National Park System. SEC. 3. PRESIDIO TRUST TECHNICAL CORRECTIONS. (a) Public Information and Interpretation.--Section 102(b) of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended to read as follows: ``(b) Public Information and Interpretation.--The Secretary and the Presidio Trust shall provide public interpretive services, visitor orientation and educational programs within the Presidio.''. (b) Transfer; Board of Directors.--Section 103 of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended as follows: (1) In subsection (b)(1), by striking ``The Secretary shall retain jurisdiction over those portions of the building identified as number 102 as the Secretary deems essential for use as a visitor center. The building shall be named the `William Penn Mott Visitor Center''' and inserting ``The Trust shall designate a prominently placed building to be the site of a visitor center to be operated jointly by the Trust and the National Park Service. In selecting the site for the visitor center, the Trust shall obtain the concurrence of the Superintendent of the Golden Gate National Recreation Area. The visitor center shall be named the `William Penn Mott Visitor Center' and may be relocated by mutual consent of the Trust and the Superintendent of the Golden Gate National Recreation Area.''. (2) In subsection (c)(1)(B), by inserting ``education, program development,'' after ``real estate development,''. (c) Duties and Authorities of the Trust.--Section 104 of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended as follows: (1) In subsection (i)-- (A) by striking ``conduct'' and inserting ``provision''; and (B) by adding at the end the following: ``Notwithstanding section 105(b), there are authorized to be appropriated such sums as may be necessary to carry out this paragraph.''. (2) In subsection (n)-- (A) by striking ``general objectives of the General Management Plan for the Presidio'' and inserting ``Presidio Trust Management Plan''; and (B) by inserting ``, and tenants that provide high quality public programming'' before the final period. (3) By striking subsection (o). (d) Limitations on Funding.--Section 105(a)(2) of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended by striking the following: ``Of such sums, funds shall be available through the Trust for law enforcement activities and services to be provided by the United States Park Police at the Presidio in accordance with section 104(i) of this title.''. (e) Government Accountability Office Study.--Division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended-- (1) in section 106-- (A) by striking subsection (b); (B) by striking ``General Accounting'' each place it appears and inserting ``Government Accountability''; and (C) in subsection (c)-- (i) by striking ``Seven'' and inserting ``Twelve''; (ii) by striking ``comprehensive study'' and inserting ``study''; (iii) by striking ``the implementation of plan and schedule required in subsection (b)''; and (iv) by striking ``on Resources'' and inserting ``on Natural Resources''; and (2) in the table of contents, in the item for section 106, by striking ``General Accounting'' and inserting ``Government Accountability''. (f) Fort Scott Advisory Task Force.--Title I of division I of the Omnibus Parks and Public Lands Management Act of 1996 is amended by adding at the end the following: ``SEC. 108. FORT SCOTT ADVISORY TASK FORCE. ``(a) Establishment.--There is hereby established the Fort Scott, Presidio of San Francisco Advisory Task Force (referred to in this section as the `Task Force'). ``(b) Membership; Appointment.--The Task Force shall be composed of up to 12 members nominated by Chairman of the Board and appointed by a majority vote of the Board of Directors of the Presidio Trust. ``(c) Vacancy.--A vacancy on the Task Force shall be filled in the same manner in which the original appointment was made. ``(d) Purpose; Consultation With Presidio Trust Board of Directors.--The Task Force shall provide expertise and advice to the Board of Directors regarding the preservation and reuse of Fort Scott. The Task Force shall meet with the Presidio Trust Board of Directors not less than 3 times during its term to provide such expertise and advice on matters related to the reuse of Fort Scott as a center for education, research, policy development, and related activities, taking into account the Presidio Trust's statutory mandates. ``(e) Compensation and Expenses.--Members of the Task Force shall serve without compensation, but may be reimbursed for actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Task Force. ``(f) Voting.--The Task Force shall act and advise by affirmative vote of a majority of the members thereof. ``(g) Termination Date.--The Task Force shall cease to exist 24 months after the date of its first meeting.''.

Makes technical and conforming amendments to public lands provisions relating to the Golden Gate National Recreation Area and the San Francisco Maritime National Historical Park. Renames the Golden Gate National Recreation Area as the Golden Gate National Parks. Designates the Golden Gate National Parks as a national park to be administered by the Secretary of the Interior. Amends the Omnibus Parks and Public Lands Management Act of 1996 to make technical amendments to provisions concerning the Presidio of San Francisco and to eliminate the requirement for reversion of lands held by the Presidio Trust to the General Services Administration (GSA). Establishes the Fort Scott, Presidio of San Francisco Advisory Task Force to advise the Presidio Board of Directors on the preservation and reuse of Fort Scott.

To clarify the authorities for the use of certain National Park Service properties within Golden Gate National Parks and San Francisco Maritime National Historic Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Human Rights Reauthorization Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The North Korean Human Rights Act of 2004 (Public Law 108- 333; 22 U.S.C. 7801 et seq.) (in this section referred to as ``the Act'') was the product of broad, bipartisan consensus in Congress regarding the promotion of human rights, transparency in the delivery of humanitarian assistance, and refugee protection. (2) In addition to the longstanding commitment of the United States to refugee and human rights advocacy, the United States is home to the largest Korean population outside of northeast Asia, and many in the two-million strong Korean-American community have family ties to North Korea. (3) Human rights and humanitarian conditions inside North Korea are deplorable, North Korean refugees remain acutely vulnerable, and the findings in section 3 of the Act remain accurate today. (4) The Government of China is conducting an increasingly aggressive campaign to locate and forcibly return border-crossers to North Korea, where they routinely face torture and imprisonment, and sometimes execution. According to recent reports, the Chinese Government is shutting down Christian churches and imprisoning people who help North Korean defectors and has increased the bounty paid for turning in North Korean refugees. (5) In an attempt to deter escape attempts, the Government of North Korea has reportedly stepped up its public execution of border-crossers and those who help others cross into China. (6) In spite of the requirement of the Act that the Special Envoy on Human Rights in North Korea (the ``Special Envoy'') report to the Congress no later than April 16, 2005, a Special Envoy was not appointed until August 19, 2005, more than four months after the reporting deadline. (7) The Special Envoy appointed by the President has filled that position on a part-time basis only. (8) Since the passage of the North Korean Human Rights Act, Congress has on several occasions expressed interest in the status of North Korean refugees, and on February 21, 2006, a bipartisan group of senior Members of the House and Senate wrote Secretary of State Condoleezza Rice ``to express [their] deep concern for the lack of progress in funding and implementing the key provisions of the North Korean Human Rights Act'', particularly the lack of North Korean refugee admissions to the United States. (9) Although the United States refugee resettlement program remains the largest in the world by far, the United States has resettled only 37 North Koreans in the period from 2004 through 2007. (10) From the end of 2004 through 2007, the Republic of Korea resettled 5,961 North Koreans. (11) Extensive delays in assessment and processing have led numerous North Korean refugees to abandon their quest for United States resettlement, and long waits (of more than a year in some cases) have been the source of considerable discouragement and frustration among refugees, many of whom are awaiting United States resettlement in circumstances that are unsafe and insecure. (12) From 2000 through 2006, the United States granted asylum to 15 North Koreans, as compared to 60 North Korean asylum grantees in the United Kingdom, and 135 in Germany during that same period. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to make it a priority to seek broader permission and greater cooperation from foreign governments to allow the United States to process North Korean refugees overseas for resettlement in the United States, through persistent diplomacy by senior officials of the United States, including United States ambassadors to Asia-Pacific nations; (2) at the same time that careful screening of intending refugees is important, the United States also should make every effort to ensure that its screening, processing, and resettlement of North Korean refugees are as efficient and expeditious as possible; (3) the Special Envoy for North Korean Human Rights Issues should be a full-time position within the Department of State in order to properly promote and coordinate North Korean human rights and humanitarian issues, and to participate in policy planning and implementation with respect to refugee issues, as intended by the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et seq.); (4) in an effort to more efficiently and actively participate in humanitarian burden-sharing, the United States should approach our ally, the Republic of Korea, to revisit and explore new opportunities for coordinating efforts to screen and resettle North Koreans who have expressed a wish to pursue resettlement in the United States and have not yet availed themselves of any right to citizenship they may enjoy under the Constitution of the Republic of Korea; and (5) because there are genuine refugees among North Koreans fleeing into China who face severe punishments upon their forcible return, the United States should urge the Government of China to-- (A) immediately halt its forcible repatriation of North Koreans; (B) fulfill its obligations pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and the 1995 Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China; and (C) allow the United Nations High Commissioner for Refugees (UNHCR) unimpeded access to North Koreans inside China to determine whether they are refugees and whether they require assistance. SEC. 4. DEFINITIONS. Section 5(1)(A) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7803(1)(A)) is amended by striking ``International Relations'' and inserting ``Foreign Affairs''. SEC. 5. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS. Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended by inserting after ``2008'' the following: ``and $2,000,000 for each of fiscal years 2009 through 2012''. SEC. 6. RADIO BROADCASTING TO NORTH KOREA. Not later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors (BBG) shall submit to the appropriate congressional committees, as defined in section 5(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report that describes the status and content of current United States broadcasting to North Korea and the extent to which the BBG has achieved the goal of 12-hour-per-day broadcasting to North Korea pursuant to section 103 of such Act (22 U.S.C. 7813). SEC. 7. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) in subsection (b)(1), by striking ``2008'' and inserting ``2012''; and (2) in subsection (c), by striking ``in each of the 3 years thereafter'' and inserting ``annually through 2012''. SEC. 8. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES. Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817) is amended-- (1) in the section heading, by striking ``human rights in north korea'' and inserting ``north korean human rights issues''; (2) in subsection (a)-- (A) in the first sentence-- (i) by striking ``human rights in North Korea'' and inserting ``North Korean human rights issues''; and (ii) by inserting before the period at the end the following: ``, by and with the advice and consent of the Senate''; (B) in the second sentence, by inserting before the period at the end the following: ``who shall have the rank of ambassador and shall hold the office at the pleasure of the President''; (3) in subsection (b), by inserting before the period at the end the following: ``, including, in coordination with the Bureau of Population, Refugees, and Migration, the protection of those people who have fled as refugees''; (4) in subsection (c)-- (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (B) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) participate in the formulation and the implementation of activities carried out pursuant to this Act;''; and (C) in paragraph (5), as so redesignated, by striking ``section 102'' and inserting ``sections 102 and 104''; and (5) in subsection (d), by striking ``for the subsequent 5 year- period'' and inserting ``thereafter through 2012''. SEC. 9. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. Section 201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by striking ``in each of the 2 years thereafter'' and inserting ``annually thereafter through 2012''. SEC. 10. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA. Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended by striking ``2008'' and inserting ``2012''. SEC. 11. ANNUAL REPORTS. Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended-- (1) in the subsection heading, by inserting ``and Refugee'' before ``Information''; (2) in the matter preceding paragraph (1)-- (A) by striking ``for each of the following 5 years'' and inserting ``through 2012''; and (B) by striking ``which shall include--'' and inserting ``which shall include the following:''; (3) in paragraph (1)-- (A) by striking ``the number of aliens'' and inserting ``The number of aliens''; and (B) by striking ``; and'' at the end and inserting a period; (4) in paragraph (2), by striking ``the number of aliens'' and inserting ``The number of aliens''; and (5) by adding at the end the following new paragraph: ``(3) A detailed description of the measures undertaken by the Secretary of State to carry out section 303, including country- specific information with respect to United States efforts to secure the cooperation and permission of the governments of countries in East and Southeast Asia to facilitate United States processing of North Koreans seeking protection as refugees. The information required under this paragraph shall be provided in unclassified form, with a classified annex, if necessary.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

North Korean Human Rights Reauthorization Act of 2008 - Expresses the sense of Congress with respect to the resettlement of North Korean refugees. Amends the North Korean Human Rights Act of 2004 to authorize appropriations through FY2012 for: (1) activities to support human rights and democracy and freedom of information (by increasing the availability of non-government controlled sources) in North Korea; and (2) assistance to North Koreans who are outside North Korea. Directs the Broadcasting Board of Governors to report respecting U.S. broadcasting to North Korea and the extent to which the Board has achieved the goal of 12-hour-per-day broadcasting to North Korea. States that the Special Envoy on North Korean human rights issues (as renamed by this Act) in North Korea shall have the rank of ambassador. Extends the Special Envoy's annual congressional reporting requirement through FY2012. Extends the United States Agency for International Development's (USAID) congressional reporting requirement respecting U.S. humanitarian assistance to North Koreans and efforts to improve transparency and monitoring in the provision of such assistance inside North Korea through 2012. Sets forth specified reporting provisions.

To amend the North Korean Human Rights Act of 2004 to promote respect for the fundamental human rights of the people of North Korea, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Transparency and Ethics Enhancement Act of 2017''. SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH. (a) Establishment and Duties.--Part III of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH ``Sec. ``1021. Establishment. ``1022. Appointment, term, and removal of Inspector General. ``1023. Duties. ``1024. Powers. ``1025. Reports. ``1026. Whistleblower protection. ``Sec. 1021. Establishment ``There is established for the judicial branch of the Government the Office of Inspector General for the Judicial Branch (in this chapter referred to as the `Office'). ``Sec. 1022. Appointment, term, and removal of Inspector General ``(a) Appointment.--The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. ``(b) Term.--The Inspector General shall serve for a term of 4 years and may be reappointed by the Chief Justice of the United States for any number of additional terms. ``(c) Removal.--The Inspector General may be removed from office by the Chief Justice of the United States. The Chief Justice shall communicate the reasons for any such removal to both Houses of Congress. ``Sec. 1023. Duties ``With respect to the judicial branch, the Office shall-- ``(1) conduct investigations of alleged misconduct in the judicial branch (other than the United States Supreme Court) under chapter 16 that may require oversight or other action within the judicial branch or by Congress; ``(2) conduct investigations of alleged misconduct in the United States Supreme Court that may require oversight or other action within the judicial branch or by Congress; ``(3) conduct and supervise audits and investigations; ``(4) prevent and detect waste, fraud, and abuse; and ``(5) recommend changes in laws or regulations governing the judicial branch. ``Sec. 1024. Powers ``(a) Powers.--In carrying out the duties of the Office, the Inspector General shall have the power to-- ``(1) make investigations and reports; ``(2) obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; ``(3) require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence, memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; ``(4) administer to or take from any person an oath, affirmation, or affidavit; ``(5) employ such officers and employees, subject to the provisions of title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; ``(6) obtain services as authorized by section 3109 of title 5 at daily rates not to exceed the equivalent rate for a position at level IV of the Executive Schedule under section 5315 of such title; and ``(7) the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. ``(b) Chapter 16 Matters.--The Inspector General shall not commence an investigation under section 1023(1) until the denial of a petition for review by the judicial council of the circuit under section 352(c) of this title or upon referral or certification to the Judicial Conference of the United States of any matter under section 354(b) of this title. ``(c) Limitation.--The Inspector General shall not have the authority to-- ``(1) investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge, justice, or court; or ``(2) punish or discipline any judge, justice, or court. ``Sec. 1025. Reports ``(a) When To Be Made.--The Inspector General shall-- ``(1) make an annual report to the Chief Justice and to Congress relating to the activities of the Office; and ``(2) make prompt reports to the Chief Justice and to Congress on matters that may require action by the Chief Justice or Congress. ``(b) Sensitive Matter.--If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. ``(c) Duty To Inform Attorney General.--In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. ``Sec. 1026. Whistleblower protection ``(a) In General.--No officer, employee, agent, contractor, or subcontractor in the judicial branch may discharge, demote, threaten, suspend, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge, justice, or any other employee in the judicial branch, which may assist the Inspector General in the performance of duties under this chapter. ``(b) Civil Action.--An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.''. (b) Technical and Conforming Amendment.--The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following: ``60. Inspector General for the judicial branch............ 1021''.

Judicial Transparency and Ethics Enhancement Act of 2017 This bill amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch to investigate alleged misconduct in the judicial branch, including the Supreme Court; to conduct and supervise audits and investigations; and to prevent and detect waste, fraud, and abuse.

Judicial Transparency and Ethics Enhancement Act of 2017

SECTION 1. AMENDMENTS TO REQUIRE NEW PENALTIES AND ADMINISTRATOR VERIFICATION OF ELIGIBILITY FOR SUBSIDY PROGRAMS. (a) Addition of Repayment Penalty.--Section 1001B of the Food Security Act of 1985 (7 U.S.C. 1308-2) is amended-- (1) in subsection (b), by striking ``the Secretary may for a period not to exceed 5 crop years deny the issuance of payments to the person or legal entity.'' and inserting ``the Secretary shall for a period not less than 5 years, or permanently, deny the issuance of payments to the person or legal entity.''; (2) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (3) after subsection (b), by inserting the following new subsection: ``(c) Repayment.--If a person or legal entity is determined under subsection (d) of section 1001D to be ineligible for benefits or payments, the person or legal entity shall reimburse the Secretary for the full amount of any benefit or payment described in subsection (b) of such section that the person or legal entity has already received while the person or entity was ineligible.''. (b) Addition of Income Verification and Enforcement Procedures.-- Section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) is amended by striking subsection (d) and inserting the following new subsection: ``(d) Income Verification and Enforcement.-- ``(1) Submission to administrator.--Within 30 days after receiving an application from a person or legal entity for a benefit described in subsection (b), the Secretary shall request the Administrator of the Internal Revenue Service (referred to in this subsection as the `Administrator') to verify the average adjusted gross income, average adjusted gross farm income, and average adjusted gross nonfarm income of the person or legal entity. The request for verification shall include the following: ``(A) The name of the person or legal entity. ``(B) The social security number or employer identification number of the person or legal entity. ``(C) Any other information that the Secretary determines to be relevant in assisting the Administrator in verifying the average adjusted gross income, average adjusted gross farm income, and average adjusted gross nonfarm income of the person or legal entity. ``(2) Administrator determination and denial of benefits.-- ``(A) Administrator determination.--Not later than 30 days after the receipt of a verification request under paragraph (1) or a request of redetermination under paragraph (3), the Administrator shall-- ``(i) determine whether the average adjusted gross income, average adjusted gross farm income, and average adjusted gross nonfarm income of the person or legal entity is within the applicable limitations established under subsection (b); and ``(ii) notify the Secretary of the results of such determination. ``(B) Denial of benefits.--Subject to paragraph (3), if the Administrator determines under subparagraph (A) that a person or legal entity does not comply with the applicable limitations set forth in subsection (b), the Secretary shall deny the issuance of applicable payments and benefits specified in subsection (b) to the person or legal entity, under similar terms and conditions as described in section 1001B. ``(3) Farm service agency reconsideration for ineligible applicants.-- ``(A) Submission of evidence to farm service agency.--A person or legal entity subject to denial of benefits under paragraph (2) may request a reconsideration of the denial by the Farm Service Agency office serving the location in which the person or legal entity resides or operates. The person or legal entity shall submit evidence, accompanied with a certification by a certified public accountant, to support the claim that the person or legal entity satisfies the income eligibility requirements under subsection (b). ``(B) Submission of evidence to administrator.--If the Farm Service Agency determines that the claim of the person or legal entity is supported by the evidence submitted under subparagraph (A), the Secretary shall submit the evidence to the Administrator for a second determination under paragraph (2)(A). ``(C) Time requirement.--The Farm Service Agency shall make the determination in subparagraph (B) within 30 days after the date on which the person or legal entity submits the evidence under subparagraph (A). ``(4) Limitation on redetermination.--A person or legal entity may not apply for more than one redetermination, as described under paragraph (3), a calendar year.''.

Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to deny certain agricultural commodity payments for not less than five years, or permanently, to a person or legal entity that has knowingly engaged in, or aided in the creation of a fraudulent document, or failed to disclose material information relevant to the administration of such benefits. (Current law authorizes payment denial for up to five crop years.) Requires that a person or legal entity that received benefits while ineligible due to excess income repay such amounts fully. Directs the Secretary to request the Internal Revenue Service (IRS) to verify the income-related eligibility of a benefit applicant, and deny benefits to a person or entity determined to be ineligible. Authorizes Farm Service Agency reconsideration of a denial.

To amend the Food Security Act of 1985 to require the Administrator of the Internal Revenue Service to verify income for purposes of determining the eligibility of persons for certain Department of Agriculture payments and benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Now Act of 2017''. SEC. 2. GRANTS TO UNITS OF GENERAL LOCAL GOVERNMENT. Subtitle D of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221 et seq.) is amended by adding after section 172 the following: ``SEC. 173. PILOT PROGRAM. ``(a) Program Authorized.--Notwithstanding section 181(e), from the amounts appropriated under subsection (h), the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government. ``(b) Unit of General Local Government Defined.--For purposes of this section, the term `unit of general local government' means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers. ``(c) Uses of Funds.-- ``(1) Required uses.-- ``(A) In general.--Subject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to-- ``(i) in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and ``(ii) in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts. ``(B) Exception.--In a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose. ``(2) Authorized uses.--After using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to-- ``(A) in the case of a unit of general local government-- ``(i) employ individuals in new positions providing a public service for the unit; or ``(ii) train individuals for new public service positions for the unit; and ``(B) in the case of a community-based organization-- ``(i) employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or ``(ii) train individuals for any such positions. ``(d) Priority for Certain Individuals.--The Secretary shall encourage each unit of general local government and each community- based organization receiving a grant under this section to use such grant funds to retain, employ, or train-- ``(1) veterans; ``(2) individuals with disabilities; ``(3) individuals who are receiving unemployment benefits; or ``(4) dislocated workers. ``(e) Priority for Certain Units and Organizations.-- ``(1) Units.--In awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. ``(2) Organizations.--In awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. ``(f) Application.--Each unit of general local government or community-based organization desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(g) Report.--Not later than 2 years after the first appropriation of funds under subsection (h), the Secretary shall submit to Congress, a report on-- ``(1) the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and ``(2) best practices in carrying out a grant program to hire, train, or retain employees of units of general local government. ``(h) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2018 and 2019.''.

Jobs Now Act of 2017 This bill amends the Workforce Innovation and Opportunity Act to direct the Department of Labor to carry out a two-year pilot program to award competitive grants to general local government units or community-based organizations to retain, employ, or train employees who provide a local government unit with a public service. The bill prescribes required and authorized uses of grant fund and priorities for awarding and using grant funds, including: encouraging grantees to use funds to retain, employ, or train veterans, individuals with disabilities, individuals who receive unemployment benefits, or dislocated workers; and giving priority in awarding grants to local government units and their community-based organizations with high unemployment, foreclosure, and poverty rates.

Jobs Now Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Health Privacy Act''. SEC. 2. REPORTING REQUIREMENTS. (a) Notification in the Case of Breach.--Paragraph (2) of section 13402(i) of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17932(i)) is amended to read as follows: ``(2) Information.--The information described in this paragraph regarding breaches specified in paragraph (1) shall include-- ``(A) the number and nature of all such breaches, including a description of the types of unsecured protected health information that were involved in each breach; ``(B) the identity of the covered entity involved in each breach, or if the breach affected less than 500 individuals, the kind of covered entity involved (such as a health plan, health care clearinghouse, or a health care provider who transmits any health information in electronic form in connection with a transaction covered by this subtitle); and ``(C) actions taken in response to such breaches.''. (b) Report on Compliance.--Section 13424 of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17954) is amended-- (1) in subsection (a)(1)-- (A) by amending subparagraph (B) to read as follows: ``(B) information about such complaints resolved informally, including-- ``(i) the number of such complaints resolved informally; ``(ii) a summary of the types of complaints so resolved, including identification of the most common types complaints so resolved, categorized by the privacy and security rule allegedly violated; ``(iii) for each such category, the average amount of time between receipt of a complaint to resolution of such complaint; ``(iv) examples, with entity and patient names and other individually identifiable health information redacted, of complaints resolved informally and the Secretary's rationale for resolving such complaints informally; and ``(v) the number of covered entities that received technical assistance from the Secretary during such year in order to achieve compliance with such provisions and the types of such technical assistance provided.''; (B) in subparagraph (E), by inserting ``and a summary of the outcome of such subpoenas or inquiries'' after ``inquiries issued''; (C) in subparagraph (F), by striking ``following year; and'' and inserting ``following year and enforcement priorities for the succeeding year;''; (D) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: ``(H) the number of State attorney general actions that were pursued under this subtitle and notice of which was provided to the Secretary pursuant to section 1176(d)(4) of the Social Security Act; and ``(I) the number of health privacy or health security or data breach complaints referred to the Attorney General, including-- ``(i) whether the Attorney General declined enforcement; and ``(ii) the number of complaints referred to the Attorney General but returned to the Secretary for enforcement and a summary of enforcement actions taken by the Secretary with respect to such complaints, including informal resolutions, civil monetary penalties, resolution agreements or settlements, or voluntary compliance actions.''; and (2) by adding at the end the following: ``(g) Annual Studies.-- ``(1) In general.--For the first year beginning after the date of enactment of the Protect Our Health Privacy Act, and every year thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report concerning complaints of alleged violations described in section 1177 of the Social Security Act, including violations of the provisions of this subtitle relating to privacy and security of health information, that were referred to the Department of Justice by the Department of Health and Human Services, the Federal Bureau of Investigation, or another State or Federal agency during the year for which the report is being prepared. ``(2) Requirements.--Each report required under paragraph (1) shall-- ``(A) be made available to the public on the websites of the Department of Justice and the Department of Health and Human Services; and ``(B) include, with respect to complaints received during the year for which the report is being prepared-- ``(i) the total number of complaints received; ``(ii) the number of complaints received that were eligible for criminal enforcement; and ``(iii) of the complaints described in clause (ii), a summary of how each complaint was resolved that-- ``(I) includes the rationale for declining enforcement, if applicable; and ``(II) does not identify the patients, individuals, or entities involved.''. SEC. 3. ENCRYPTION FOR PORTABLE MEDIA. (a) Guidance Regarding Unsecured Protected Health Information.-- (1) In general.--Section 13402(h)(2) of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17932(h)(2)) is amended by inserting ``, including protected health information stored on portable media (as defined by the Secretary, which shall include thumb drives, laptop computers, tablet computers, and other similar devices),'' after ``protected health information''. (2) Applicable.--The amendment made by paragraph (1) shall apply to updated guidance issued under section 13402(h)(2) of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17932(h)(2)) after the date of enactment of this Act. (b) Portable Media Encryption Requirement.-- (1) In general.--Section 13401 of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17931) is amended by adding at the end the following: ``(d) Portable Media Encryption Requirement.--Not later than 1 year after the date of enactment of the Protect Our Health Privacy Act, the Secretary shall issue regulations to require covered entities and business associates to render protected health information that is stored on portable media (as defined by the Secretary, which shall include thumb drives, laptop computers, tablet computers, and other similar devices) unusable, unreadable, or indecipherable to unauthorized individuals.''. (2) Conforming amendment.--Section 13401(b) of such Act (42 U.S.C. 17931(b)) is amended by inserting ``or (d)'' after ``subsection (a)''. SEC. 4. USE OF DATA IN BUSINESS ASSOCIATE CONTRACTS; APPLICATION OF MINIMUM NECESSARY STANDARD TO BUSINESS ASSOCIATES. (a) In General.--Section 13404 of division A of the American Recovery and Reinvestment Act (42 U.S.C. 17934) is amended by adding at the end the following: ``(d) Use of Data in Business Associate Contracts; Application of Minimum Necessary Standard to Business Associates.-- ``(1) Limitation on scope and use of protected health information.--As required by section 164.504(e) of title 45, Code of Regulations (as in effect on the date of enactment of this subsection), any business associate agreement between a covered entity and a business associate shall limit the use of protected health information by such business associate-- ``(A) to only such information as necessary for the performance of the service or function that the covered entity has contracted with the business associate to perform on behalf of the covered entity; and ``(B) to only those uses that are necessary for the performance of the service or function described in subparagraph (A). ``(2) Application of minimum necessary standard to business associates.--Section 164.502(b) of title 45, Code of Federal Regulations shall apply to a business associate of a covered entity in the same manner that such section applies to the covered entity. The additional requirements of this title that relate to the minimum necessary standard with respect to the use, disclosure, and request of protected health information that are made applicable with respect to covered entities shall also be applicable to such a business associate and shall be incorporated into the business associate agreement between the business associate and the covered entity.''. (b) Conforming Amendment.--Subsection (c) of such section 13404 (42 U.S.C. 17934) is amended by striking ``(a) or (b)'' and inserting ``(a), (b), or (d)(2)''. (c) Clarification.--Nothing in subsection (d)(2) of section 13404 of division A of the American Recovery and Reinvestment Act (42 U.S.C. 17934) (as amended by subsection (a)) affects the application of the minimum necessary standard to business associates pursuant to section 164.504(e) of title 45, Code of Federal Regulations (relating to contracts and other arrangements between business associates and covered entities) as in effect on the date of enactment of this Act. SEC. 5. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE. Title XXX of the Public Health Service Act (42 U.S.C. 300jj et seq.) is amended by adding at the end the following: ``SEC. 3022. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE. ``(a) In General.--Not later than 18 months after the date of enactment of the Protect Our Health Privacy Act, the Secretary shall issue regulations to improve the safety, interoperability, and utility of health information technology systems. ``(b) Content.--The regulations issued under subsection (a) shall include-- ``(1) a system to track the effect of health information technology on the health of patients; and ``(2) minimum quality and risk management requirements for health information technology vendors. ``(c) Health Information Technology Adverse Health Event Reporting.-- ``(1) In general.--The Secretary shall designate an agency within the Department of Health and Human Services to promulgate regulations relating to a health information technology adverse health event reporting program and database. The Department shall consider definitions and standards developed by the National Quality Forum before promulgating such regulations. ``(2) Content.--The regulations promulgated under paragraph (1) shall include mandatory submission of adverse health event reports by health information technology vendors and voluntary submission of adverse health event reports by users of health information, including patients and their family caregivers. ``(3) Use of reports.--The agency designated under paragraph (1) shall analyze adverse health event reports and report findings and recommendations to the applicable industry and policymakers. ``(4) Protection of reports.--The agency designated under paragraph (1) shall remove identifying information if adverse health event reports are made public. An adverse health event report may not be admitted or used in any action in a Federal or State court or any Federal or State administrative proceeding as evidence of fault, liability, or occurrence of an adverse health event. ``(5) Annual report.--The agency designated under paragraph (1) shall use the database established under such paragraph to submit to Congress an annual report regarding the use and safety of health information technology.''.

Protect Our Health Privacy Act - Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to expand requirements for reports to Congress on acquisition or disclosure of unsecured protected health information in a breach to include: (1) descriptions of types of such information involved in each breach; and (2) the identity of the covered entity involved in each breach or, if the breach affected fewer than 500 individuals, the kind of covered entity involved. Revises requirements for the annual compliance report concerning informally resolved complaints of violations relating to privacy and security of health information to require: (1) a summary of the most common types of complaints resolved, (2) statements of the average amount of time between receipt of a complaint to its resolution by category and examples, (3) additional reporting of federal and state enforcement actions and priorities. Requires the Attorney General to report annually to Congress, and to publish, a study of complaints of alleged violations concerning wrongful disclosure of individually identifiable health information referred to the Department of Justice (DOJ) by the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), or another state or federal agency. Includes portable media devices in guidance issued by the Secretary concerning technologies and methodologies rendering protected health information unusable by unauthorized individuals. Directs the Secretary to issue regulations requiring covered entities and their business associates to render protected health information stored on such media unusable by unauthorized individuals. Provides rules for application of regulations concerning health information privacy to use by business associates of covered entities. Amends the Public Health Service Act to require the Secretary to issue regulations to improve the safety, interoperability, and utility of health information technology systems, including: (1) a system to track the effect of health information technology on patients' health, and (2) minimum quality and risk management requirements for technology vendors. Requires promulgation of regulations by an HHS-designated agency concerning a health information technology adverse health event reporting program and database and reports by such agency on its findings to industry and policymakers.

A bill to amend the American Recovery and Reinvestment Act with respect to the privacy of protected health information.

SECTION 1. EXTENSION OF FARM SECURITY AND RURAL INVESTMENT ACT OF 2002. (a) Crop Programs.-- (1) Automatic one-year extension.--Every reference in title I of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 7 U.S.C. 7901 et seq.), or in an amendment made by such title, to the 2007 crop year or the 2007 crop of a commodity shall be deemed to also cover the 2008 crop year and the 2008 crop of the same commodity. In the case of sections 1204(e)(1) and 1208(a) of such Act (7 U.S.C. 7934(e)(1), 7938(a)), the references to July 31, 2008, shall be deemed to be July 31, 2009. (2) Conditional additional year extension.--If the President does not submit to Congress implementing legislation with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008-- (A) every reference in title I of the Farm Security and Rural Investment Act of 2002, or in an amendment made by such title, that is deemed to cover the 2008 crop year or the 2008 crop of a commodity, by operation of paragraph (1), shall be deemed to instead cover the 2008 and 2009 crop years and the 2008 and 2009 crops of the same commodity; and (B) the references to July 31, 2008, in sections 1204(e)(1) and 1208(a) of such Act shall be deemed to be July 31, 2010. (b) Other Direct Spending Programs and Authorities.-- (1) Automatic one-year extension.--For purposes of every direct spending program (as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8))) or other authority established or amended by the Farm Security and Rural Investment Act of 2002 (Public Law 107-171), other than crop programs covered by subsection (a), every reference to 2007 with regard to such programs or authority shall be deemed to refer instead to 2008. The funding level, acreage level, or tonnage level (as the case may be) specified for such a program or authority in such Act, or in an amendment made by such Act, for fiscal year 2007 shall also apply for fiscal year 2008. (2) Conditional additional year extension.--If the President does not submit to Congress implementing legislation with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008-- (A) every reference in a direct spending program or other authority established or amended by the Farm Security and Rural Investment Act of 2002 that is deemed to be 2008 rather than 2007, by operation of paragraph (1), shall be deemed to instead refer to 2009; and (B) the funding level, acreage level, or tonnage level (as the case may be) for fiscal year 2007 for such a program or authority shall apply for both fiscal years 2008 and 2009. (c) Extension of Authorizations of Appropriations and Program Terminations.-- (1) Automatic one-year extension.--Every authorization of appropriations contained in the Farm Security and Rural Investment Act of 2002 (Public Law 107-171), or in an amendment made by such Act, that would otherwise expire on September 30, 2007, shall be deemed to expire on September 30, 2008. Every reference in such Act or in an amendment made by such Act to the termination of a program or authority in 2007 shall be deemed to refer instead to 2008. (2) Conditional additional year extension.--If the President does not submit to Congress implementing legislation with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008-- (A) every authorization of appropriations contained in the Farm Security and Rural Investment Act of 2002, or in an amendment made by such Act, that is deemed to expire on September 30, 2008, by operation of paragraph (1), shall be deemed to expire on September 30, 2009; and (B) every reference to the termination of a program or authority specified in such Act, or in an amendment made by such Act, that is deemed to occur in 2008 rather than 2007, by operation of paragraph (1), shall be deemed to occur instead in 2009. (d) Exception.--This section does not apply with respect to peanut storage costs under section 1307(a)(6) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7957(a)(6)).

Provides for: (1) an automatic one-year extension of the authorization of appropriations for a crop year and direct spending programs and authorities (other than such crop programs) of the Farm Security and Rural Investment Act of 2002; and (2) an additional one-year extension of them if the President does not submit implementing legislation to Congress with respect to the Doha Development Round of World Trade Organization (WTO) negotiations by January 15, 2008. Provides, with the exception of peanut storage costs, the same automatic one-year extension and additional one-year extension for: (1) authorizations of appropriations in the Act scheduled to expire on September 30, 2007; and (2) termination of a program or authority in calendar year 2007.

To provide for an automatic one-year extension of the authorizations of appropriations and direct spending programs of the Farm Security and Rural Investment Act of 2002 and to provide for an additional one-year extension if implementing legislation is not submitted with respect to the Doha Development Round of World Trade Organization negotiations by January 15, 2008, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Export Support Act of 2010''. SEC. 2. EXPORT LICENSING COMPLIANCE ASSISTANCE BY COMMERCIAL SERVICE DISTRICT OFFICES. Section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721) is amended-- (1) in subsection (b)-- (A) in paragraph (8), by striking ``; and'' and inserting a semicolon; (B) in paragraph (9), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(10) providing small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements.''; and (2) in subsection (c)(3)-- (A) by inserting ``(A)'' before ``The Secretary shall''; and (B) by adding at the end the following new subparagraphs: ``(B) The Secretary shall assign export licensing compliance specialists to at least 20 district offices (or, at any time when there are 20 or fewer such offices, to all such offices). Such export licensing compliance specialists shall provide small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements. ``(C) In determining whether to assign an export licensing compliance specialist to a district office under subparagraph (B), the Secretary shall take into account the need for such assistance of the small businesses and medium-sized businesses in the region served by the office. In assessing such need, the Secretary shall consider such indicators of the small business and medium-sized business industrial base in the region as the Secretary considers appropriate, including the number of small businesses and medium-sized businesses in the region that have been issued export licenses.''. SEC. 3. ANNUAL REVIEWS OF COMMERCIAL SERVICE DISTRICT OFFICE STAFFING. (a) In General.--Not later than 60 days after the end of each fiscal year that ends after the date of the enactment of this Act, the Secretary of Commerce shall complete a review, with respect to such fiscal year, of the level of staffing at each district office of the United States and Foreign Commercial Service established under section 2301(c)(3)(A) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(c)(3)(A)) to determine, for the fiscal year that begins after the date of the completion of the review, the level of staffing at each office that will enable such office to effectively serve small businesses and medium-sized businesses. (b) Elements of Review.--A review under subsection (a) shall include with respect to each district office-- (1) a determination of the number of staff employed in the office during the fiscal year in which the review is completed and during each of the preceding 9 fiscal years; (2) a determination of the need of small businesses and medium-sized businesses in the region served by the office for the services and assistance described in section 2301(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)), as indicated by factors including-- (A) the volume of requests made by small businesses and medium-sized businesses to the office for such services and assistance; (B) the number of small businesses and medium-sized businesses in the region that have been issued export licenses; and (C) such other indicators of the small business and medium-sized business industrial base in the region as the Secretary considers appropriate; (3) an assessment of the overall performance of the office in providing such services and assistance to small businesses and medium-sized businesses; (4) an assessment of whether any changes should be made in the number of staff employed in the office for the fiscal year that begins after the date of the completion of the review, including whether, based on the determination under paragraph (2), an export licensing compliance specialist should be assigned (or continue to be assigned) to the office under section 2301(c)(3)(B) of such Act (15 U.S.C. 4721(c)(3)(B)); (5) an assessment of whether any changes in funding for the office for such fiscal year will be necessary to implement any changes identified under paragraph (4); and (6) such other elements as the Secretary considers appropriate. (c) Inclusion in President's Budget Submission to Congress.-- (1) Submission by secretary to president.--For each fiscal year with respect to which a review is completed under subsection (a), the Secretary shall prepare a report on the review and shall include the report in the submission to the President of materials relating to the budget of the Department of Commerce for the fiscal year that begins after the date of the completion of the review. The Secretary shall include in the report a statement that-- (A) assesses the consistency of any budgetary requests made by the Secretary in the submission with the conclusions in the review regarding appropriate levels of staffing and funding; and (B) justifies any inconsistencies between the requests and the conclusions. (2) Submission by president to congress.--The President shall include the report submitted under paragraph (1) in the budget of the United States Government submitted to Congress under section 1105(a) of title 31, United States Code, for the fiscal year that begins after the date of the submission of the report to the President by the Secretary. The President shall attach to the report an addendum that-- (A) assesses the consistency of the budget with the conclusions in the review regarding appropriate levels of staffing and funding; and (B) justifies any inconsistencies between the budget and the conclusions. SEC. 4. DESIGNATION OF EXPORT LICENSING COORDINATORS. (a) In General.--Each official described in subsection (c) shall designate an export licensing coordinator for the department or agency of the official. The export licensing coordinator for a department or agency shall be an individual who exercises significant decisionmaking authority in the department or agency. (b) Duties.--The export licensing coordinator designated for a department or agency under subsection (a) shall devise, encourage, and coordinate activities by the department or agency that provide small businesses and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing requirements. (c) Officials Described.--The officials described in this subsection are the following: (1) The Secretary of Commerce. (2) The Secretary of Defense. (3) The Secretary of State. (4) The Secretary of the Treasury. (5) The Administrator of the Small Business Administration. SEC. 5. INTERAGENCY TASK FORCE ON EXPORT CONTROL ASSISTANCE AND RELIEF FOR SMALL AND MEDIUM-SIZED BUSINESSES. (a) Establishment.--There is established in the Department of Commerce an Interagency Task Force on Export Control Assistance and Relief for Small and Medium-Sized Businesses (in this section referred to as the ``Task Force''). (b) Duties of Task Force.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Task Force shall submit to Congress a report containing-- (A) recommendations for improving the support, training, education, and compliance assistance regarding export licensing requirements provided to small businesses and medium-sized businesses by the Federal Government, including recommendations regarding any increases in the amount or changes in the allocation of resources for such support, training, education, and compliance assistance; (B) recommendations for changes to such requirements to improve opportunities for small businesses and medium-sized businesses to export goods and services from the United States; and (C) such other recommendations as the Task Force considers appropriate. (2) Input from businesses.--The Task Force shall consult with small businesses and medium-sized businesses in preparing the report required by paragraph (1). (c) Membership.-- (1) In general.--The Task Force shall be composed of the officials described in section 4(c). (2) Compensation.--A member of the Task Force may not receive pay, allowances, or benefits by reason of service on the Task Force in addition to pay, allowances, or benefits by reason of service as an officer of the United States in the capacity listed in section 4(c) in which the member serves. (3) Chairperson.--The Chairperson of the Task Force shall be elected by the members. (4) Quorum.--Three members of the Task Force shall constitute a quorum, but a lesser number may hold hearings. (d) Administrative and Support Services.--Upon the request of the Chairperson, the Secretary of Commerce shall provide to the Task Force, without reimbursement, such administrative and support services, including details of personnel, as may be necessary to enable the Task Force to carry out its duties under this section. SEC. 6. DEFINITIONS. (a) Small Business Defined.--In this Act, the term ``small business'' means a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632). (b) Additional Definition for Sections 4 and 5.--In sections 4 and 5, the term ``export licensing requirements'' includes export licensing requirements under section 38 of the Arms Export Control Act (22 U.S.C. 2778).

Small Business Export Support Act of 2010 - Amends the Export Enhancement Act of 1988 to require the Secretary of Commerce to assign export licensing compliance specialists to at least 20 United States and Foreign Commercial Service district offices to provide small and medium-sized businesses with support, training, education, and compliance assistance regarding export licensing, including arms export licensing, requirements. Directs the Secretary to review and report to the President annually on the level of staffing at each such district office in order to determine the level that will enable it to serve such businesses effectively. Requires each of the Secretaries of Commerce, of Defense (DOD), of State, and of the Treasury, as well as the Administrator of the Small Business Administration (SBA), to designate an export licensing coordinator who exercises significant decisionmaking authority in the respective department or agency. Requires the coordinator to devise, encourage, and coordinate department or agency activities providing small and medium-sized businesses with export licensing assistance under this Act. Establishes in the Department of Commerce an Interagency Task Force on Export Control Assistance and Relief for Small and Medium-Sized Businesses to report annually to Congress its recommendations for improving such assistance.

To improve the support, training, education, and compliance assistance regarding export licensing requirements provided to small businesses and medium-sized businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harbor Environmental Dredging and Management Act of 1993''. SEC. 2. DUMPING PERMIT PROGRAM FOR DREDGED MATERIAL. (a) General Procedures.--Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1973 (33 U.S.C. 1413) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following: ``(d) Procedure.--The following procedure applies concerning action by the Secretary with respect to an application for a permit under this section: ``(1) Notice.--Within 15 days after the date on which the Secretary receives an application for a permit under this section, the Secretary shall cause to be published a notice that contains-- ``(A) a description of the project; ``(B) such other information that the Secretary considers appropriate; and ``(C) an invitation for comment on the application and on any other matters of relevance, including the effect of approval of the application on endangered species, if appropriate, from interested Federal agencies, other public agencies, and private persons. ``(2) Information to be considered.--In making the determination required by subsection (a) regarding the application, the Secretary shall consider any comment or other information that the Secretary receives from interested agencies and persons during the 30-day period following the date on which the notice under paragraph (1) is published with respect to the application. ``(3) Deadline for hearing.--If the Secretary determines that a public hearing should be conducted with respect to the application, the Secretary shall complete the hearing within 30 days after the last day of the comment period for the application under paragraph (2). ``(4) Information to epa and other interested federal agencies.--Within 15 days after the date on which the Secretary receives all information pertaining to the application, the Secretary shall provide necessary and appropriate information concerning the application to the Administrator and to the heads of all other interested Federal agencies. Within 15 days of receiving such information, the Administrator and the heads of such other agencies shall review the information and request any additional information they deem necessary. ``(5) Concurrent evaluation of application.--The Secretary and the Administrator shall concurrently evaluate the application and, as appropriate and to the maximum extent possible, confer on the application in order to complete its consideration at the earliest possible date. ``(6) Deadline for determination by secretary.--The Secretary shall make a determination regarding whether or not to issue a permit under this section within 90 days after-- ``(A) the last day of the 30-day comment period for the application under paragraph (2); or ``(B) if a public hearing is held with respect to the application, the last day of the public hearing. ``(7) Standards.--The Secretary, in determining under subsection (a) whether or not the dumping proposed in the application will result in the unreasonable degradation or endangerment referred to in such subsection, shall-- ``(A) apply the applicable criteria and standards as such criteria and standards are in effect on the date of receipt of the application by the Secretary; and ``(B) disregard any change made to any such standard after such date of receipt. ``(8) Consideration of effect of failure to dredge.--In addition to applying the criteria referred to in section 102(a) in making the determination required by subsection (a), the Secretary shall also consider the effect that the failure to dredge the material concerned will have on human health and welfare, including economic, esthetic, and recreational values. ``(9) Time limits on process.--The Secretary and the Administrator shall make a determination regarding whether to issue a permit under this section within 165 days after the Secretary receives an application for the permit under this section.''. (b) Concurrence by Administrator.--Subsection (c) of such section is amended-- (1) by adding at the end of paragraph (1) the following: ``The Secretary shall provide the information requested within 15 days after the date of receipt of the request for the information from the Administrator.''; and (2) in paragraph (2) by striking ``45'' each place it appears and inserting ``30''. (c) Conforming Amendment.--Subsection (f) of such section, as redesignated by subsection (a) of this section, is amended by striking ``and (d)'' and inserting ``, (d), and (e)''. SEC. 3. DIOXIN CONTAMINATED SEDIMENT DISPOSAL STANDARD. Not later than 6 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of the Army, shall develop a national standard for the disposal of sediments contaminated with dioxin. The standard shall apply, at a minimum, to determinations required to be made under subsection (a) of section 103 of the Marine Protection, Research, and Sanctuaries Act of 1973. SEC. 4. MUD DUMP CONTAINMENT ISLAND. (a) Plan.--The Administrator of the Environmental Protection Agency and the Secretary of the Army shall develop a plan for the construction of a containment island as an alternative to the Mud Dump Site, as defined in section 412(d) of the Water Resources Development Act of 1990, for the disposal of contaminated dredged material. The plan shall include, at a minimum, the following: (1) A recommended location for the island. (2) Proposed timetable for construction of the island, including public hearings, permit processes, and environmental impact statements. (3) An analysis and estimate of the cost of construction of the island and recommended financing mechanisms for the construction. (4) The status of decontamination technologies to be used on the contaminated materials. (b) Report.--Not later than 12 months after the date of the enactment of this Act, the Administrator and the Secretary shall submit to Congress the plan developed under subsection (a), together with recommendations for its implementation. SEC. 5. CONTAINMENT AND CLEAN-UP OF DIOXIN IN PASSAIC RIVER, NEW JERSEY. (a) Plan.--The Administrator of the Environmental Protection Agency and the Secretary of the Army, in consultation with State authorities, shall develop a comprehensive plan for the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. (b) Minimum Content Requirements.--The plan to be developed under this section shall include, at a minimum, the following: (1) A comprehensive strategy for monitoring, containing, and preventing the spread of dioxin in the Passaic River basin to Newark Bay. (2) A comprehensive strategy for the clean-up of dioxin in the Passaic River basin, including a proposed timetable, estimate of the cost, and financing mechanism for the clean-up. (3) A comprehensive strategy for preventing land activities from becoming new sources of dioxin pollution in the Passaic River basin and Newark Bay. (4) The status of sediment sources in Newark Bay. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Administrator and the Secretary shall submit to Congress the comprehensive plan developed under subsection (a), together with recommendations for its implementation. SEC. 6. CONSORTIUM OF DREDGED MATERIALS DISPOSAL PERMITTEES. The Secretary of the Army is authorized to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials in an effort to promote the cost-effective disposal and environmental management of dredged materials.

Harbor Environmental Dredging and Management Act of 1993 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to establish a procedure for actions on permit applications for the dumping of dredged material into ocean waters. Directs the Administrator of the Environmental Protection Agency to develop a national standard for the disposal of sediments contaminated with dioxin. Requires the Administrator and the Secretary of the Army to develop and submit to the Congress a plan for: (1) the construction of a containment island as an alternative to the Mud Dump Site in New Jersey for the disposal of contaminated dredged material; and (2) the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. Authorizes the Secretary to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials to promote the cost-effective disposal and environmental management of dredged materials.

Harbor Environmental Dredging and Management Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Peer Support Communities of Recovery Act''. SEC. 2. BUILDING COMMUNITIES OF RECOVERY. Section 547 of the Public Health Service Act (42 U.S.C. 290ee-2) is amended-- (1) in subsection (a)-- (A) in the heading, by striking ``Definition'' and inserting ``Definitions''; (B) in the matter preceding paragraph (1), by striking ``In this section, the term `recovery community organization' means an independent nonprofit organization that--'' and inserting ``In this section:''; (C) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs (as so redesignated) 2 ems to the right; (D) by inserting before subparagraph (A) (as so redesignated) the following: ``(1) Recovery community organization.--The term `recovery community organization' means an independent nonprofit organization that--''; and (E) by adding at the end the following: ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a national nonprofit entity focused on substance use disorder with a network of local affiliates and partners that are geographically and organizationally diverse; or ``(B) a nonprofit organization-- ``(i) focused on substance use disorder; ``(ii) established by individuals in personal or family recovery; and ``(iii) serving prevention, treatment, recovery, payor, faith-based, and criminal justice stakeholders in the implementation of local addiction and recovery initiatives.''; (2) in subsection (b)-- (A) by striking ``The Secretary shall award grants to recovery community organizations'' and inserting ``The Secretary-- ``(1) shall award grants to recovery community organizations''; (B) by striking ``services.'' and inserting ``services and allow such organizations to use such grant funds to carry out the activities described in subparagraphs (A) through (C) of subsection (c)(2); and''; and (C) by adding at the end the following: ``(2) may award grants to eligible entities for purposes of establishing regional technical assistance centers, in accordance with subsection (c)(2)(D).''; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)-- (A) in paragraph (1), by striking ``shall be used'' and inserting ``to a recovery community organization shall be used''; (B) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting before ``build'' the following: ``in the case of a grant awarded to a recovery community organization,''; (ii) in subparagraph (B)-- (I) by inserting before ``reduce'' the following: ``in the case of a grant awarded to a recovery community organization,''; and (II) by striking ``and'' at the end; (iii) in subparagraph (C)-- (I) by inserting before ``conduct'' the following: ``in the case of a grant awarded to a recovery community organization,''; and (II) by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(D) in the case of a grant awarded to an eligible entity, provide for the establishment of regional technical assistance centers to provide regional technical assistance for the following: ``(i) Implementation of regionally driven, peer-delivered addiction recovery support services before, during, after, or in conjunction with addiction treatment. ``(ii) Establishment of recovery community organizations. ``(iii) Establishment of recovery community centers.''; and (6) in subsection (d) (as so redesignated), by inserting before the period the following: ``, and $15,000,000 for each of fiscal years 2019 through 2023''. Passed the House of Representatives June 12, 2018. Attest: KAREN L. HAAS, Clerk.

Peer Support Communities of Recovery Act This bill amends the Public Health Service Act to allow the Substance Abuse and Mental Health Services Administration to award grants to nonprofits that focus on substance use disorder to establish regional technical assistance centers to provide assistance regarding implementation of peer-delivered addiction recovery support services, establishment of recovery community organizations and centers, and overdose reversal medication.

Peer Support Communities of Recovery Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Probabilistic Methods Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) probabilistic methods have wide applicability in improving process efficiency and eliminating overdesign in government programs and purchases; (2) the integration of probabilistic methods into business practices has contributed significantly to the success of industry quality programs and has saved billions of dollars for companies; (3) Federal use of probabilistic methods is less advanced than it is in industry; (4) probabilistic methods hold out the promise of better understanding of safety and environmental risks, and if properly applied can lead to more business-friendly regulations; (5) if made an integral part of federally funded design efforts, probabilistic methods could lead to a better understanding of the specifications a product must meet and reduce overdesign and associated costs; and (6) appropriate use of probabilistic methods within the programs of the Department of Transportation could lead through quantification of uncertainties to more reliable, less costly components of our transportation system, including roads, bridges, and automotive, aerospace, and mass transit systems, and could also benefit the programs of other Federal agencies such as the Department of Defense, the Department of Commerce, and the National Institutes of Health. SEC. 3. ESTABLISHMENT. The Administrator of the Research and Special Programs Administration of the Department of Transportation (in this Act referred to as the ``Administrator'') shall establish a commission to be known as the ``Commission on Probabilistic Methods'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) identify where and how probabilistic methods can help the Department of Transportation; (2) assess the extent to which probabilistic methods can help the Department of Transportation maximize return on investment and increase public safety; (3) evaluate the state of probabilistic methods technology; (4) identify the probabilistic techniques that are ready for practical use and recommend guidelines that can help a user decide what technique to use; (5) establish models for quantifying uncertainties in major Department of Transportation programs that affect cost, operation, and performance; (6) identify key technology areas that must be further developed; (7) recommend guidelines for implementation of probabilistic technology; (8) recommend how to set reliability levels that can ensure public safety and be achievable by industry; (9) recommend probabilistic-based guidelines for safety tests; (10) recommend guidelines for creating required database; (11) determine appropriate means of expediting technology transfer and ensuring that the principles of probabilistic methods are used appropriately in decisions involving funds under the control of the Department of Transportation; (12) identify legal and cultural barriers to the effective use of probabilistic methods at the Department of Transportation; (13) make recommendations for the use of probabilistic methods in Department of Transportation programs; (14) make recommendations for institutionalizing probabilistic methods values at the Department of Transportation after the termination of the Commission; and (15) recommend pilot projects for evaluation of probabilistic methods technology. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 19 members as follows: (1) A chairperson, who shall be a representative of an engineering society with experience in probabilistic methods, such as the Society of Automotive Engineers. (2) Four members from the higher education community. (3) Four members from various levels of government. (4) Four members from industry. (5) One member representing labor. (6) One member representing the environmental community. (7) One member representing the public interest. (8) A representative of the Department of Defense, appointed by the Secretary of Defense. (9) A representative of the Department of Commerce, appointed by the Secretary of Commerce. (10) A representative of the National Institutes of Health, appointed by the Director of the National Institutes of Health. The members described in paragraphs (1) through (7) shall be appointed by the Administrator. (b) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (c) Basic Pay.--Members shall serve without pay. (d) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--10 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Initial Meeting.--The initial meeting of the Commission shall occur within 180 days after the date of the enactment of this Act. (g) Agenda.--Within 6 months after its initial meeting under subsection (f), the Commission shall transmit to the Administrator a written agenda for its activities. SEC. 6. ADMINISTRATIVE SUPPORT. (a) In General.--The Department of Transportation shall provide the Commission with such administrative support as it shall require to carry out its duties. (b) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. REPORTS. (a) Interim Report.--The Commission shall transmit to the Administrator an interim report not later than 2 years after its initial meeting under section 5(f). (b) Final Report.--The Commission shall transmit a final report to the Administrator not later than 36 months after its initial meeting under section 5(f). The final report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate 10 days after submitting its final report pursuant to section 7(b). Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission. SEC. 9. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

Commission on Probabilistic Methods Act - Directs the Administrator of the Research and Special Programs Administration of the Department of Transportation (DOT) to establish the Commission on Probabilistic Methods. Requires the Commission to identify and assess the extent to which the use of probabilistic methods (techniques used to help reduce costs) can help DOT in administering its transportation programs.

Commission on Probabilistic Methods Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014''. SEC. 2. BROWNFIELD REDEVELOPMENT AND ECONOMIC DEVELOPMENT INNOVATIVE FINANCING PROGRAM. (a) Establishment and Purpose.--The Secretary of Housing and Urban Development, in consultation with the Secretary of the Treasury, shall establish a program, to be known as the Brownfield Redevelopment and Economic Development Innovative Financing program, under which the Secretary may guarantee, and make commitments to guarantee, the repayment of principal and interest on loans made by lenders to local governments, local redevelopment agencies, or BRAC redevelopment projects for the purposes of carrying out projects for redeveloping brownfields and promoting urban renewal. (b) Eligibility Requirements.-- (1) Application.--A local government, local redevelopment agency, or BRAC redevelopment project shall be eligible to receive a loan guarantee under the Program only if such government, agency, or project submits to the Secretary (at such time and in such form as the Secretary may require)-- (A) a master plan that meets the requirements under subsection (c); (B) a certification from the Environmental Protection Agency, or an entity designated by the Environmental Protection Agency, that the brownfield to be redeveloped under the master plan requires environmental remediation; and (C) any other information as the Secretary may require. (2) Loan eligibility.--A loan may be guaranteed under the Program only if the loan meets the following requirements: (A) Use.--Such loan shall be used for costs of carrying out a project to redevelop brownfields and promote urban renewal, which may include-- (i) acquisition of a brownfield site; (ii) remediation of a brownfield site; (iii) relocation of existing facilities in operation on the redevelopment site; or (iv) site preparation, including the installation of utilities, sewers, storm drains, and transportation facilities. (B) Contamination.--A local government, local redevelopment agency, or BRAC redevelopment project may not receive a loan guarantee under the Program if the applying agency was responsible for contaminating a brownfield to be redeveloped using such loan. (C) Number of loans.--A local government, local redevelopment agency, or BRAC redevelopment project may not at any time have more than one outstanding loan that is guaranteed under the Program. (D) Amount of principal.--The original principal amount of such loan shall not-- (i) be less than $25,000,000; and (ii) exceed the lesser of-- (I) the total cost of the redevelopment project for which the loan is to be used; or (II) $150,000,000. (E) Interest rate.--Such loan shall bear interest at a rate negotiated between the lender and the borrower, subject to any limitations that the Secretary may establish. (F) Duration.--The term to maturity of such loan shall not be shorter than 20 years nor longer than 30 years. (G) Repayment.--Such loan-- (i) shall not require any repayment of principal or interest within 10 years after the date that the lender makes the loan to the borrower; and (ii) shall require that repayment shall begin not later than 15 years after the date that such loan is made. (c) Master Plan.--A master plan under this subsection shall describe the proposed brownfield redevelopment project for which the loan guarantee is to be made, and shall include-- (1) a description of the project to be funded by the loan, including a schedule of activities to be undertaken and a budget for such project; (2) a demonstration that the brownfield redevelopment project will result in major redevelopment, based on economic development and environmental quality and restoration, in the community in which such project is located, which shall include information regarding-- (A) the extent of non-Federal funds committed to the project; (B) the number of long-term jobs created by the project; (C) the environmental remediation of brownfield sites due to the project; (D) a description of the environmental and economic impact of the project on the community; (E) the amount of affordable housing created by the project; (F) the reduction of vehicle congestion and emissions expected to result from the project; (G) the extent of integration of green technology into developments and buildings created by the project; (H) the extent of improvement in air quality expected to result from the project; and (I) the extent to which complete streets planning and transit-oriented development is incorporated into the project; (3) evidence of the commitments of investment from non- Federal entities, established through zoning or other documentation; and (4) a remediation action plan that has been approved by the Environmental Protection Agency, or its designee. (d) Selection Criteria.--The Secretary shall establish criteria for selecting local governments, local redevelopment agencies, and BRAC redevelopment projects to receive loan guarantees under the Program. Such criteria shall take into consideration the information required under subsection (c)(2). Such criteria shall provide that existing BRAC redevelopment projects having existing Federal grants, loans, or other assistance or commitments for Federal grants, loans, or other assistance, shall be given additional favorable consideration toward such selection. (e) Full Faith and Credit.--The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations. (f) Protection Against Liability for Environmental Remediation.-- The Federal Government shall not be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other Federal, State, or local law as a result of a loan guarantee made under this section. (g) Processing; Repayment and Collateral; Congressional Oversight.-- (1) Processing.--The Secretary shall consider, process, and approve all requests for loan guarantees under this section using an approval process that is substantially identical to the approval process used for loan guarantees provided under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308). (2) Repayment schedule and collateralization.--To be eligible for a loan guarantee under this section, an applicant shall demonstrate a viable repayment schedule and shall provide sufficient collateral to ensure repayment of loans so guaranteed, which may be in the form of a pledge of grants for which the applicant may become eligible under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), except that the Secretary may not require a pledge of such grants as collateral and shall provide for applicants to provide collateral in other forms, at the option of the applicant. (3) Congressional oversight.--Before final approval of any loan guarantee under this section, the Secretary shall notify the Committees on Financial Services and Appropriations of the House of Representatives and Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate of such approval. (h) Definitions.--For purposes of this section the following definitions shall apply: (1) BRAC redevelopment project.--The term ``BRAC redevelopment project'' means a project to redevelop a site that has been designated as a Base Realignment and Closure Site by the Secretary of Defense, through the Defense Base Closure and Realignment Commission, and is listed on the website of the Department of Defense as such a site. (2) Brownfield.--The term ``brownfield'' has the meaning given such term in section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39). (3) Local redevelopment agency.--The term ``local redevelopment agency'' means any agency, office, or division of a State government whose purpose includes improving blighted, deteriorated, or otherwise economically depressed areas. (4) Remediation action plan.--The term ``remediation action plan'' means, with respect to a brownfield redevelopment project, a document that describes how the project site will be remediated, what technology will be used to accomplish such remediation, and when the remediation actions will take place. (5) Program.--The term ``Program'' means the Brownfield Redevelopment and Economic Development Innovative Financing program established under this section. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (i) Regulations.--Not later than 6 months after the date of enactment of this section, the Secretary shall issue regulations as may be necessary to carry out the Program. (j) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $100,000,000 for fiscal year 2015 for costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of loans guaranteed under this section, which amounts shall remain available through fiscal year 2019.

Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014 - Directs the Secretary of Housing and Urban Development (HUD) to establish the Brownfield Redevelopment and Economic Development Innovative Financing Program, under which the Secretary may guarantee the repayment of loans made by lenders to local governments, local redevelopment agencies, or Base Realignment and Closure Commission (BRAC) redevelopment projects to carry out projects for redeveloping brownfields and promoting urban renewal. Requires such an entity, in order to receive such a loan guarantee, to submit: (1) a master plan that describes the proposed brownfield redevelopment project, demonstrates that such project will result in major redevelopment, provides evidence of investment commitments from non-federal entities, and includes a remediation action plan approved by the Environmental Protection Agency (EPA); and (2) a certification from EPA that the brownfield to be redeveloped requires environmental remediation. Prohibits an entity from: (1) receiving a loan guarantee if it was responsible for contaminating the brownfield to be redeveloped, or (2) having more than one outstanding loan that is guaranteed under the Program. Sets forth requirements regarding an eligible loan's principal amount, interest rate, duration, and repayment terms. Directs the Secretary to establish criteria for selecting entities to receive loan guarantees.

Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014

SECTION 1. RELIABILITY AND DISTRIBUTED RESOURCES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Consideration of safe and reliable interconnection of distributed resources.-- ``(A) Definitions.--In this paragraph: ``(i) Ancillary service.--The term `ancillary service' includes-- ``(I) reactive supply; ``(II) regulation and frequency response; ``(III) energy imbalance; ``(IV) operating reserves; ``(V) generation imbalance; and ``(VI) flexibility and ramping services. ``(ii) Distributed resource.--The term `distributed resource' means an electric power source connected directly to the distribution network or on the customer side of the meter. ``(B) Requirement for proceedings related to distributed resources.--Each State regulatory authority shall-- ``(i) establish proceedings to examine the degree to which distributed resources contribute ancillary services; and ``(ii) prescribe appropriate measures to ensure adequate ancillary services so that grid interconnection for distributed resources is safe, reliable, and efficient.''. SEC. 2. NET METERING EFFECTS. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 1) is amended by adding at the end the following: ``(21) Net metering effects.--Each State regulatory authority shall-- ``(A) establish proceedings to examine the effects of net metering and customer-owned distributed generation on resource planning of each electric utility, including-- ``(i) the effects on resource utilization, fuel diversity, grid security, and shifting of grid costs to customers who do not use net metering or customer-owned distributed generation; and ``(ii) the impact on-- ``(I) the financial health of the entity providing distribution services; and ``(II) the ability of the entity to attract investment in light of net metering and customer-owned distributed generation within the State; and ``(B) establish proceedings to determine whether electricity rates established for net metering service are just and reasonable and not unduly preferential or discriminatory, in accordance with State law.''. SEC. 3. COMPLIANCE. (a) Time Limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility shall, with respect to the standard established by paragraphs (20) and (21) of section 111(d)-- ``(i) commence the consideration required under those paragraphs; or ``(ii) set a hearing date for such consideration, with respect to the standard established by paragraphs (20) and (21) of section 111(d). ``(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility shall, with respect to the standards established by paragraphs (20) and (21) of section 111(d)-- ``(i) complete the consideration required under those paragraphs; and ``(ii) make the determination referred to in section 111 with respect to the standards established by those paragraphs.''. (b) Failure To Comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: ``In the case of the standard established by paragraphs (20) and (21) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of those paragraphs.''.

This bill amends the Public Utility Regulatory Policies Act of 1978 to define "distributed resource" as an electric power source connected directly to the distribution network or on the customer side of the meter. State regulatory authorities shall by certain deadlines: establish proceedings to examine the degree to which distributed resources contribute specified ancillary services, such as reactive supply, energy imbalance, and flexibility and ramping services, among others; prescribe measures to ensure adequate ancillary services so that grid interconnection for distributed resources is safe, reliable, and efficient; examine the effects of net metering and customer-owned distributed generation on resource planning of each electric utility, and determine whether electricity rates established for net metering service are just and reasonable and not unduly preferential or discriminatory.

A bill to amend the Public Utility Regulatory Policies Act of 1978 to provide for the safe and reliable interconnection of distributed resources and to provide for the examination of the effects of net metering.

AND ENFORCEMENT ``Section 7.1. Good Faith Implementation. ``Each of the Parties pledges to support implementation of all provisions of this Compact, and covenants that its officers and agencies shall not hinder, impair, or prevent any other Party carrying out any provision of this Compact. ``Section 7.2. Alternative Dispute Resolution. ``1. Desiring that this Compact be carried out in full, the Parties agree that disputes between the Parties regarding interpretation, application and implementation of this Compact shall be settled by alternative dispute resolution. ``2. The Council, in consultation with the Provinces, shall provide by rule procedures for the resolution of disputes pursuant to this section. ``Section 7.3. Enforcement. ``1. Any Person aggrieved by any action taken by the Council pursuant to the authorities contained in this Compact shall be entitled to a hearing before the Council. Any Person aggrieved by a Party action shall be entitled to a hearing pursuant to the relevant Party's administrative procedures and laws. After exhaustion of such administrative remedies, (i) any aggrieved Person shall have the right to judicial review of a Council action in the United States District Courts for the District of Columbia or the District Court in which the Council maintains offices, provided such action is commenced within 90 days; and, (ii) any aggrieved Person shall have the right to judicial review of a Party's action in the relevant Party's court of competent jurisdiction, provided that an action or proceeding for such review is commenced within the time frames provided for by the Party's law. For the purposes of this paragraph, a State or Province is deemed to be an aggrieved Person with respect to any Party action pursuant to this Compact. ``2. a. Any Party or the Council may initiate actions to compel compliance with the provisions of this Compact, and the rules and regulations promulgated hereunder by the Council. Jurisdiction over such actions is granted to the court of the relevant Party, as well as the United States District Courts for the District of Columbia and the District Court in which the Council maintains offices. The remedies available to any such court shall include, but not be limited to, equitable relief and civil penalties. ``b. Each Party may issue orders within its respective jurisdiction and may initiate actions to compel compliance with the provisions of its respective statutes and regulations adopted to implement the authorities contemplated by this Compact in accordance with the provisions of the laws adopted in each Party's jurisdiction. ``3. Any aggrieved Person, Party or the Council may commence a civil action in the relevant Party's courts and administrative systems to compel any Person to comply with this Compact should any such Person, without approval having been given, undertake a New or Increased Withdrawal, Consumptive Use or Diversion that is prohibited or subject to approval pursuant to this Compact. ``a. No action under this subsection may be commenced if: ``i. The Originating Party or Council approval for the New or Increased Withdrawal, Consumptive Use or Diversion has been granted; or, ``ii. The Originating Party or Council has found that the New or Increased Withdrawal, Consumptive Use or Diversion is not subject to approval pursuant to this Compact. ``b. No action under this subsection may be commenced unless: ``i. A Person commencing such action has first given 60 days prior notice to the Originating Party, the Council and Person alleged to be in noncompliance; and, ``ii. Neither the Originating Party nor the Council has commenced and is diligently prosecuting appropriate enforcement actions to compel compliance with this Compact. The available remedies shall include equitable relief, and the prevailing or substantially prevailing party may recover the costs of litigation, including reasonable attorney and expert witness fees, whenever the court determines that such an award is appropriate. ``4. Each of the Parties may adopt provisions providing additional enforcement mechanisms and remedies including equitable relief and civil penalties applicable within its jurisdiction to assist in the implementation of this Compact. ``ARTICLE 8 ``ADDITIONAL PROVISIONS ``Section 8.1. Effect on Existing Rights. ``1. Nothing in this Compact shall be construed to affect, limit, diminish or impair any rights validly established and existing as of the effective date of this Compact under State or federal law governing the Withdrawal of Waters of the Basin. ``2. Nothing contained in this Compact shall be construed as affecting or intending to affect or in any way to interfere with the law of the respective Parties relating to common law Water rights. ``3. Nothing in this Compact is intended to abrogate or derogate from treaty rights or rights held by any Tribe recognized by the federal government of the United States based upon its status as a Tribe recognized by the federal government of the United States. ``4. An approval by a Party or the Council under this Compact does not give any property rights, nor any exclusive privileges, nor shall it be construed to grant or confer any right, title, easement, or interest in, to or over any land belonging to or held in trust by a Party; neither does it authorize any injury to private property or invasion of private rights, nor infringement of federal, State or local laws or regulations; nor does it obviate the necessity of obtaining federal assent when necessary. ``Section 8.2. Relationship to Agreements Concluded by the United States of America. ``1. Nothing in this Compact is intended to provide nor shall be construed to provide, directly or indirectly, to any Person any right, claim or remedy under any treaty or international agreement nor is it intended to derogate any right, claim, or remedy that already exists under any treaty or international agreement. ``2. Nothing in this Compact is intended to infringe nor shall be construed to infringe upon the treaty power of the United States of America, nor shall any term hereof be construed to alter or amend any treaty or term thereof that has been or may hereafter be executed by the United States of America. ``3. Nothing in this Compact is intended to affect nor shall be construed to affect the application of the Boundary Waters Treaty of 1909 whose requirements continue to apply in addition to the requirements of this Compact. ``Section 8.3. Confidentiality. ``1. Nothing in this Compact requires a Party to breach confidentiality obligations or requirements prohibiting disclosure, or to compromise security of commercially sensitive or proprietary information. ``2. A Party may take measures, including but not limited to deletion and redaction, deemed necessary to protect any confidential, proprietary or commercially sensitive information when distributing information to other Parties. The Party shall summarize or paraphrase any such information in a manner sufficient for the Council to exercise its authorities contained in this Compact. ``Section 8.4. Additional Laws. ``Nothing in this Compact shall be construed to repeal, modify or qualify the authority of any Party to enact any legislation or enforce any additional conditions and restrictions regarding the management and regulation of Waters within its jurisdiction. ``Section 8.5. Amendments and Supplements. ``The provisions of this Compact shall remain in full force and effect until amended by action of the governing bodies of the Parties and consented to and approved by any other necessary authority in the same manner as this Compact is required to be ratified to become effective. ``Section 8.6. Severability. ``Should a court of competent jurisdiction hold any part of this Compact to be void or unenforceable, it shall be considered severable from those portions of the Compact capable of continued implementation in the absence of the voided provisions. All other provisions capable of continued implementation shall continue in full force and effect. ``Section 8.7. Duration of Compact and Termination. ``Once effective, the Compact shall continue in force and remain binding upon each and every Party unless terminated. ``This Compact may be terminated at any time by a majority vote of the Parties. In the event of such termination, all rights established under it shall continue unimpaired. ``ARTICLE 9 ``EFFECTUATION ``Section 9.1. Repealer. ``All acts and parts of acts inconsistent with this act are to the extent of such inconsistency hereby repealed. ``Section 9.2. Effectuation by Chief Executive. ``The Governor is authorized to take such action as may be necessary and proper in his or her discretion to effectuate the Compact and the initial organization and operation thereunder. ``Section 9.3. Entire Agreement. ``The Parties consider this Compact to be complete and an integral whole. Each provision of this Compact is considered material to the entire Compact, and failure to implement or adhere to any provision may be considered a material breach. Unless otherwise noted in this Compact, any change or amendment made to the Compact by any Party in its implementing legislation or by the U.S. Congress when giving its consent to this Compact is not considered effective unless concurred in by all Parties. ``Section 9.4. Effective Date and Execution. ``This Compact shall become binding and effective when ratified through concurring legislation by the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania and consented to by the Congress of the United States. This Compact shall be signed and sealed in nine identical original copies by the respective chief executives of the signatory Parties. One such copy shall be filed with the Secretary of State of each of the signatory Parties or in accordance with the laws of the state in which the filing is made, and one copy shall be filed and retained in the archives of the Council upon its organization. The signatures shall be affixed and attested under the following form: ``In Witness Whereof, and in evidence of the adoption and enactment into law of this Compact by the legislatures of the signatory parties and consent by the Congress of the United States, the respective Governors do hereby, in accordance with the authority conferred by law, sign this Compact in nine duplicate original copies, attested by the respective Secretaries of State, and have caused the seals of the respective states to be hereunto affixed this ____ day of (month), (year).''. SEC. 2. RIGHT TO ALTER, AMEND, OR APPEAL. Congress expressly reserves the right to alter, amend, or repeal this Act.

Grants congressional consent to and approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact entered into between the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, and the Commonwealth of Pennsylvania. Reserves the right to alter, amend, or repeal this Act.

To express the consent and approval of Congress to an interstate compact regarding water resources in the Great Lakes-St. Lawrence River Basin.

SECTION 1. NOXIOUS WEED CONTROL AND ERADICATION. The Plant Protection Act (7 U.S.C. 7701 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle E--Noxious Weed Control and Eradication ``SEC. 451. SHORT TITLE. ``This subtitle may be cited as the `Noxious Weed Control and Eradication Act of 2004'. ``SEC. 452. DEFINITIONS. ``In this subtitle: ``(1) Indian tribe.--The term `Indian Tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(2) Weed management entity.--The term `weed management entity' means an entity that-- ``(A) is recognized by the State in which it is established; ``(B) is established for the purpose of or has demonstrable expertise and significant experience in controlling or eradicating noxious weeds and increasing public knowledge and education concerning the need to control or eradicate noxious weeds; ``(C) may be multijurisdictional and multidisciplinary in nature; ``(D) may include representatives from Federal, State, local, or, where applicable, Indian Tribe governments, private organizations, individuals, and State-recognized conservation districts or State-recognized weed management districts; and ``(E) has existing authority to perform land management activities on Federal land if the proposed project or activity is on Federal lands. ``(3) Federal lands.--The term `Federal lands' means those lands owned and managed by the United States Forest Service or the Bureau of Land Management. ``SEC. 453. ESTABLISHMENT OF PROGRAM. ``(a) In General.--The Secretary shall establish a program to provide financial and technical assistance to control or eradicate noxious weeds. ``(b) Grants.--Subject to the availability of appropriations under section 457(a), the Secretary shall make grants under section 454 to weed management entities for the control or eradication of noxious weeds. ``(c) Agreements.--Subject to the availability of appropriations under section 457(b), the Secretary shall enter into agreements under section 455 with weed management entities to provide financial and technical assistance for the control or eradication of noxious weeds. ``SEC. 454. GRANTS TO WEED MANAGEMENT ENTITIES. ``(a) Consultation and Consent.--In carrying out a grant under this subtitle, the weed management entity and the Secretary shall-- ``(1) if the activities funded under the grant will take place on Federal land, consult with the heads of the Federal agencies having jurisdiction over the land; or ``(2) obtain the written consent of the non-Federal landowner. ``(b) Grant Considerations.--In determining the amount of a grant to a weed management entity, the Secretary shall consider-- ``(1) the severity or potential severity of the noxious weed problem; ``(2) the extent to which the Federal funds will be used to leverage non-Federal funds to address the noxious weed problem; ``(3) the extent to which the weed management entity has made progress in addressing the noxious weeds problem; and ``(4) other factors that the Secretary determines to be relevant. ``(c) Use of Grant Funds; Cost Shares.-- ``(1) Use of grants.--A weed management entity that receives a grant under subsection (a) shall use the grant funds to carry out a project authorized by subsection (d) for the control or eradication of a noxious weed. ``(2) Cost shares.-- ``(A) Federal cost share.--The Federal share of the cost of carrying out an authorized project under this section exclusively on non-Federal land shall not exceed 50 percent. ``(B) Form of non-federal cost share.--The non-Federal share of the cost of carrying out an authorized project under this section may be provided in cash or in kind. ``(d) Authorized Projects.--Projects funded by grants under this section include the following: ``(1) Education, inventories and mapping, management, monitoring, methods development, and other capacity building activities, including the payment of the cost of personnel and equipment that promote control or eradication of noxious weeds. ``(2) Other activities to control or eradicate noxious weeds or promote control or eradication of noxious weeds. ``(e) Application.--To be eligible to receive assistance under this section, a weed management entity shall prepare and submit to the Secretary an application containing such information as the Secretary shall by regulation require. ``(f) Selection of Projects.--Projects funded under this section shall be selected by the Secretary on a competitive basis, taking into consideration the following: ``(1) The severity of the noxious weed problem or potential problem addressed by the project. ``(2) The likelihood that the project will prevent or resolve the problem, or increase knowledge about resolving similar problems. ``(3) The extent to which the Federal funds will leverage non- Federal funds to address the noxious weed problem addressed by the project. ``(4) The extent to which the program will improve the overall capacity of the United States to address noxious weed control and management. ``(5) The extent to which the weed management entity has made progress in addressing noxious weed problems. ``(6) The extent to which the project will provide a comprehensive approach to the control or eradication of noxious weeds. ``(7) The extent to which the project will reduce the total population of noxious weeds. ``(8) The extent to which the project promotes cooperation and participation between States that have common interests in controlling and eradicating noxious weeds. ``(9) Other factors that the Secretary determines to be relevant. ``(g) Regional, State, and Local Involvement.--In determining which projects receive funding under this section, the Secretary shall, to the maximum extent practicable-- ``(1) rely on technical and merit reviews provided by regional, State, or local weed management experts; and ``(2) give priority to projects that maximize the involvement of State, local and, where applicable, Indian Tribe governments. ``(h) Special Consideration.--The Secretary shall give special consideration to States with approved weed management entities established by Indian Tribes and may provide an additional allocation to a State to meet the particular needs and projects that the weed management entity plans to address. ``SEC. 455. AGREEMENTS. ``(a) Consultation and Consent.--In carrying out an agreement under this section, the Secretary shall-- ``(1) if the activities funded under the agreement will take place on Federal land, consult with the heads of the Federal agencies having jurisdiction over the land; or ``(2) obtain the written consent of the non-Federal landowner. ``(b) Application of Other Laws.--The Secretary may enter into agreements under this section with weed management entities notwithstanding sections 6301 through 6309 of title 31, United States Code, and other laws relating to the procurement of goods and services for the Federal Government. ``(c) Eligible Activities.--Activities carried out under an agreement under this section may include the following: ``(1) Education, inventories and mapping, management, monitoring, methods development, and other capacity building activities, including the payment of the cost of personnel and equipment that promote control or eradication of noxious weeds. ``(2) Other activities to control or eradicate noxious weeds. ``(d) Selection of Activities.--Activities funded under this section shall be selected by the Secretary taking into consideration the following: ``(1) The severity of the noxious weeds problem or potential problem addressed by the activities. ``(2) The likelihood that the activity will prevent or resolve the problem, or increase knowledge about resolving similar problems. ``(3) The extent to which the activity will provide a comprehensive approach to the control or eradication of noxious weeds. ``(4) The extent to which the program will improve the overall capacity of the United States to address noxious weed control and management. ``(5) The extent to which the project promotes cooperation and participation between States that have common interests in controlling and eradicating noxious weeds. ``(6) Other factors that the Secretary determines to be relevant. ``(e) Regional, State, and Local Involvement.--In determining which activities receive funding under this section, the Secretary shall, to the maximum extent practicable-- ``(1) rely on technical and merit reviews provided by regional, State, or local weed management experts; and ``(2) give priority to activities that maximize the involvement of State, local, and, where applicable, representatives of Indian Tribe governments. ``(f) Rapid Response Program.--At the request of the Governor of a State, the Secretary may enter into a cooperative agreement with a weed management entity in that State to enable rapid response to outbreaks of noxious weeds at a stage which rapid eradication and control is possible and to ensure eradication or immediate control of the noxious weeds if-- ``(1) there is a demonstrated need for the assistance; ``(2) the noxious weed is considered to be a significant threat to native fish, wildlife, or their habitats, as determined by the Secretary; ``(3) the economic impact of delaying action is considered by the Secretary to be substantial; and ``(4) the proposed response to such threat-- ``(A) is technically feasible; ``(B) economically responsible; and ``(C) minimizes adverse impacts to the structure and function of an ecosystem and adverse effects on nontarget species and ecosystems. ``SEC. 456. RELATIONSHIP TO OTHER PROGRAMS. ``Funds under this Act (other than those made available for section 455(f)) are intended to supplement, not replace, assistance available to weed management entities, areas, and districts for control or eradication of noxious weeds on Federal lands and non-Federal lands. The provision of funds to a weed management entity under this Act (other than those made available for section 455(f)) shall have no effect on the amount of any payment received by a county from the Federal Government under chapter 69 of title 31, United States Code. ``SEC. 457. AUTHORIZATION OF APPROPRIATIONS. ``(a) Grants.--To carry out section 454, there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs. ``(b) Agreements.--To carry out section 455 of this subtitle, there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs of Federal agencies.''. SEC. 2. TECHNICAL AMENDMENT. The table of sections in section 1(b) of the Agricultural Risk Protection Act of 2000 is amended by inserting after the item relating to section 442 the following: ``Subtitle E--Noxious Weed Control and Eradication ``Sec. 451. Short title. ``Sec. 452. Definitions. ``Sec. 453. Establishment of program. ``Sec. 454. Grants to weed management entities. ``Sec. 455. Agreements. ``Sec. 456. Relationship to other programs. ``Sec. 457. Authorization of Appropriations.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Noxious Weed Control and Eradication Act of 2004 - Amends the Plant Protection Act to direct the Secretary of Agriculture to establish a grant program to provide financial and technical assistance to weed management entities to control or eradicate noxious weeds. Sets forth criteria for making grants to weed management entities and for the selection for funding of weed eradication projects. Directs the Secretary to give special consideration to States with approved weed management entities established by Indian tribes. Authorizes the Secretary to enter into agreements with weed management entities for funding of weed eradication activities that take into consideration various factors, including: (1) the severity of the noxious weeds problem or potential problem; (2) the likelihood that the activities will prevent or resolve the weed problem or increase knowledge about resolving similar problems; (3) the extent to which the activities will provide a comprehensive approach to the control or eradication of noxious weeds; (4) the extent to which the activities will improve the overall capacity of the United States to address noxious weed problems; and (5) the extent to which the activities promote cooperation and participation between States that have a common interest in controlling and eradicating noxious weeds. Authorizes the Secretary to enter into a cooperative agreement with weed management entities to enable rapid response to outbreaks of noxious weeds. States that the assistance authorized under this Act is meant to supplement, and not replace, other assistance available for control or eradication of harmful, invasive weeds on public and private lands. Authorizes appropriations for FY 2005 through 2009. Limits funding for administrative costs to five percent of available funds.

An Act to require the Secretary of Agriculture to establish a program to provide assistance to eligible weed management entities to control or eradicate noxious weeds on public and private land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Federal Statistical System Act of 1996''. SEC. 2. FINDINGS. The Congress, recognizing the importance of statistical information in the development and administration of policies for the private and public sector, finds that-- (1) accurate Federal statistics are required to develop, implement, and evaluate government policies and laws; (2) Federal spending consistent with legislative intent requires accurate and appropriate statistical information; (3) business and individual economic decisions are influenced by Federal statistics and contracts are often based on such statistics; (4) statistical information on the manufacturing and agricultural sectors is more complete than statistical information regarding the service sector which employs more than half the Nation's workforce; (5) experts in the private and public sector have long- standing concerns about the accuracy and adequacy of numerous Federal statistics, including the Consumer Price Index, gross domestic product, trade data, wage data, and the poverty rate; (6) Federal statistical data should be accurate, consistent, and continuous; (7) the Federal statistical infrastructure should be modernized to accommodate the increasingly complex and ever changing American economy; (8) Federal statistical agencies should utilize all practical technologies to disseminate statistics to the public; and (9) the Federal statistical infrastructure should maintain the privacy of individuals. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Commission to Study the Federal Statistical System (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 13 members of whom-- (A) 5 shall be appointed by the President; (B) 4 shall be appointed by the President pro tempore of the Senate, in consultation with the majority leader and minority leader of the Senate; and (C) 4 shall be appointed by the Speaker of the House of Representatives, in consultation with the majority leader and minority leader of the House of Representatives. (2) Political party limitation.--(A) Of the 5 members of the Commission appointed under paragraph (1)(A), no more than 3 members may be members of the same political party. (B) Of the 4 members of the Commission appointed under subparagraphs (B) and (C) of paragraph (1), respectively, no more than 2 members may be members of the same political party. (3) Consultation before appointments.--In making appointments under paragraph (1), the President, the President pro tempore of the Senate, and the Speaker of the House of Representatives shall consult with the National Science Foundation and appropriate professional organizations, such as the American Economic Association and the American Statistical Association. (4) Qualifications.--An individual appointed to serve on the Commission-- (A) shall have expertise in statistical policy and a background in such disciplines as actuarial science, demography, economics, and finance; (B) may not be a Federal officer or employee; and (C) should be an academician, a statistics user in the private sector, or a former government official with experience related to-- (i) the Bureau of Labor Statistics of the Department of Labor; or (ii) the Bureau of Economic Analysis or the Bureau of the Census of the Department of Commerce. (5) Date.--The appointments of the members of the Commission shall be made no later than 150 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman.--The President shall designate a Chairman of the Commission from among the members. SEC. 4. FUNCTIONS OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a comprehensive study of all matters relating to the Federal statistical infrastructure, including longitudinal surveys conducted by private agencies and partially funded by the Federal Government. (2) Study and recommendations.--The matters studied by and recommendations of the Commission shall include-- (A) an examination of multipurpose statistical agencies that collect and analyze data of broad interest across department and function areas, such as the Bureau of Economic Analysis and the Bureau of the Census of the Commerce Department, and the Bureau of Labor Statistics of the Labor Department; (B) a review and evaluation of the collection of data for purposes of administering such programs as Old-Age, Survivors and Disability Insurance and Unemployment Insurance under the Social Security Act; (C) a review and evaluation of the mission and organization of various statistical agencies, including-- (i) recommendations with respect to statistical activities that should be expanded or deleted; (ii) the order of priority such activities should be carried out; (iii) a review of the advantages and disadvantages of a centralized statistical agency or a partial consolidation of the agencies for the Federal Government; and (iv) an assessment of which agencies could be consolidated into such an agency; (D) an examination of the methodology involved in producing official data and recommendations for technical changes to improve statistics; (E) an evaluation of the accuracy and appropriateness of key statistical indicators and recommendations of ways to improve such accuracy and appropriateness; (F) a review of interagency coordination of statistical data and recommendations of methods to standardize collection procedures and surveys, as appropriate, and presentation of data throughout the Federal system; (G) a review of information technology and recommendations of appropriate methods for disseminating statistical data, with special emphasis on resources, such as the Internet, that allow the public to obtain information in a timely and cost- effective manner; (H) an examination of individual privacy in the context of statistical data; (I) a comparison of the United States statistical system to statistical systems of other nations; (J) a consideration of the coordination of statistical data with other nations and international agencies, such as the Organization for Economic Cooperation and Development; and (K) a recommendation of a strategy for maintaining a modern and efficient Federal statistical infrastructure as the needs of the United States change. (b) Report.-- (1) Interim report.--No later than June 1, 1998, the Commission shall submit an interim report on the study conducted under subsection (a) to the President and to the Congress. (2) Final report.--No later than January 15, 1999, the Commission shall submit a final report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, and recommendations for such legislation and administrative actions as the Commission considers appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--Subject to paragraph (2), each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Chairman.--The Chairman shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. Such travel may include travel outside the United States. (c) Staff.-- (1) In general.--Subject to paragraph (2), the Commission shall, without regard to the provisions of title 5, United States Code, relating to the competitive service, appoint an executive director who shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 of title 5, United States Code. The Commission shall appoint such additional personnel as the Commission determines to be necessary to provide support for the Commission, and may compensate such additional personnel without regard to the provisions of title 5, United States Code, relating to the competitive service. (2) Limitation.--The total number of employees of the Commission (including the executive director) may not exceed 30. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the final report of the Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $2,500,000 for fiscal year 1997, $5,000,000 for fiscal year 1998, and $2,500,000 for fiscal year 1999 to the Commission to carry out the purposes of this Act.

Commission to Study the Federal Statistical System Act of 1996 - Establishes the Commission to Study the Federal Statistical System. Directs the Commission to study all matters relating to Federal statistical infrastructure, including longitudinal surveys conducted by private agencies and partially funded by the Federal Government. Authorizes appropriations.

Commission to Study the Federal Statistical System Act of 1996

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Graduate Opportunities in Higher Education Act of 2005''. (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. JAVITS FELLOWSHIP PROGRAM. (a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is amended by adding at the end the following new sentence: ``In the case of other exceptional circumstances, such as active duty military service or personal or family member illness, the institution of higher education may also permit the fellowship recipient to interrupt periods of study for the duration of the tour of duty (in the case of military service) or not more than 12 months (in any other case), but without payment of the stipend.''. (b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended-- (1) in the first sentence, by inserting ``from diverse geographic regions'' after ``higher education''; and (2) by adding at the end the following new sentence: ``The Secretary shall also assure that at least one representative appointed to the Board represents an institution that is eligible for a grant under title III or V of this Act.''. (c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended-- (1) in subsection (a)-- (A) by striking ``1999-2000'' and inserting ``2006- 2007''; (B) by striking ``shall be set'' and inserting ``may be set''; and (C) by striking ``Foundation graduate fellowships'' and inserting ``Foundation Graduate Research Fellowship Program''; and (2) in subsection (b), by amending paragraph (1)(A) to read as follows: ``(1) In general.--(A) The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be, for 2006-2007 and succeeding academic years, the same amount as the institutional payment made for 2005-2006 adjusted for 2006-2007 and annually thereafter in accordance with inflation as determined by the Department of Labor's Consumer Price Index for the previous calendar year.''. (d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''. SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED. (a) Designation of Areas of National Need; Priority.--Section 712 (20 U.S.C. 1135a) is amended-- (1) in the last sentence of subsection (b)-- (A) by striking ``and an assessment'' and inserting ``an assessment''; and (B) by inserting before the period at the end the following: ``, and the priority described in subsection (c) of this section''; and (2) by adding at the end the following new subsection: ``(c) Priority.--The Secretary shall establish a priority for grants in order to prepare individuals for the professoriate who will train highly-qualified elementary and secondary school teachers of math, science, and special education, and teachers who provide instruction for limited English proficient individuals. Such grants shall offer program assistance and graduate fellowships for-- ``(1) post-baccalaureate study related to teacher preparation and pedagogy in math and science for students who have completed a master's degree or are pursuing a doctorate of philosophy in math and science; ``(2) post-baccalaureate study related to teacher preparation and pedagogy in special education and English language acquisition and academic proficiency for limited English proficient individuals; and ``(3) support of dissertation research in the fields of math, science, special education, or second language pedagogy and second language acquisition.''. (b) Collaboration Required for Certain Applications.--Section 713(b) (20 U.S.C. 1135b) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following new paragraph: ``(10) in the case of an application for a grant by a department, program, or unit in education or teacher preparation, contain assurances that such department, program, or unit collaborates with departments, programs, or units in all content areas to assure a successful combination of training in both teaching and such content; and''. (c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended-- (1) by striking ``1999-2000'' and inserting ``2006-2007''; (2) by striking ``shall be set'' and inserting ``may be set''; and (3) by striking ``Foundation graduate fellowships'' and inserting ``Foundation Graduate Research Fellowship Program''. (d) Additional Assistance.--Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended-- (1) by striking ``1999-2000'' and inserting ``2006-2007''; and (2) by striking ``1998-1999'' and inserting ``2006-2007''. (e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''. (f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is amended-- (1) by striking ``section 716(a)'' and inserting ``section 715(a)''; and (2) by striking ``section 714(b)(2)'' and inserting ``section 713(b)(2)''. SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. (a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C. 1136(c)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) to prepare such students for study at accredited law schools and assist them with the development of analytical skills and study methods to enhance their success and promote completion of law school;''; (2) by striking ``and'' at the end of paragraph (4); (3) by striking the period at the end of paragraph (5) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(6) to award Thurgood Marshall Fellowships to eligible law school students-- ``(A) who participated in summer institutes authorized by subsection (d) and who are enrolled in an accredited law school; or ``(B) who are eligible law school students who have successfully completed a comparable summer institute program certified by the Council on Legal Educational Opportunity.''. (b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C. 1136(d)(1)(D)) is amended by inserting ``in analytical skills and study methods'' after ``courses''. (c) Authorization of Appropriations.--Section 721(h) (20 U.S.C. 1136(h)) is amended by striking ``1999 and each of the 4 succeeding fiscal years'' and inserting ``2006 and each of the 5 succeeding fiscal years''. (d) General Provisions.--Subsection (e) of section 731 (20 U.S.C. 1137(e)) is repealed. SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION. (a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C. 1138(a)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) the encouragement of the reform and improvement of, and innovation in, postsecondary education and the provision of educational opportunity for all, especially for the non- traditional student populations;''; (2) in paragraph (2), by inserting before the semicolon at the end the following: ``for postsecondary students, especially those that provide academic credit for programs''; (3) by amending paragraph (3) to read as follows: ``(3) the establishment of institutions and programs based on the technology of communications, including delivery by distance education;''; and (4) by amending paragraph (6) to read as follows: ``(6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering postsecondary institutions and pursuing programs of postsecondary study tailored to individual needs;''. (b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is amended by striking paragraph (4) and inserting the following: ``(4) International cooperation, partnerships, or student exchange among postsecondary educational institutions in the United States and abroad. ``(5) Establishment of academic programs including graduate and undergraduate courses, seminars and lectures, support of research, and development of teaching materials for the purpose of supporting faculty and academic programs that teach traditional American history (including significant constitutional, political, intellectual, economic, diplomatic, and foreign policy trends, issues, and documents; the history, nature, and development of democratic institutions of which American democracy is a part; and significant events and individuals in the history of the United States). ``(6) Support for planning, applied research, training, resource exchanges or technology transfers, the delivery of services, or other activities the purpose of which is to design and implement programs to enable institutions of higher education to work with private and civic organizations to assist communities to meet and address their pressing and severe problems, including economic development, community infrastructure and housing, crime prevention, education, healthcare, self sufficiency, and workforce preparation.''. (c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d) is amended by striking ``$30,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$40,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years'' . SEC. 6. URBAN COMMUNITY SERVICE. Part C of title VII (20 U.S.C. 1139 et seq.) is repealed. SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION. (a) Serving All Students With Disabilities.--Section 762(a) (20 U.S.C. 1140a(a)) is amended by striking ``students with learning disabilities'' and inserting ``students with disabilities''. (b) Authorized Activities.-- (1) Amendment.--Section 762(b)(2) is amended-- (A) in subparagraph (A), by inserting ``in order to improve retention and completion'' after ``disabilities''; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (E), respectively; (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) Effective transition practices.--The development of innovative, effective, and efficient teaching methods and strategies to ensure the smooth transition of students with disabilities from high school to postsecondary education.''; and (D) by inserting after subparagraph (C) (as redesignated by subparagraph (B) of this paragraph) the following new subparagraph: ``(D) Distance learning.--The development of innovative, effective, and efficient teaching methods and strategies to provide faculty and administrators with the ability to provide accessible distance education programs or classes that would enhance access of students with disabilities to higher education, including the use of electronic communication for instruction and advisement.''. (2) Conforming amendment.--Section 762(b)(3) is amended by striking ``subparagraphs (A) through (C)'' and inserting ``subparagraphs (A) through (E)''. (c) Applications.--Section 763 (20 U.S.C. 1140b) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) a description of how such institution plans to address the activities allowed under this part;''; (2) by striking ``and'' at the end of paragraph (2); (3) by striking the period at the end of paragraph (3) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(4) a description of the extent to which an institution will work to replicate the best practices of institutions of higher education with demonstrated success in serving students with disabilities.''. (d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''.

Graduate Opportunities in Higher Education Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to revise requirements and reauthorize appropriations for the following Graduate and Postsecondary Improvement Programs under title VII: (1) the Jacob K. Javits fellowship program; (2) the program of graduate assistance in areas of national need; (3) the Thurgood Marshall legal educational opportunity program; (4) the Fund for the Improvement of Postsecondary Education; and (5) demonstration projects to ensure that students with disabilities receive a quality higher education. Eliminates the Urban Community Service program and certain continuation awards.

To amend and extend title VII of the Higher Education Act of 1965.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there is pending before the United States Court of Federal Claims a civil action filed by the Pueblo against the United States in which the Pueblo seeks to recover damages pursuant to the Isleta Jurisdictional Act; (2) the Pueblo and the United States, after a diligent investigation of the Pueblo claims, have negotiated a Settlement Agreement, the validity and effectiveness of which is contingent on the enactment of enabling legislation; (3) certain land of the Pueblo is waterlogged, and it would be to the benefit of the Pueblo and other water users to drain the land and return water to the Rio Grande River; and (4) there is Pueblo forest land in need of remediation in order to improve timber yields, reduce the threat of fire, reduce erosion, and improve grazing conditions. (b) Purposes.--The purposes of this Act are-- (1) to improve the drainage of the irrigated land, the health of the forest land, and other natural resources of the Pueblo; and (2) to settle all claims that were raised or could have been raised by the Pueblo against the United States under the Isleta Jurisdictional Act in accordance with section 5. SEC. 3. DEFINITIONS. In this Act: (1) Isleta jurisdictional act.--The term ``Isleta Jurisdictional Act'' means Public Law 104-198 (110 Stat. 2418). (2) Pueblo.--The term ``Pueblo'' means the Pueblo of Isleta, a federally-recognized Indian tribe. (3) Restoration fund.--The term ``Restoration Fund'' means the Pueblo of Isleta Natural Resources Restoration Fund established by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Settlement agreement.--The term ``Settlement Agreement'' means the Agreement of Compromise and Settlement entered into between the United States and the Pueblo dated July 12, 2005, as modified by the Extension and Modification Agreement executed by the United States and the Pueblo on June 22, 2006, to settle the claims of the Pueblo in Docket No. 98- 166L, a case pending in the United States Court of Federal Claims. SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RESTORATION TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the ``Pueblo of Isleta Natural Resources Restoration Fund'', consisting of-- (1) such amounts as are transferred to the Restoration Fund under subsection (b); and (2) any interest earned on investment of amounts in the Restoration Fund under subsection (d). (b) Transfers to Restoration Fund.--Upon entry of the final judgment described in section 5(b), there shall be transferred to the Restoration Fund, in accordance with conditions specified in the Settlement Agreement and this Act-- (1) $32,838,750 from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code; and (2) in addition to the amounts transferred under paragraph (1), at such times and in such amounts as are specified for that purpose in the annual budget of the Department of the Interior, authorized to be appropriated by subsection (f), and made available by an Act of appropriation, a total of $7,200,000. (c) Distribution of Amounts From Restoration Fund.-- (1) Appropriated amounts.-- (A) In general.--Subject to paragraph (3), upon the request of the Pueblo, the Secretary shall distribute amounts deposited in the Restoration Fund pursuant to section V of the Settlement Agreement and subsection (b)(2), in accordance with the terms and conditions of the Settlement Agreement and this Act, on the condition that the Secretary, before any such distribution, receives from the Pueblo such assurances as are satisfactory to the Secretary that-- (i) the Pueblo shall deliver funds in the amount of $7,100,000 toward drainage and remediation of the agricultural land and rehabilitation of forest and range land of the Pueblo in accordance with section IV(C) and IV(D) of the Settlement Agreement; and (ii) those funds shall be available for expenditure for drainage and remediation expenses as provided in sections IV(C) and IV(D) of the Settlement Agreement on the dates on which the Secretary makes distributions, and in amounts equal to the amounts so distributed, in accordance with sections IV(A) and IV(B) of the Settlement Agreement. (B) Use of funds.--Of the amounts distributed by the Secretary from the Restoration Fund under subparagraph (A)-- (i) $5,700,000 shall be available to the Pueblo for use in carrying out the drainage and remediation of approximately 1,081 acres of waterlogged agricultural land, as described in section IV(A) of the Settlement Agreement; and (ii) $1,500,000 shall be available to the Pueblo for use in carrying out the rehabilitation and remediation of forest and range land, as described in section IV(B) of the Settlement Agreement. (C) Federal consultation.--Restoration work carried out using funds distributed under this paragraph shall be planned and performed in consultation with-- (i) the Bureau of Indian Affairs; and (ii) such other Federal agencies as are necessary. (D) Unused funds.--Any funds, including any interest income, that are distributed under this paragraph but that are not needed to carry out this paragraph shall be available for use in accordance with paragraph (2)(A). (2) Amounts from judgment fund.-- (A) In general.--Subject to paragraph (3), the amount paid into the Restoration Fund under subsection (b)(1), and interest income resulting from investment of that amount, shall be available to the Pueblo for-- (i) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo, including improvements to the water supply and sewage treatment facilities of the Pueblo; and (ii) for the payment and reimbursement of attorney and expert witness fees and expenses incurred in connection with Docket No. 98-166L of the United States Court of Federal Claims, as provided in the Settlement Agreement. (B) No contingency on provision of funds by pueblo.--The receipt and use of funds by the Pueblo under this paragraph shall not be contingent upon the provision by the Pueblo of the funds described in paragraph (1)(A)(i). (3) Expenditures and withdrawal.-- (A) Tribal management plan.-- (i) In general.--Subject to clause (ii), the Pueblo may withdraw all or part of the Restoration Fund on approval by the Secretary of a tribal management plan in accordance with section 202 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4022). (ii) Requirements.--In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), a tribal management plan described in clause (i) shall require that the Pueblo shall expend any funds withdrawn from the Restoration Fund under this paragraph in a manner consistent with the purposes described in the Settlement Agreement. (B) Enforcement.--The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan described in subparagraph (A)(i) to ensure that any funds withdrawn from the Restoration Fund under this paragraph are used in accordance with this Act. (C) Liability.--If the Pueblo exercises the right to withdraw funds from the Restoration Fund under this paragraph, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the accounting, disbursement, or investment of the funds withdrawn. (D) Expenditure plan.-- (i) In general.--The Pueblo shall submit to the Secretary for approval an expenditure plan for any portion of the funds in the Restoration Fund made available under this Act that the Pueblo does not withdraw under this paragraph. (ii) Description.--The expenditure plan shall describe the manner in which, and the purposes for which, funds of the Pueblo remaining in the Restoration Fund will be used. (iii) Approval.--On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this Act and the Settlement Agreement. (E) Annual report.--The Pueblo shall submit to the Secretary an annual report that describes expenditures from the Restoration Fund during the year covered by the report. (d) Maintenance and Investment of Restoration Fund.-- (1) In general.--The Restoration Fund and amounts in the Restoration Fund shall be maintained and invested by the Secretary of the Interior pursuant to the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648). (2) Credits to restoration fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Restoration Fund shall be credited to, and form a part of, the Restoration Fund. (e) Prohibition on Per-Capita Payments.--No portion of the amounts in the Restoration Fund shall be available for payment on a per-capita basis to members of the Pueblo. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Restoration Fund $7,200,000. SEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF LITIGATION, AND COMPENSATION TO PUEBLO. (a) Ratification of Settlement Agreement.--The Settlement Agreement is ratified. (b) Dismissal.--Not later than 90 days after the date of enactment of this Act, the Pueblo and the United States shall execute and file a joint stipulation for entry of final judgment in the case of Pueblo of Isleta v. United States, Docket 98-166L, in the United States Court of Federal Claims in such form and such manner as are acceptable to the Attorney General and the Pueblo. (c) Compensation.--After the date of enactment of this Act, in accordance with the Settlement Agreement, and upon entry of the final judgment described in subsection (b)-- (1) compensation to the Pueblo shall be paid from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code, in the total amount of $32,838,750 for all monetary damages and attorney fees, interest, and any other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L of the United States Court of Federal Claims; but (2) the Pueblo shall retain all rights, including the right to bring civil actions based on causes of action, relating to the removal of ordnance under-- (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (B) the Defense Environmental Restoration Program under section 2701 of title 10, United States Code; and (C) any contract entered into by the Pueblo for the removal of ordnance. (d) Other Limitations on Use of Funds.--The Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) shall not apply to funds distributed or withdrawn from the Restoration Fund under this Act. (e) No Effect on Land, Resources, or Water Rights.--Nothing in this Act affects the status of land and natural resources of the Pueblo or any water right of the Pueblo.

Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006 - Establishes in the Treasury the Pueblo of Isleta Natural Resources Restoration Fund for: (1) settlement of the claims of the Pueblo of Isleta; and (2) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo. Provides for the maintenance and investment of the restoration fund. Ratifies the Agreement of Compromise and Settlement entered into between the United States and the Pueblo on July 12, 2005, as modified by the Extension and Modification Agreement executed by the United States and the Pueblo on June 22, 2006, to settle the claims in the case of Pueblo of Isleta v. United States, Docket No. 98-166L, pending in the U.S. Court of Federal Claims. Directs the Pueblo and the United States to execute and file a joint stipulation for entry of final judgment in dismissal of such case. Provides for the payment of compensation to the Pueblo from the permanent judgment appropriation for all monetary damages and attorney fees, interest, and other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L.

A bill to compromise and settle all claims in the case of Pueblo of Isleta v. United States, to restore, improve, and develop the valuable on-reservation land and natural resources of the Pueblo, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Revenue Sharing Act of 2005''. SEC. 2. OUTER CONTINENTAL SHELF REVENUE SHARING. Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a) is amended-- (1) in subsection (a)-- (A) by striking paragraph (7); (B) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively; (C) in paragraph (8) (as redesignated by subparagraph (B)), by striking subparagraph (B) and inserting the following: ``(B) Inclusion.--The term `producing State' includes any State that begins production on a leased tract on or after the date of enactment of the Outer Continental Shelf Revenue Sharing Act of 2005, regardless of whether the leased tract was on any date subject to a leasing moratorium.''; and (D) in paragraph (9) (as redesignated by subparagraph (B)), by striking subparagraph (C); and (2) in subsection (b)(4), by striking subparagraph (E). SEC. 3. ESTABLISHMENT OF SEAWARD LATERAL BOUNDARIES FOR COASTAL STATES. Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) in the first sentence-- (A) by striking ``President shall'' and inserting ``Secretary shall by regulation''; and (B) by inserting before the period at the end the following: ``not later than 180 days after the date of enactment of the Outer Continental Shelf Revenue Sharing Act of 2005''; and (3) by adding at the end the following: ``(ii)(I) For purposes of this Act (including determining boundaries to authorize leasing and preleasing activities and any attributing revenues under this Act and calculating payments to producing States and coastal political subdivisions under section 31), the Secretary shall delineate the lateral boundaries between coastal States in areas of the Outer Continental shelf under exclusive Federal jurisdiction, to the extent of the exclusive economic zone of the United States, in accordance with article 15 of the United Nations Convention on the Law of the Sea of December 10, 1982. ``(II) This clause shall not affect any right or title to Federal submerged land on the outer Continental Shelf.''. SEC. 4. OPTION TO PETITION FOR LEASING WITHIN CERTAIN AREAS ON THE OUTER CONTINENTAL SHELF. Section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) is amended by adding at the end the following: ``(g) Leasing Within the Seaward Lateral Boundaries of Coastal States.-- ``(1) Definition of affected area.--In this subsection, the term `affected area' means any area located-- ``(A) in the areas of northern, central, and southern California and the areas of Oregon and Washington; ``(B) in the north, middle, or south planning area of the Atlantic Ocean; ``(C) in the eastern Gulf of Mexico planning area and lying-- ``(i) south of 26 degrees north latitude; and ``(ii) east of 86 degrees west longitude; or ``(D) in the Straits of Florida. ``(2) Restrictions on leasing.--The Secretary shall not offer for offshore leasing, preleasing, or any related activity-- ``(A) any area located on the outer Continental Shelf that, as of the date of enactment of this subsection, is designated as a marine sanctuary under the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); or ``(B) except as provided in paragraphs (3) and (4), during the period beginning on the date of enactment of this subsection and ending on June 30, 2012, any affected area. ``(3) Resource assessments.-- ``(A) In general.--Beginning on the date on which the Secretary delineates seaward lateral boundaries under section 4(a)(2)(A)(ii), a Governor of a State in which an affected area is located, with the consent of the legislature of the State, may submit to the Secretary a petition requesting a resource assessment of any area within the seaward lateral boundary of the State. ``(B) Eligible resources.--A petition for a resource assessment under subparagraph (A) may be for-- ``(i) oil and gas leasing; ``(ii) gas-only leasing; or ``(iii) any other energy source leasing, including renewable energy leasing. ``(C) Action by secretary.--Not later than 90 days after receipt of a petition under subparagraph (A), the Secretary shall approve the petition, unless the Secretary determines that a resource assessment of the area would create an unreasonable risk of harm to the marine, human, or coastal environment of the State. ``(D) Failure to act.--If the Secretary fails to approve or deny a petition in accordance with subparagraph (C)-- ``(i) the petition shall be considered to be approved; and ``(ii) a resource assessment of any appropriate area shall be carried out as soon as practicable. ``(E) Submission to state.--As soon as practicable after the date on which a petition is approved under subparagraph (C) or (D), the Secretary shall-- ``(i) complete the resource assessment for the area; and ``(ii) submit the completed resource assessment to the State. ``(4) Petition for leasing.-- ``(A) In general.--On receipt of a resource assessment under paragraph (3)(E)(ii), the Governor of a State in which an affected area is located, with the consent of the legislature of the State, may submit to the Secretary a petition requesting that the Secretary make available any land that is within the seaward lateral boundaries of the State (as established under section 4(a)(2)(A)(ii)) and that is greater than 20 miles from the coastline of the State for the conduct of offshore leasing, pre-leasing, or related activities with respect to-- ``(i) oil and gas leasing; ``(ii) gas-only leasing; or ``(iii) any other energy source leasing, including renewable energy leasing. ``(B) Action by secretary.--Not later than 90 days after receipt of a petition under subparagraph (A), the Secretary shall approve the petition, unless the Secretary determines that leasing the area would create an unreasonable risk of harm to the marine, human, or coastal environment of the State. ``(C) Failure to act.--If the Secretary fails to approve or deny a petition in accordance with subparagraph (B)-- ``(i) the petition shall be considered to be approved; and ``(ii) any appropriate area shall be made available for oil and gas leasing, gas-only leasing, or any other energy source leasing, including renewable energy leasing. ``(5) Revenue sharing.-- ``(A) In general.--Beginning on the date on which production begins in an area under this subsection, the State shall, without further appropriation, share in any qualified outer Continental Shelf revenues of the production under section 31. ``(B) Applicable law.-- ``(i) In general.--Except as provided in clause (ii), a State shall not be required to comply with subsections (c) and (d) of section 31 to share in qualified outer Continental Shelf revenues under subparagraph (A). ``(ii) Exception.--Of any qualified outer Continental Shelf revenues received by a State (including a political subdivision of a State) under subparagraph (A), at least 25 percent shall be used for 1 or more of the purposes described in section 31(d)(1). ``(6) Effect.--Nothing in this subsection affects any right relating to an area described in paragraph (1) or (2) under a lease that was in existence on the day before the date of enactment of this subsection.''. SEC. 5. REGULATIONS. (a) In General.--The Secretary of the Interior shall issue such regulations as are necessary to carry out this Act and the amendments made by this Act, including regulations establishing procedures for entering into gas-only leases. (b) Gas-Only Leases.--In issuing regulations establishing procedures for entering into gas-only leases, the Secretary shall-- (1) ensure that gas-only leases under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) are not available in a State that (as of the day before the date of enactment of this Act) did not contain an affected area (as defined in section 12(g)(1) of that Act (as added by section 4)); and (2) define ``natural gas'' as-- (A) unmixed natural gas; or (B) any mixture of natural or artificial gas (including compressed or liquefied petroleum gas) and condensate recovered from natural gas.

Outer Continental Shelf Revenue Sharing Act of 2005 - Amends the Outer Continental Shelf Lands Act (OCSLA) regarding the coastal impact assistance program to: (1) repeal references to leasing moratoria; (2) redefine a "producing state" as one that begins production on a leased tract on or after the date of enactment of this Act, regardless of whether the leased tract was on any date subject to a leasing moratorium; (3) repeal the exclusion of certain revenues from "qualified Outer Continental Shelf revenues;" and (4) repeal the exclusion of certain leased tracts from the statutory formula for payments to coastal political subdivisions. Directs the Secretary of the Interior to delineate the lateral boundaries between coastal states in areas of the Outer Continental Shelf under exclusive federal jurisdiction. Prescribes guidelines for petitions to lease within the seaward lateral boundaries of coastal states. Includes guidelines under which a state shall share in qualified Outer Continental Shelf revenues as of the date production begins under this Act. Directs the Secretary of the Interior to issue implementing regulations, including procedures for entering into gas-only leases.

A bill to amend the Outer Continental Shelf Lands Act to allow certain coastal States to share in qualified outer Continental Shelf revenues.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pain at the Pump Act''. TITLE I--DENIAL OF CERTAIN TAX BENEFITS TO OIL AND GAS COMPANIES SEC. 101. REPEAL OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 43 (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Conforming Amendments.-- (1) Subsection (b) of section 38 of such Code is amended by striking paragraph (6) and redesignating paragraphs (7) through (36) as paragraphs (6) through (35), respectively. (2) Paragraph (7) of section 45Q(d) of such Code is amended to read as follows: ``(7) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, there shall be substituted for each dollar amount contained in subsection (a) an amount equal to the product of-- ``(i) such dollar amount, multiplied by ``(ii) the inflation adjustment factor for such calendar year. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to any calendar year, a fraction the numerator of which is the GNP implicit price deflator for the preceding calendar year and the denominator of which is the GNP implicit price deflator for 2008. For purposes of the preceding sentence, the term `GNP implicit price deflator' means the first revision of the implicit price deflator for the gross national product as computed and published by the Secretary of Commerce. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year.''. (3) Subsection (c) of section 196 of such Code is amended by striking paragraph (5) and redesignating paragraphs (6) through (14) as paragraphs (5) through (13), respectively. (c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2011. (2) Continuation of basis reductions.--Paragraph (2) of section 43(d) of the Internal Revenue Code of 1986 (as in effect before its repeal by this section) shall continue to apply with respect to credits determined for taxable years beginning on or before December 31, 2011. SEC. 102. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 45I (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Conforming Amendment.--Subsection (b) of section 38 of such Code, as amended by section 101, is amended by striking paragraph (18) and redesignating paragraphs (19) through (35) as paragraphs (18) through (34), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 103. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263 of the Internal Revenue Code of 1986 is amended by striking subsection (c). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 104. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 193 (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 105. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING INTERESTS IN OIL AND GAS PROPERTIES. (a) In General.--Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Termination.--Subparagraph (A) shall not apply with respect to any taxable year beginning after the date of the enactment of this Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 106. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS. (a) In General.--Part I of subchapter I of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 613A (and the table of sections of such part is amended by striking the item relating to such section). (b) Conforming Amendments.-- (1) Subsection (d) of section 45H of such Code is amended-- (A) by striking ``For purposes this section'' and inserting the following: ``(1) In general.--For purposes of this section'', (B) by striking ``(within the meaning of section 613A(d)(3))'', and (C) by adding at the end the following new paragraph: ``(2) Related person.--For purposes of this subsection, a person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person. For purposes of the preceding sentence, the term `significant ownership interest' means-- ``(A) with respect to any corporation, 5 percent or more in value of the outstanding stock of such corporation, ``(B) with respect to a partnership, 5 percent or more interest in the profits or capital of such partnership, and ``(C) with respect to an estate or trust, 5 percent or more of the beneficial interests in such estate or trust. For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be.''. (2) Subparagraph (F) of section 56(g)(4) of such Code is amended to read as follows: ``(F) Depletion.--The allowance for depletion with respect to any property placed in service in a taxable year beginning after December 31, 1989, shall be cost depletion determined under section 611.''. (3) Paragraph (1) of section 57(a) of such Code is amended by striking the last sentence. (4) Paragraph (4) of section 291(b) of such Code is amended by adding at the end the following: ``Any reference in the preceding sentence to section 613A shall be treated as a reference to such section as in effect prior to the date of the enactment of the Pain at the Pump Act.''. (5) Subsection (d) of section 613 of such Code is amended by striking ``Except as provided in section 613A, in the case of'' and inserting ``In the case of''. (6) Subsection (e) of section 613 of such Code is amended-- (A) by striking ``or section 613A'' in paragraph (2), and (B) by striking ``any amount described in section 613A(d)(5)'' in paragraph (3) and inserting ``any lease bonus, advance royalty, or other amount payable without regard to production from property''. (7) Subsection (a) of section 705 of such Code is amended-- (A) by inserting ``and'' at the end of paragraph (1)(C), (B) by striking ``; and'' at the end of paragraph (2)(B) and inserting a period, and (C) by striking paragraph (3). (8) Section 776 of such Code is amended by striking subsection (a) and by redesignating subsection (b) as subsection (a). (9) Subparagraph (D) of section 954(g)(2) of such Code is amended by inserting ``(as in effect before the date of the enactment of the Pain at the Pump Act)'' after ``section 613A''. (10) Subparagraph (C) of section 993(c)(2) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (11) Subparagraph (D) of section 1202(e)(3) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (12) Paragraph (2) of section 1367(a) of such Code is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (13) Subsection (c) of section 1446 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2011. SEC. 107. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS ACTIVITIES. (a) In General.--Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following new clause: ``(iv) the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof.''. (b) Conforming Amendment.--Subsection (d) of section 199 of such Code is amended by striking paragraph (9) and by redesignating paragraph (10) as paragraph (9). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 108. 7-YEAR AMORTIZATION FOR GEOLOGICAL AND GEOPHYSICAL EXPENDITURES. (a) In General.--Subsection (h) of section 167 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``24-month'' in paragraphs (1) and (4) and inserting ``7-year'', and (2) by striking paragraph (5). (b) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 2011. TITLE II--INVESTMENT IN CLEAN ENERGY PROGRAMS SEC. 201. INVESTMENT IN CLEAN ENERGY PROGRAMS. It is the sense of Congress that the increase in revenue to the Federal Government resulting from the provisions of, and amendments made by, title I should be used to make additional expenditures in the following areas and programs: (1) Alternative fuel technology programs. (2) Advanced battery development programs. (3) Programs of the Advanced Research Projects Agency-- Energy. (4) Research and development of clean energy technologies. (5) Clean energy loan guarantee programs. (6) Programs of the Office of Energy Efficiency and Renewable Energy of the Department of Energy. (7) Weatherization Assistance Program. (8) State Energy Program. (9) Low Income Home Energy Assistance Program. (10) Distributed generation and turbine research and development.

Pain at the Pump Act - Amends the Internal Revenue Code to repeal certain tax incentives for oil and gas companies, including: (1) the tax credit for enhanced oil recovery, (2) the tax credit for producing oil and gas from marginal wells, (3) the expensing allowance for intangible drilling and development costs, (4) the tax deduction for tertiary injectant expenses, (5) the exception to passive loss limitations for working interests in oil and gas properties, and (6) percentage depletion for oil and gas wells. Denies a tax deduction for income attributable to the domestic production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. Extends the required amortization period for geological and geophysical expenditures. Expresses the sense of Congress that increases in revenue resulting from this Act should be used to make additional expenditures for clean energy programs, including for alternative fuel technology, research and development, clean energy loan guarantees, and low-income home energy assistance.

To deny certain tax benefits to oil and gas companies and to invest the savings in clean energy programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) On October 13, 2017, the General Council of the Santa Ynez Band of Chumash Indians voted to approve the Memorandum of Agreement between the County of Santa Barbara and the Santa Ynez Band of Chumash Indians regarding the approximately 1,427.28 acres of land, commonly known as Camp 4, and authorized the Tribal Chairman to sign the Memorandum of Agreement. (2) On October 31, 2017, the Board of Supervisors for the County of Santa Barbara approved the Memorandum of Agreement on Camp 4 and authorized the Chair to sign the Memorandum of Agreement. (3) The Secretary of the Interior approved the Memorandum of Agreement pursuant to section 2103 of the Revised Statutes (25 U.S.C. 81). SEC. 3. REAFFIRMATION OF STATUS AND ACTIONS. (a) Ratification of Trust Status.--The action taken by the Secretary on January 20, 2017, to place approximately 1,427.28 acres of land located in Santa Barbara County, California, into trust for the benefit of the Santa Ynez Band of Chumash Indians is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (b) Ratification of Actions of the Secretary.--The actions taken by the Secretary to assume jurisdiction over the appeals relating to the fee-to-trust acquisition of approximately 1,427.28 acres in Santa Barbara County, California, on January 30, 2015, is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (c) Ratification of Actions of the Secretary.--The actions taken by the Secretary to dismiss the appeals relating to the fee-to-trust acquisition of approximately 1,427.28 acres in Santa Barbara County, California, on January 19, 2017, is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action. (d) Administration.-- (1) Administration.--The land placed into trust for the benefit of the Santa Ynez Band of Chumash Indians by the Secretary of the Interior on January 20, 2017, shall be a part of the Santa Ynez Indian Reservation and administered in accordance with the laws and regulations generally applicable to the land held in trust by the United States for an Indian tribe. (2) Effect.--For purposes of certain California State laws (including the California Land Conservation Act of 1965, Government Code Section 51200, et seq.), placing the land described in subsection (b) into trust shall remove any restrictions on the property pursuant to California Government Code Section 51295 or any other provision of such Act. (e) Legal Description of Lands Transferred.--The lands to be transferred pursuant to this Act are described as follows: Legal Land Description/Site Location:Real property in the unincorporated area of the County of Santa Barbara, State of California, described as follows: PARCEL 1: (APN: 141-121-51 AND PORTION OF APN 141-140-10)LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10)LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-10)LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10)LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5: (PORTION OF APN: 141-230-23)THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01- 105584 OF OFFICIAL RECORDS. (f) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. (g) Restricted Use of Transferred Lands.--The Tribe may not conduct, on the land described in subsection (b) taken into trust for the Tribe pursuant to this Act, gaming activities-- (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. (h) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of Chumash Mission Indians.

Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017 (Sec. 2) This bill ratifies and confirms the actions of the Department of the Interior to: (1) take approximately 1,427 acres of land in Santa Barbara County, California, into trust for the benefit of the Santa Ynez Band of Chumash Indians, (2) assume jurisdiction over the appeals relating to the acquisition of this land, and (3) dismiss those appeals. The land is made part of the Santa Ynez Indian Reservation. The bill removes restrictions on the land pursuant to certain state laws. Gaming is prohibited on this land.

Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reinvigorating Antibiotic and Diagnostic Innovation Act of 2015''. SEC. 2. CLINICAL TESTING EXPENSES FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CLINICAL TESTING EXPENSES FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS. ``(a) General Rule.--For purposes of section 38, the qualified infectious disease product credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified clinical testing expenses for the taxable year. ``(b) Qualified Clinical Testing Expenses.--For purposes of this section-- ``(1) Qualified clinical testing expenses.-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `qualified clinical testing expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in subparagraph (B). ``(B) Modifications.--For purposes of subparagraph (A), subsection (b) of section 41 shall be applied-- ``(i) by substituting `clinical testing' for `qualified research' each place it appears in paragraphs (2) and (3) of such subsection, and ``(ii) by substituting `100 percent' for `65 percent' in paragraph (3)(A) of such subsection. ``(C) Exclusion for amounts funded by grants, etc.--The term `qualified clinical testing expenses' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). ``(D) Special rule.--For purposes of this paragraph, section 41 shall be deemed to remain in effect for periods after enactment of this section. ``(2) Clinical testing.-- ``(A) In general.--The term `clinical testing' means any human clinical testing-- ``(i) which is carried out under an exemption for a drug being tested as an antibiotic or antifungal drug under section 505(i) of the Federal Food, Drug, and Cosmetic Act (or regulations issued under such section), ``(ii) which occurs before the date on which an application with respect to such drug is approved under section 505(b) of such Act or, if the drug is a biological product, before the date on which a license for such drug is issued under section 351 of the Public Health Service Act, and ``(iii) which is conducted by or on behalf of the taxpayer to whom exemption under section 505(i) of such Act is granted. ``(B) Testing must be related to use as qualified infectious disease product.--Human clinical testing shall be taken into account under subparagraph (A) only to the extent such testing is related to the use of the drug as a qualified infectious disease product. ``(c) Coordination With Credit for Increasing Research Expenditures.-- ``(1) In general.--Except as provided in paragraph (2), any qualified clinical testing expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 for such taxable year. ``(2) Expenses included in determining base period research expenses.--Any qualified clinical testing expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years. ``(d) Definitions and Special Rules.-- ``(1) Qualified infectious disease product.--For purposes of this section, the term `qualified infectious disease product' means any drug or biological product for human use that-- ``(A) is intended to treat a serious or life- threatening infection, including those caused by-- ``(i) an antibacterial or antifungal resistant pathogen (including novel or emerging infectious pathogens), or ``(ii) qualifying pathogens listed by the Secretary of Health and Human Services under section 505E(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.), and ``(B) is intended to treat an infection for which there is an unmet medical need as defined by the Secretary of Health and Human Services. ``(2) Special limitation on foreign testing.-- ``(A) In general.--No credit shall be allowed under this section with respect to any clinical testing conducted outside the United States unless-- ``(i) such testing is conducted outside the United States because there is an insufficient testing population in the United States, and ``(ii) such testing is conducted by a United States person or by any other person who is not related to the taxpayer to whom exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act is granted. ``(B) Insufficient testing population.--For purposes of this section, the testing population in the United States is insufficient if there are not within the United States the number of available and appropriate human subjects needed to produce reliable and timely data from the clinical investigation. ``(3) Certain rules made applicable.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(4) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(e) Transferability.-- ``(1) In general.--Any taxpayer holding a credit under this section may transfer for valuable consideration unused but otherwise allowable credit for use by a qualified pharmaceutical research taxpayer. A taxpayer that transfers any amount of credit under this section shall file a notification of such transfer to the Secretary in accordance with procedures and forms prescribed by the Secretary. ``(2) Use of transferred credit.--Any qualified pharmaceutical research taxpayer that receives credit that has been transferred shall use such credit for the taxable year in which the transfer occurred. Any unused amounts of such credit may be carried back or forward to other taxable years in accordance with section 39. ``(3) Definition of qualified pharmaceutical research taxpayer.--For purposes of this section, the term `qualified pharmaceutical research taxpayer' means any domestic corporation the primary mission of which is pharmaceutical research or development.''. (b) Made Part of Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the qualified infectious disease product credit determined under section 45S(a).''. (c) Clerical Amendments.--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: ``45S. Clinical testing expenses for qualified infectious disease products.''. (d) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 3. CLINICAL TESTING EXPENSES FOR RAPID INFECTIOUS DISEASES DIAGNOSTIC TESTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new section: ``SEC. 45T. CLINICAL TESTING EXPENSES FOR RAPID INFECTIOUS DISEASES DIAGNOSTIC TESTS. ``(a) General Rule.--For purposes of section 38, the credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified clinical testing expenses for the taxable year. ``(b) Qualified Clinical Testing Expenses.--For purposes of this section-- ``(1) Qualified clinical testing expenses.-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `qualified clinical testing expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in subparagraph (B). ``(B) Modifications.--For purposes of subparagraph (A), subsection (b) of section 41 shall be applied-- ``(i) by substituting `clinical testing' for `qualified research' each place it appears in paragraphs (2) and (3) of such subsection, and ``(ii) by substituting `100 percent' for `65 percent' in paragraph (3)(A) of such subsection. ``(C) Exclusion for amounts funded by grants, etc.--The term `qualified clinical testing expenses' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). ``(D) Special rule.--For purposes of this paragraph, section 41 shall be deemed to remain in effect for periods after enactment of this section. ``(2) Clinical testing.-- ``(A) In general.--The term `clinical testing' means any human clinical testing-- ``(i) which is carried out under an exemption for a device being tested under section 520(g) of the Federal Food, Drug, and Cosmetic Act (or regulations issued under such section), ``(ii) which is related only to such use as a qualified rapid infectious diseases diagnostic test, ``(iii) which occurs before the date on which an application with respect to such device receives premarket approval, if required, under section 515 of such Act, or receives clearance, if required, under section 510(k) of such Act, and ``(iv) which is conducted by or on behalf of the taxpayer to whom the exemption under section 520(g) of such Act was granted. ``(c) Coordination With Credit for Increasing Research Expenditures.-- ``(1) In general.--Except as provided in paragraph (2), any qualified clinical testing expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 for such taxable year. ``(2) Expenses included in determining base period research expenses.--Any qualified clinical testing expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years. ``(d) Definitions and Special Rules.-- ``(1) Qualified rapid infectious diseases diagnostic test.--For purposes of this section, the term `qualified rapid infectious diseases diagnostic test' means an in-vitro diagnostic (IVD) device that provides results in less than four hours and that is used to identify or detect the presence, concentration, or characteristics of a serious or life- threatening infection, including those caused by (1) an antibacterial or antifungal resistant pathogen, including novel or emerging infectious pathogens or (2) qualifying pathogens listed by the Secretary of Health and Human Services under Chapter V (21 U.S.C. 351 et seq.) section 505E(f). ``(2) Special limitation on foreign testing.-- ``(A) In general.--No credit shall be allowed under this section with respect to any clinical testing conducted outside the United States unless-- ``(i) such testing is conducted outside the United States because there is an insufficient testing population in the United States, and ``(ii) such testing is conducted by a United States person or by any other person who is not related to the taxpayer to whom the exemption under section 520(g) of Federal Food, Drug, and Cosmetic Act was granted. ``(B) Insufficient testing population.--For purposes of this section, the testing population in the United States is insufficient if there are not within the United States the number of available and appropriate human subjects needed to produce reliable and timely data from the clinical investigation. ``(3) Certain rules made applicable.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(4) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(e) Transferability.-- ``(1) In general.--Any taxpayer holding a credit under this section may transfer for valuable consideration unused but otherwise allowable credit for use by a qualified diagnostics research taxpayer. A taxpayer that transfers any amount of credit under this section shall file a notification of such transfer to the Secretary in accordance with procedures and forms prescribed by the Secretary. ``(2) Use of transferred credit.--Any qualified diagnostics research taxpayer that receives credit that has been transferred shall use such credit for the taxable year in which the transfer occurred. Any unused amounts of such credit may be carried back or forward to other taxable years in accordance with section 39. ``(3) Definition of qualified diagnostics research taxpayer.--For purposes of this section, the term `qualified diagnostics research taxpayer' means any domestic corporation that derives-- ``(A) any gross income from research or development on diagnostic tests used to identify or detect the presence, concentration or characteristics of a serious or life-threatening infectious disease or pathogen; or ``(B) any gross income from research or development on qualified infectious disease products within the meaning given to such term in section 505E(g) of the Federal, Food, Drug, and Cosmetic Act; or ``(C) more than 50 percent of its gross income from activities related to health care.''. (b) Made Part of Business Credit.--Section 38(b) of such Code, as amended by section 2, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(38) the credit determined under section 45T(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code, as amended by section 2, is amended by adding at the end the following new item: ``Sec. 45T. Clinical testing expenses for rapid infectious diseases diagnostic tests.''. (d) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Reinvigorating Antibiotic and Diagnostic Innovation Act of 2015 This bill amends the Internal Revenue Code to allow tax credits for 50% of the clinical testing expenses for: (1) infectious disease products that are intended to treat a serious or life-threatening infection, including one caused by an antibacterial or antifungal resistant pathogen or a qualifying pathogen listed by the Department of Health and Human Services as having the potential to pose a serious threat to public health; and (2) in-vitro diagnostic devices that identify in less than four hours the presence, concentration, or characteristics of a serious or life-threatening infection.

Reinvigorating Antibiotic and Diagnostic Innovation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Junk Fax Prevention Act of 2004''. SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED ADVERTISEMENTS. (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read as follows: ``(C) to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement-- ``(i) to a person who has made a request to such sender that complies with the requirements under paragraph (2)(D), not to send future unsolicited advertisements to a telephone facsimile machine; or ``(ii) to a person not described in clause (i), unless-- ``(I) the sender has an established business relationship (which term, for purposes of this subclause, shall have the meaning given the term in section 64.1200 of the Commission's regulations, as in effect on January 1, 2003, except that such term shall apply to a business subscriber in the same manner in which it applies to a residential subscriber) with such person; and ``(II) the unsolicited advertisement contains a conspicuous notice on the first page of the unsolicited advertisement that-- ``(aa) states that the recipient may make a request to the sender of the unsolicited advertisement not to send any future unsolicited advertisements to such telephone facsimile machine and that failure to comply, within the shortest reasonable time, as determined by the Commission, with such a request meeting the requirements under paragraph (2)(D) is unlawful; ``(bb) sets forth the requirements for a request under paragraph (2)(D); and ``(cc) includes a domestic contact telephone and facsimile number for the recipient to transmit such a request to the sender, neither of which may be a number for a pay-per-call service (as such term is defined in section 228(i)); any number supplied shall permit an individual or business to make a do-not-fax request during regular business hours; or''. (b) Request to Opt-Out of Future Unsolicited Advertisements.-- Paragraph (2) of section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: ``(D) shall provide, by rule, that a request not to send future unsolicited advertisements to a telephone facsimile machine complies with the requirements under this subparagraph only if-- ``(i) the request identifies the telephone number of the telephone facsimile machine to which the request relates; ``(ii) the request is made to the telephone or facsimile number of the sender of such an unsolicited advertisement provided pursuant to paragraph (1)(C)(ii)(II)(cc) or by any other method of communication as determined by the Commission; and ``(iii) the person making the request has not, subsequent to such request, provided express invitation or permission to the sender, in writing or otherwise, to send such advertisements to such person at such telephone facsimile machine; and ``(E) may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, allow professional trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to their members in furtherance of the association's tax-exempt purpose that do not contain the notice required by paragraph (1)(C)(ii)(II), except that the Commission may take action under this subparagraph only by regulation issued after notice and opportunity for public comment in accordance with section 553 of title 5, United States Code, and only if the Commission determines that such notice is not necessary to protect the right of the members of such trade associations to make a request to their trade associations not to send any future unsolicited advertisements.''. (c) Unsolicited Advertisement.--Paragraph (4) of section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)(4)) is amended by inserting ``, in writing or otherwise'' before the period at the end. (d) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Federal Communications Commission shall issue regulations to implement the amendments made by this section. SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following new subsection: ``(g) Junk Fax Enforcement Report.--The Commission shall submit a report to the Congress for each year regarding the enforcement of the provisions of this section relating to sending of unsolicited advertisements to telephone facsimile machines, which shall include the following information: ``(1) The number of complaints received by the Commission during such year alleging that a consumer received an unsolicited advertisement via telephone facsimile machine in violation of the Commission's rules. ``(2) The number of such complaints received during the year on which the Commission has taken action. ``(3) The number of such complaints that remain pending at the end of the year. ``(4) The number of citations issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(5) The number of notices of apparent liability issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(6) For each such notice-- ``(A) the amount of the proposed forfeiture penalty involved; ``(B) the person to whom the notice was issued; ``(C) the length of time between the date on which the complaint was filed and the date on which the notice was issued; and ``(D) the status of the proceeding. ``(7) The number of final orders imposing forfeiture penalties issued pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines. ``(8) For each such forfeiture order-- ``(A) the amount of the penalty imposed by the order; ``(B) the person to whom the order was issued; ``(C) whether the forfeiture penalty has been paid; and ``(D) the amount paid. ``(9) For each case in which a person has failed to pay a forfeiture penalty imposed by such a final order, whether the Commission referred such matter to the Attorney General for recovery of the penalty. ``(10) For each case in which the Commission referred such an order to the Attorney General-- ``(A) the number of days from the date the Commission issued such order to the date of such referral; ``(B) whether the Attorney General has commenced an action to recover the penalty, and if so, the number of days from the date the Commission referred such order to the Attorney General to the date of such commencement; and ``(C) whether the recovery action resulted in collection of any amount, and if so, the amount collected.''. SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT. (a) In General.--The Comptroller General of the United States shall conduct a study regarding complaints received by the Federal Communications Commission concerning unsolicited advertisements sent to telephone facsimile machines, which shall determine-- (1) the number and nature of such complaints; (2) the number of such complaints that result in final agency actions by the Commission; (3) the length of time taken by the Commission in responding to such complaints; (4) the mechanisms established by the Commission to receive, investigate, and respond to such complaints; (5) the level of enforcement success achieved by the Commission and the Attorney General regarding such complaints; (6) whether complainants to the Commission are adequately informed by the Commission of the responses to their complaints; and (7) whether additional enforcement measures are necessary to protect consumers, including recommendations regarding such additional enforcement measures. (b) Additional Enforcement Remedies.--In conducting the analysis and making the recommendations required under paragraph (7) of subsection (a), the Comptroller General shall specifically examine-- (1) the adequacy of existing statutory enforcement actions available to the Commission; (2) the adequacy of existing statutory enforcement actions and remedies available to consumers; (3) the impact of existing statutory enforcement remedies on senders of facsimiles; (4) whether increasing the amount of financial penalties is warranted to achieve greater deterrent effect; and (5) whether establishing penalties and enforcement actions for repeat violators or abusive violations similar to those established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C. 7703) would have a greater deterrent effect. (c) Report.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit a report on the results of the study under this section to Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; and (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request. Requires the Federal Communications Commission (FCC) to provide by rule that a request not to send unsolicited advertisements complies with legal requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes. Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.

A bill to amend section 227 of the Communications Act of 1934 to clarify the prohibition on junk fax transmissions.

SECTION 1. OLYMPIC NATIONAL PARK--QUILEUTE TRIBE. (a) Definitions.--In this section: (1) Map.--The term ``Map'' means the map entitled ``Olympic National Park and Quileute Reservation Boundary Adjustment Map'', numbered 149/80,059, and dated June 2010. (2) Park.--The term ``Park'' means the Olympic National Park, located in the State of Washington. (3) Reservation.--The term ``Reservation'' means the Quileute Indian Reservation, located on the Olympic Peninsula in the State of Washington. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Quileute Indian Tribe in the State of Washington. (b) Findings and Purpose.-- (1) Findings.--Congress finds that-- (A) the Reservation is located on the western coast of the Olympic Peninsula in the State of Washington, bordered by the Pacific Ocean to the west and the Park on the north, south, and east; (B) most of the Reservation village of La Push is located within the coastal flood plain, with the Tribe's administrative buildings, school, elder center, and housing all located in a tsunami zone; (C) for many decades, the Tribe and the Park have had a dispute over the Reservation boundaries along the Quillayute River; (D) in recent years, this dispute has intensified as the Tribe has faced an urgent need for additional lands for housing, schools, and other Tribe purposes outside the tsunami and Quillayute River flood zones; and (E) the lack of a settlement of this dispute threatens to adversely impact the public's existing and future recreational use of several attractions in the Park that are accessed by the public's use of Reservation lands. (2) Purposes.--The purposes of this Act are-- (A) to resolve the longstanding dispute along portions of the northern boundary of the Quileute Indian Reservation; (B) to clarify public use and access to Olympic National Park lands that are contiguous to the Reservation; (C) to provide the Quileute Indian Tribe with approximately 275 acres of land currently located within the Park and approximately 510 acres of land along the Quillayute River, also within the Park; (D) to adjust the wilderness boundaries to provide the Quileute Indian Tribe Tsunami and flood protection; and (E) through the land conveyance, to grant the Tribe access to land outside of tsunami and Quillayute River flood zones, and link existing Reservation land with Tribe land to the east of the Park. (c) Redesignation of Federal Wilderness Land, Olympic National Park Conveyance.-- (1) Redesignation of wilderness.--Certain Federal land in the Park that was designated as part of the Olympic Wilderness under title I of the Washington Park Wilderness Act of 1988 (Public Law 100-668; 102 Stat. 3961; 16 U.S.C. 1132 note) and comprises approximately 222 acres, as generally depicted on the Map is hereby no longer designated as wilderness, and is no longer a component of the National Wilderness Preservation System under the Wilderness Act (16 U.S.C. 1131 et seq.). (2) Lands to be held in trust.--All right, title, and interest of the United States in and to the approximately 510 acres generally depicted on the Map as ``Northern Lands'', and the approximately 275 acres generally depicted on the Map as ``Southern Lands'', are declared to be held in trust by the United States for the benefit of the Tribe without any further action by the Secretary. (3) Boundary adjustment; survey.--The Secretary shall-- (A) adjust the boundaries of Olympic Wilderness and the Park to reflect the change in status of Federal lands under paragraph (2); and (B) as soon as practicable after the date of enactment of this section, conduct a survey, defining the boundaries of the Reservation and Park, and of the Federal lands taken into and held in trust that are adjacent to the north and south bank of the Quillayute River as depicted on the Map as ``Northern Lands''. (4) Law applicable to certain land.--The land taken into trust under this subsection shall not be subject to any requirements for valuation, appraisal, or equalization under any Federal law. (d) Non-Federal Land Conveyance.--Upon completion and acceptance of an environmental hazard assessment, the Secretary shall take into trust for the benefit of the Tribe certain non-Federal land owned by the Tribe, consisting of approximately 184 acres, as depicted on the Map as ``Eastern Lands'', such non-Federal land shall be designated as part of the Reservation. (e) Map Requirements.-- (1) Availability of initial map.--The Secretary shall make the Map available for public inspection in appropriate offices of the National Park Service. The Map shall also depict any non-Federal land currently owned by the Tribe which is being placed in trust under this section. (2) Revised map.--Not later than one year after the date of the land transaction in subsections (d) and (e), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and Committee on Natural Resources of the House of Representatives a revised map that depicts-- (A) the Federal and non-Federal land taken into trust under this section and the Second Beach Trail; and (B) the actual boundaries of the Park as modified by the land conveyance. (f) Jurisdiction.--The land conveyed to the Tribe by this section shall be designated as part of the Quileute Reservation and placed in the following jurisdictions: (1) Trust land.--The same Federal, State, and Tribe jurisdiction as on all other trust lands within the Reservation, so long as the exercise of such jurisdiction does not conflict with the terms of the easement described in subsection (g) below. (2) Tribe jurisdiction.--Park visitors shall remain subject to the jurisdiction of the Tribe while on the Second Beach parking lot, on those portions of the Second Beach Trail on the Reservation, and Rialto Spit, to the same extent that such visitors are subject to the Tribe's jurisdiction elsewhere on the Reservation. (g) Grant of Easement in Connection With Land Conveyance.-- (1) Easement required.--The conveyances under subsection (c)(2) shall be subject to the conditions described in this subsection. (2) Required rights under easement.--Any easement granted under this subsection must contain the following express terms: (A) No impact on existing rights.--An easement shall not limit the Tribe's treaty rights or other existing rights. (B) Retention of rights.--The Tribe retains the right to enforce its rules against visitors for disorderly conduct, drug and alcohol use, use or possession of firearms, and other disruptive behaviors. (C) Monitoring of easement conditions.--The Park has the right, with prior notice to the Tribe, to access lands conveyed to the Tribe for purposes of monitoring compliance with any easement made under this subsection. (3) Exemption for subsection (d) land.--The non-Federal land owned by the Tribe and being placed into trust by the Secretary in accordance with subsection (d) shall not be included in, or subject to, any easement or condition specified in this subsection. (4) Required terms and conditions.--The following specified land areas shall be subject to the following easement conditions: (A) Conditions on northern land.--Certain land that will be added to the northern boundary of the Reservation by the land conveyance, from Rialto Beach to the east line of Section 23, shall be subject to an easement, which shall contain the following requirements: (i) The Tribe may lease or encumber the land, consistent with their status as trust lands, provided that the Tribe expressly subjects the conveyance or authorized use to the terms of the easement. (ii) The Tribe may place temporary, seasonal camps on the land, but shall not place or construct commercial residential, industrial, or other permanent buildings or structures. (iii) Roads on the land on the date of enactment of this Act may be maintained or improved, but no major improvements or road construction may occur, and any road improvements, temporary camps, or other uses of these lands shall not interfere with its use as a natural wildlife corridor. (iv) The Tribe may authorize Tribe members and third parties to engage in recreational, ceremonial, or treaty uses of the land provided that the Tribe adopts and enforces regulations permanently prohibiting the use of firearms in the Thunder Field area, and any areas south of the Quillayute River as depicted on the Map. (v) The Tribe may exercise its sovereign right to fish and gather along the Quillayute River in the Thunder Field area. (vi) The Tribe may, consistent with any applicable Federal law, engage in activities reasonably related to the restoration and protection of the Quillayute River and its tributaries and streams, weed control, fish and wildlife habitat improvement, Quillayute River or streambank stabilization, and flood control. The Tribe and the Park shall conduct joint planning and coordination for Quillayute River restoration projects, including streambank stabilization and flood control. (vii) Park officials and visitors shall have access to engage in activities along and in the Quillayute River and Dickey River that are consistent with past recreational uses, and the Tribe shall allow the public to use and access the Dickey River, and Quillayute River along the north bank, regardless of future changes in the Quillayute River or Dickey River alignment. (viii) Park officials and visitors shall have access to, and shall be allowed to engage in, activities on Tribal lands at Rialto Spit that are consistent with past recreational uses, and the Tribe shall have access to Park lands at Rialto Beach so that the Tribe may access and use the jetty at Rialto Beach. (B) Conditions on second beach trail and access.--Certain Quileute Reservation land along the boundary between the Park and the southern portion of the Reservation, encompassing the Second Beach trailhead, parking area, and Second Beach Trail, shall be subject to a conservation and management easement, as well as any other necessary agreements, which shall implement the following provisions: (i) The Tribe shall allow Park officials and visitors to park motor vehicles at the Trail parking area existing on the date of enactment of this Act and to access the portion of the Trail located on Tribal lands, and the Park shall be responsible for the costs of maintaining existing parking access to the Trail. (ii) The Tribe shall grant Park officials and visitors the right to peacefully use and maintain the portion of the Trail that is on Tribal lands, and the Park shall be responsible for maintaining the Trail and shall seek advance written approval from the Tribe before undertaking any major Trail repairs. (iii) The Park officials and the Tribe shall conduct joint planning and coordination regarding any proposed relocation of the Second Beach trailhead, the parking lot, or other portions of the Trail. (iv) The Tribe shall avoid altering the forested landscape of the Tribe-owned headlands between First and Second Beach in a manner that would adversely impact or diminish the aesthetic and natural experience of users of the Trail. (v) The Tribe shall reserve the right to make improvements or undertake activities at the Second Beach headlands that are reasonably related to enhancing fish habitat, improving or maintaining the Tribe's hatchery program, or alterations that are reasonably related to the protection of the health and safety of Tribe members and the general public. (vi) The Park officials, after consultation with the Tribe, may remove hazardous or fallen trees on the Tribal- owned Second Beach headlands to the extent necessary to clear or safeguard the Trail, provided that such trees are not removed from Tribal lands. (vii) The Park officials and the Tribe shall negotiate an agreement for the design, location, construction, and maintenance of a gathering structure in the Second Beach headlands overlook for the benefit of Park visitors and the Tribe, if such a structure is proposed to be built. (C) Southern lands exempt.--All other land conveyed to the Tribe along the southern boundary of the Reservation under this section shall not be subject to any easements or conditions, and the natural conditions of such land may be altered to allow for the relocation of Tribe members and structures outside the tsunami and Quillayute River flood zones. (D) Protection of infrastructure.--Nothing in this Act is intended to require the modification of the parklands and resources adjacent to the transferred Federal lands. The Tribe shall be responsible for developing its lands in a manner that reasonably protects its property and facilities from adjacent parklands by locating buildings and facilities an adequate distance from parklands to prevent damage to these facilities from such threats as hazardous trees and wildfire. (h) Effect of Land Conveyance on Claims.-- (1) Claims extinguished.--Upon the date of the land conveyances under subsections (d) and (e) and the placement of conveyed lands into trust for the benefit of the Tribe, any claims of the Tribe against the United States, the Secretary, or the Park relating to the Park's past or present ownership, entry, use, surveys, or other activities are deemed fully satisfied and extinguished upon a formal Tribal Council resolution, including claims related to the following: (A) Land along quillayute river.--The lands along the sections of the Quillayute River, starting east of the existing Rialto Beach parking lot to the east line of Section 22. (B) Second beach.--The portions of the Federal or Tribal lands near Second Beach. (C) Southern boundary portions.--Portions of the Federal or Tribal lands on the southern boundary of the Reservation. (2) Rialto beach.--Nothing in this section shall create or extinguish claims of the Tribe relating to Rialto Beach. (i) Gaming Prohibition.--No land taken into trust for the benefit of the Tribe under this Act shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Removes certain federal land within Olympic National Park, Washington, that is designated as part of the Olympic Wilderness from inclusion in the National Wilderness Preservation System. Takes specified federal land within the Park into trust for the Quileute Indian Tribe. Requires the Secretary of the Interior to take specified nonfederal land owned by the Tribe into trust for the Tribe, upon completion and acceptance of an environmental hazard assessment. Includes those lands taken into trust for the Tribe in the Quileute Indian Reservation. Subjects portions of the federal land conveyed to the Tribe to easements and conditions that preserve the natural condition of the land and provide the public with recreational access to the land and Park. Exempts land conveyed to the Tribe along the southern boundary of the Reservation from any easements or conditions. Allows that land to be altered to allow for the relocation of Tribe members and structures outside the tsunami and Quillayute River flood zones. Extinguishes the Tribe's claims against the United States relating to the Park's past or present ownership, entry, use, surveys, or other activities upon the taking of the lands into trust for the Tribe and a formal Tribal Council resolution. Prohibits gaming on lands taken into trust for the Tribe pursuant to this Act.

To provide the Quileute Indian Tribe Tsunami and Flood Protection, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Captain James A. Lovell Federal Health Care Center Act of 2008''. SEC. 2. TRANSFER OF PROPERTY. (a) Transfer.-- (1) Transfer authorized.--Upon the conclusion of a resource-sharing agreement between the Secretary of Defense and the Secretary of Veterans Affairs providing for the joint use by the Department of Defense and the Department of Veterans Affairs of a facility and supporting facilities in North Chicago, Illinois, and Great Lakes, Illinois, and for joint use of related medical personal property and equipment, the Secretary of Defense may transfer, without reimbursement, to the Department of Veterans Affairs the Navy ambulatory care center (on which construction commenced in July 2008), parking structure, and supporting facilities, and related medical personal property and equipment, located in Great Lakes, Illinois. (2) Designation of joint use facility.--The facility and supporting facilities subject to joint use under the agreement and transfer under this subsection shall be designated as known as the ``Captain James A. Lovell Federal Health Care Center''. (b) Reversion.-- (1) In general.--If any of the real and related personal property transferred pursuant to subsection (a) is subsequently used for purposes other than the purposes specified in the joint use specified in the resource-sharing agreement described in that subsection or otherwise determined by the Secretary of Veterans Affairs to be excess to the needs of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall offer to transfer such property, without reimbursement, to the Secretary of Defense. Any such transfer shall be completed not later than one year after the acceptance of the offer of transfer. (2) Reversion in event of lack of facilities integration.-- (A) Within initial period.--During the 5-year period beginning on the date of the transfer of the real and related personal property described in subsection (a), if the Secretary of Veterans Affairs and the Secretary of Defense jointly determine that the integration of the facilities described in that subsection should not continue, the real and related personal property of the Navy ambulatory care center, parking structure, and support facilities described in that subsection shall be transferred, without reimbursement, to the Secretary of Defense. Such transfer shall occur not later than 180 days after the date of such determination by the Secretaries. (B) After initial period.--After the end of the 5- year period described in subparagraph (A), if either the Secretary of Veterans Affairs or the Secretary of Defense determines that the integration of the facilities described in subsection (a) should not continue, the Secretary of Veterans Affairs shall transfer, without reimbursement, to the Secretary of Defense the real and related personal property described in paragraph (1). Such transfer shall occur not later than one year after the date of the determination by the Secretary concerned. SEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE. (a) Authorization for Transfer of Functions.-- (1) In general.--The Secretary of Defense may transfer to the Department of Veterans Affairs, and the Secretary of Veterans Affairs may accept from the Department of Defense, functions necessary for the effective operation of the Captain James A. Lovell Federal Health Care Center. (2) Treatment of transfers.--Any transfer of functions under this subsection is a transfer of functions within the meaning of section 3503 of title 5, United States Code. (b) Terms of Agreement.-- (1) Resource-sharing agreement.--Any transfer of functions under subsection (a) shall be effectuated in a resource-sharing agreement between the Secretary of Defense and the Secretary of Veterans Affairs. (2) Elements.--Notwithstanding any other provision of law, including but not limited to any provisions of title 5, United States Code, relating to transfers of function or reductions- in-force, the agreement described in paragraph (1) shall be controlling and may make provision for-- (A) the transfer of civilian employee positions of the Department of Defense identified in the agreement to the Department of Veterans Affairs and of the incumbent civilian employees in such positions; (B) the transition of transferred employees to pay, benefits, and personnel systems of the Department of Veterans Affairs in a manner which will not result in any reduction of pay, grade, or employment progression of any employee or any change in employment status for employees who have already successfully completed or are in the process of completing a one-year probationary period under title 5, United States Code; (C) the establishment of integrated seniority lists and other personnel management provisions that recognize an employee's experience and training so as to provide comparable recognition of employees previously with the Department of Veterans Affairs and employees newly transferred to such Department; and (D) such other matters relating to civilian personnel management as the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate. (c) Preservation of Authority.--Notwithstanding subsections (a) and (b), nothing in this section shall be construed as limiting the authority of the Secretary of Defense to establish civilian employee positions in the Department of Defense and utilize all civilian personnel authorities otherwise available to the Secretary if the Secretary determines that such actions are necessary and appropriate to meet mission requirements of the Department of Defense. SEC. 4. EXTENSION AND EXPANSION OF JOINT INCENTIVE FUND. (a) Ten-Year Extension of Authority for Joint Incentives Program.-- Paragraph (3) of section 8111(d) of title 38, United States Code, is amended by striking ``2010'' and inserting ``2020''. (b) Funding of Maintenance and Minor Construction From the Joint Incentive Fund.--Paragraph (2) of such section is amended by adding at the end the following new sentence: ``Such purposes shall include real property maintenance and minor construction projects that are not required to be specifically authorized by law under section 8104 of this title and section 2805 of title 10.''. SEC. 5. HEALTH CARE ELIGIBILITY FOR SERVICES AT THE CAPTAIN JAMES A. LOVELL FEDERAL HEALTH CARE CENTER. (a) In General.--For purposes of eligibility for health care under chapter 55 of title 10, United States Code, the Captain James A. Lovell Federal Health Care Center authorized by this Act may be deemed to be a facility of the uniformed services to the extent provided in an agreement between the Secretary of Defense and the Secretary of Veterans Affairs under subsection (b). (b) Elements of Agreement.--Subsection (a) may be implemented through an agreement between the Secretary of Veterans Affairs and the Secretary of Defense. The agreement may-- (1) establish an integrated priority list for access to available care at the facility described in subsection (a), integrating the respective priority lists of the Secretaries, taking into account categories of beneficiaries, enrollment program status, and such other factors as the Secretaries determine appropriate; (2) incorporate any resource-related limitations for access to care at that facility established by the Secretary of Defense for purposes of administering space-available eligibility for care in facilities of the uniformed services under chapter 55 of title 10, United States Code; (3) allocate financial responsibility for care provided at that facility for individuals who are eligible for care under both title 38, United States Code, and chapter 55 of title 10, United States Code; and (4) waive the applicability to that facility of any provision of section 8111(e) of title 38, United States Code, as specified by the Secretaries.

Captain James A. Lovell Federal Health Care Center Act of 2008 - Authorizes the Secretary of Defense (Secretary), upon the conclusion of a resource-sharing agreement between the Secretary and the Secretary of Veterans Affairs, to transfer to the Department of Veterans Affairs (VA) the Navy ambulatory care center, parking structure, supporting facilities, and related medical personal property and equipment in Great Lakes, Illinois. Designates such facility and supporting facilities as the Captain James A. Lovell Federal Health Care Center (Center). Provides a reversionary interest to the Secretary if the property is not used in accordance with the resource-sharing agreement or in the event of lack of facilities integration. Authorizes the Secretary to transfer to the VA functions necessary for Center operation. Extends through FY2020 a joint Department of Defense (DOD)-VA program to identify, implement, and evaluate creative health care coordination and sharing initiatives at the facility, intraregional, and nationwide levels. Deems the Center a military facility for purposes of the eligibility of members of the Armed Forces to receive care and services there.

A bill to provide for the integration of the Captain James A. Lovell Federal Health Care Center and the Great Lakes Naval Health Clinic, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Treatment and Care Tools Act of 2010'' or the ``ConTACT Act of 2010''. SEC. 2. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-AGED CHILDREN. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL- AGED CHILDREN. ``(a) Concussion Management Guidelines.-- ``(1) Establishment.--Not later than 2 years after the date of the enactment of this section, the Secretary shall establish concussion management guidelines that address the prevention, identification, treatment, and management of concussions (as defined by the Secretary) in school-aged children, including standards for such children to return to play after experiencing such a concussion, and shall make available such guidelines and standards to the general public, including health professionals. ``(2) Conference.--The Secretary shall convene a conference of medical, athletic, and educational stakeholders for purposes of assisting in the establishment of the guidelines. ``(b) Grants to States.-- ``(1) In general.--After establishing the guidelines under subsection (a), the Secretary may make grants to States for purposes of-- ``(A) providing for the collection by target entities of information on the incidence and prevalence of concussions among school-aged children attending or participating in such entities; ``(B) adopting, disseminating, and ensuring the implementation by target entities of the guidelines; ``(C) funding implementation by target entities of pre-season baseline and post-injury testing, including computerized testing, for school-aged children; and ``(D) any other activity or purpose specified by the Secretary. ``(2) Grant applications.-- ``(A) In general.--To be eligible to receive a grant under this subsection, the Secretary shall require a State to submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(B) Minimum contents.--The Secretary shall require that an application of a State under subparagraph (A) contain at a minimum-- ``(i) a description of the strategies the State will use to disseminate, and ensure the implementation by target entities of, the guidelines, including coordination with ongoing State-based efforts to implement State laws governing youth concussion management; and ``(ii) an agreement by the State to periodically provide data to the Secretary with respect to the incidence of concussions and second impact syndrome among school-aged children in the State. ``(3) Utilization of high school sports associations, youth sports associations, athletic trainer associations, and local chapters of national brain injury organizations.--In disseminating and ensuring the implementation by target entities of the guidelines pursuant to a grant under this subsection, the Secretary shall require States receiving grants under this subsection to utilize, to the extent practicable, applicable expertise and services offered by high school sports associations, youth sports associations, athletic trainer associations, and local chapters of national brain injury organizations in such States. ``(c) Coordination of Activities.--In carrying out activities under this section, the Secretary shall coordinate in an appropriate manner with the heads of other Federal departments and agencies that carry out activities related to concussions and other traumatic brain injuries. ``(d) Reports.-- ``(1) Establishment of the guidelines.--Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to the Congress a report on the implementation of subsection (a). ``(2) Grant program and data collection.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit to the Congress a report on the implementation of subsection (b), including-- ``(A) the number of States that have adopted the guidelines; ``(B) the number of target entities that have implemented pre-season baseline and post-injury testing, including computerized testing, for school- aged children; and ``(C) the data collected with respect to the incidence of concussions and second impact syndrome among school-aged children. ``(e) Definitions.--In this section: ``(1) The term `guidelines' means the concussion management guidelines established under subsection (a). ``(2) The term `return to play' means, with respect to a school-aged child experiencing a concussion, the return of such child to participating in the sport or other activity related to such concussion. ``(3) The term `school-aged children' means individuals who are at least 5 years of age and not more than 18 years of age. ``(4) The term `second impact syndrome' means catastrophic or fatal events that occur when an individual suffers a concussion while symptomatic and healing from a previous concussion. ``(5) The term `Secretary' means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. ``(6) The term `State' means each of the 50 States and the District of Columbia. ``(7) The term `target entity' means an elementary school, a secondary school, or a youth sports association.''. Passed the House of Representatives September 30 (legislative day September 29), 2010. Attest: LORRAINE C. MILLER, Clerk.

Concussion Treatment and Care Tools Act of 2010 or the ConTACT Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and publish concussion management guidelines that address the prevention, identification, treatment, and management of concussions in school-aged children, including standards for such children to return to play after experiencing a concussion. Requires the Secretary to convene a conference of medical, athletic, and educational stakeholders to assist in establishing such guidelines. Authorizes the Secretary to make grants to states to: (1) provide for the collection by elementary schools, secondary schools, or youth sports associations of information on the incidence and prevalence of concussions among school-aged children attending or participating in sports or activities; (2) adopt, disseminate, and ensure the implementation by such schools and associations of the guidelines; and (3) fund implementation by schools and associations of preseason baseline and post-injury testing, including computerized testing, for school aged children. Directs the Secretary to require states receiving grants under this Act to utilize applicable expertise and services offered by high school sports associations, youth sports associations, athletic trainer associations, and local chapters of national brain injury organizations in such states. Requires the Secretary to coordinate with the heads of other federal departments and agencies that carry out activities related to concussions and other traumatic brain injuries. Sets forth reporting requirements.

To amend title III of the Public Health Service Act to provide for the establishment and implementation of concussion management guidelines with respect to school-aged children, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``San Francisco Bay National Wildlife Refuge Complex Establishment Act''. (b) Findings.--The Congress finds the following: (1) In 1974, the first congressionally-mandated national wildlife refuge in the country was established in San Francisco Bay, renamed in 1995 as the Don Edwards San Francisco Bay National Wildlife Refuge. It was the Nation's first urban refuge and remains the largest national wildlife refuge in a metropolitan area. The Service manages it as part of a Complex with the Antioch Dunes, Ellicott Slough, Farallon, Marin Islands, Salinas River, and San Pablo Bay National Wildlife Refuges, comprising more than 46,000 acres. The Complex's urban setting and high visitorship provide unique challenges and opportunities to advance the mission of the national wildlife refuge system, including engagement, education, and involvement of new constituencies. (2) The Complex represents a unique national asset within the National Wildlife Refuge System and should be a focal point for cutting edge research, science, and practice in habitat management and restoration, including projects in the areas of-- (A) implementation of recovery plans for endangered and threatened wildlife species, and habitat conservation plans for tidal marsh and other priority ecosystems; (B) integrated ecosystem management and adaptive approaches to planning and implementation of landscape- scale ecosystem restoration; (C) carbon sequestration and natural shoreline protection benefits of tidal marsh restoration in the face of rising sea levels; (D) monitoring the health of key species and the value of habitat; (E) removal and control of harmful nonnative species; (F) public education and community stewardship opportunities in furtherance of the mission of the National Wildlife Refuge System; (G) public-private partnerships and collaborative conservation; and (H) establishing and documenting best practices and disseminating and replicating them throughout the National Wildlife Refuge System. SEC. 2. ESTABLISHMENT. (a) In General; Purposes.--For the purposes of preservation, conservation, restoration, and enhancement of highly significant wildlife habitat in the ecosystem known generally as San Francisco Bay in the State of California, protection of migratory waterfowl and other wildlife, including species known to be threatened or endangered with extinction, providing opportunities for wildlife-oriented recreation and nature study within the open space so preserved, the Secretary shall establish, in accordance with this Act, an urban ecosystem wildlife refuge complex to be known as the San Francisco Bay National Wildlife Refuge Complex. (b) Objectives.--In addition to the purposes of the Refuge Complex specified in subsection (a), the Refuge Complex shall be managed in accordance with all laws, regulations, executive orders, and comprehensive conservation plans that applied before the date of the enactment of this Act to the San Francisco Bay National Wildlife Refuge Complex and for the following objectives: (1) To strengthen and complement existing resource management, conservation, restoration, and education programs and activities at the Refuge Complex in a manner consistent with the purposes set forth in subsection (a). (2) To conserve, enhance, and restore the native aquatic and terrestrial communities and their characteristics found within the Refuge Complex and the San Francisco Bay ecosystem in partnership with governmental, nongovernmental, and private organizations and private individuals dedicated to fish and wildlife habitat preservation, protection, recovery, restoration, or enhancement. (3) To facilitate partnerships among the Service, the State of California, regional and local governments, Indian tribes, communities, conservation organizations and other non-Federal entities to promote community stewardship and to enhance public awareness and appreciation among urban and metropolitan residents within the greater San Francisco Bay ecosystem of the natural resources of the Refuge Complex and the importance of maintaining fish and wildlife habitat to compensate for the significant scale of human development and land conversion that has occurred in this region of northern California. (4) To advance the collective goals, priorities, and strategies established in the covered report in order to protect, preserve, conserve, manage, restore, recover, or enhance fish and wildlife habitat in the San Francisco Bay ecosystem. (5) To provide for the systematic monitoring of key species and environmental health in general, to facilitate programs to control or eradicate harmful, non-native invasive species, to advance adaptive approaches to planning, carbon sequestration, and natural shoreline protection, and to implement landscape- level strategies for ecosystem recovery, restoration and enhancement. SEC. 3. REFUGE COMPLEX BOUNDARIES. (a) In General.--There shall be included within the boundaries of the Refuge Complex those existing refuge dunes, beaches, marshes and sloughs, tidal flats, salt ponds, submerged lands, islands, and other lands and open waters in the San Francisco Bay and Monterey Bay ecosystems as generally depicted on the map entitled ``San Francisco Bay NWR Complex'' and dated April 2008, including-- (1) Antioch Dunes National Wildlife Refuge; (2) Don Edwards San Francisco Bay National Wildlife Refuge; (3) Ellicott Slough National Wildlife Refuge; (4) Farallon National Wildlife Refuge; (5) Marin Islands National Wildlife Refuge; (6) Salinas River National Wildlife Refuge; (7) San Pablo Bay National Wildlife Refuge; and (8) any other areas added to the Refuge Complex after date of enactment of this Act. (b) Availability of Map.--The map referred to in subsection (a) shall be held on file and available for public inspection in the appropriate offices of the Service. (c) Boundary Revisions.--The Secretary may from time to time make such corrections to the boundaries of the Refuge Complex as may be appropriate to carry out the purposes of the Refuge Complex as specified under this Act or to facilitate the acquisition of property within the Refuge Complex pursuant to section 5. SEC. 4. NOTIFICATION OF ESTABLISHMENT AND ADMINISTRATION. (a) Notification of Establishment.--No later than 180 days after date of enactment of this Act, the Secretary shall establish the Refuge Complex by publication of a notice to that effect in the Federal Register. (b) Administration.--Prior to the establishment of the Refuge Complex and thereafter, the Secretary shall administer all federally owned lands, waters, and interests therein acquired for the Refuge Complex in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this Act. The Secretary may utilize such additional statutory authority as may be available to the Secretary for the conservation, management, and restoration of fish and wildlife and natural resources, the development of wildlife dependent outdoor recreation opportunities, and facilitation of fish and wildlife interpretation and education as the Secretary considers appropriate to carry out the purposes of this Act. (c) Priority Uses.--In providing opportunities for compatible fish and wildlife dependent recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation, photography, and environmental education and interpretation are the priority public uses of the Refuge Complex. Each refuge within the Refuge Complex shall continue to provide those uses compatible with the establishment of that refuge. (d) Cooperative Agreements Regarding Non-Federal Lands.--The Secretary may enter into cooperative agreements with the State of California, its departments or agencies, or any political subdivision thereof, and with any other person for the management in a manner consistent with this Act of lands that are owned by such State, subdivision, or other person and located within the boundaries of the Refuge Complex and to promote public awareness of the natural resources of the San Francisco Bay ecosystem and encourage public participation in the conservation of those resources. SEC. 5. ACQUISITION AND TRANSFER OF LANDS AND WATERS FOR REFUGE COMPLEX. (a) Acquisitions.--The Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange the lands and waters or interests therein (including conservation easements) within the boundaries of the Refuge Complex, except that lands, waters, and interests therein owned by the State of California may be acquired only by donation. (b) Transfers From Other Agencies.--Any Federal property located within the boundaries of the Refuge Complex as described by this Act, that is under the administrative jurisdiction of a department or agency of the United States other than the Department of the Interior may, with the mutual concurrence of the head of the administering department or agency and the Secretary, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this Act. SEC. 6. REPEAL. Public Law 92-330 is repealed effective upon the date on which the Secretary publishes a notice of establishment of the Refuge Complex under section 4(a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) such sums as may be necessary for the acquisition of lands and waters, or interests in lands and waters, within the Refuge Complex; (2) such sums as may be necessary for the development, operation and maintenance of the Refuge Complex; and (3) such sums as may be necessary to facilitate the recovery and restoration of fish and wildlife habitats within the Refuge Complex. SEC. 8. DEFINITIONS. For the purposes of this Act-- (1) the term ``covered report'' means the report entitled ``Baylands Ecosystem Habitat Goals: A Report of Habitat Recommendations Prepared By the San Francisco Bay Area Wetlands Ecosystem Goals Project, U.S. Environmental Protection Agency, San Francisco, California/S.F. Bay Regional Water Quality Control Board, Oakland, California. 1999''; (2) the term ``harmful non-native species'' means, with respect to a particular ecosystem in a particular region, any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem and has a demonstrable or potentially demonstrable negative environmental or economic impact in that region; (3) the term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); (4) the term ``Refuge Complex'' means the San Francisco Bay National Wildlife Refuge Complex established by this Act; (5) the term ``Secretary'' means the Secretary of the Interior; and (6) the term ``Service'' means the United States Fish and Wildlife Service.

San Francisco Bay National Wildlife Refuge Complex Establishment Act - Directs the Secretary of the Interior to establish the San Francisco Bay National Wildlife Refuge Complex (Refuge Complex) as an urban ecosystem wildlife refuge and to publish notice of its establishment in the Federal Register. Establishes boundaries for the Refuge Complex and authorizes the Secretary to make corrections to its boundaries. Repeals Public Law 92-330 (providing for the establishment of the San Francisco Bay National Wildlife Refuge) as of the date on which the Secretary publishes notice of the establishment of the Refuge Complex in the Federal Register.

To provide for the establishment of the San Francisco Bay National Wildlife Refuge Complex.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Addiction Treatment Modernization Act''. SEC. 2. FINDINGS. The Congress finds that opioid addiction has become a public health epidemic that must be addressed by increasing awareness and access to all treatment options for opioid addiction, overdose reversal, and relapse prevention. SEC. 3. OPIOID ADDICTION TREATMENT MODERNIZATION. (a) In General.--Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) is amended-- (1) by adding at the end the following: ``(3) The standards under paragraph (1)(A) (for determining whether a practitioner is qualified to engage in the treatment with respect to which registration is sought) shall include a requirement for completion, every 2 years, of training-- ``(A) provided (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) by an organization such as the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, the American Association for the Treatment of Opioid Dependence, the National Council for Behavioral Health, or any other organization that the Secretary determines is appropriate; and ``(B) addressing-- ``(i) opioid detoxification; ``(ii) appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of opioid addiction; ``(iii) the need for initial and periodic assessments of each patient; ``(iv) the development of an individualized treatment plan for each patient; and ``(v) the importance of providing overdose reversal and relapse prevention, and appropriate counseling and other services.''; (2) in paragraph (2)(B), by inserting ``and annually thereafter,'' after ``before the initial dispensing of narcotic drugs in schedule III, IV, or V or combinations of such drugs to patients for maintenance or detoxification treatment,''; (3) by amending paragraph (2)(B)(ii) to read as follows: ``(ii) With respect to patients to whom the practitioner will provide such drugs or combinations of drugs, the practitioner has the capacity to provide directly or by referral-- ``(I) all drugs approved by the Food and Drug Administration for the treatment of opioid addiction, including, as available, opioid maintenance, detoxification, and overdose reversal and relapse prevention; and ``(II) appropriate counseling and ancillary services.''; (4) by redesignating clause (iii) of paragraph (2)(B) as clause (iv); (5) after paragraph (2)(B)(ii), by inserting the following: ``(iii) The practitioner maintains a diversion control plan that contains specific measures to reduce the likelihood of the diversion of controlled substances prescribed by the practitioner for the treatment of opioid addiction.''; (6) by amending paragraph (2)(G)(ii) to read as follows: ``(ii) The term `qualifying physician' means a physician who meets the following: ``(I) The physician is licensed under State law. ``(II) The physician meets one or more of the following conditions: ``(aa) The physician holds a subspecialty board certification in addiction psychiatry from the American Board of Medical Specialties. ``(bb) The physician holds an addiction certification from the American Society of Addiction Medicine. ``(cc) The physician holds a subspecialty board certification in addiction medicine from the American Osteopathic Association. ``(dd) The physician has participated as an investigator in one or more clinical trials leading to the approval of a narcotic drug in schedule III, IV, or V for maintenance or detoxification treatment or the approval of a drug for the treatment of opioid addiction, as demonstrated by a statement submitted to the Secretary by the sponsor of such approved drug. ``(ee) The physician has such other training or experience as the State medical licensing board (of the State in which the physician will provide maintenance or detoxification treatment) considers to demonstrate the ability of the physician to treat and manage opiate-dependent patients. ``(ff) The physician has such other training or experience as the Secretary considers to demonstrate the ability of the physician to treat and manage opiate-dependent patients. Any criteria of the Secretary under this item shall be established by regulation. Any such criteria are effective only for 3 years after the date on which the criteria are promulgated, but may be extended for such additional discrete 3-year periods as the Secretary considers appropriate for purposes of this item. Such an extension of criteria may only be effectuated through a statement published in the Federal Register by the Secretary during the 30-day period preceding the end of the 3-year period involved. ``(iii) The physician completes, with respect to the treatment and management of opiate-dependent patients, not less than 8 hours of training described in paragraph (3) not less frequently than every 2 years. ``(iv) The physician obtains in writing from each patient a signed acknowledgment that the patient-- ``(I) will be subject to medication adherence and substance use monitoring; ``(II) understands available treatment options, including drugs approved by the Food and Drug Administration for the treatment of opioid addiction and their potential risks and benefits; and ``(III) has an individualized treatment plan.''; and (7) by amending paragraph (2)(H)(ii) to read as follows: ``(ii) Not later than one year after the date of enactment of the Opioid Addiction Treatment Modernization Act, the Secretary shall update the treatment improvement protocol containing best practice guidelines for the treatment of opiate-dependent patients. The Secretary shall update such protocol in consultation with the Director of the National Institute on Drug Abuse, the Administrator of the Drug Enforcement Administration, the Commissioner of Food and Drugs, the Administrator of the Substance Abuse and Mental Health Services Administration, and other substance abuse disorder professionals. Updates to the protocol shall be guided by science.''. (b) Inspection Authority.--The Secretary of Health and Human Services or the Attorney General of the United States may inspect persons that are registered under section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) to ensure compliance with the requirements in this Act (and the amendments made by this Act) with respect to which noncompliance may result in a revocation or suspension of the practitioner's registration. (c) Certification of Compliance.--Not later than 1 year after the date of enactment of this Act, all practitioners who, as of such date of enactment, are permitted to dispense narcotic drugs to individuals (for maintenance treatment or detoxification treatment) pursuant to paragraph (1) or (2) of section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) shall submit a certification to the Secretary of Health and Human Services of compliance with the provisions of such section 303(g), as amended by this Act. (d) Reports to Congress.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General of the United States shall-- (A) perform a thorough review of the provision of opioid addiction treatment services in the United States; and (B) submit a report to the Congress on the findings and conclusions of such review. (2) Contents.--Each report under paragraph (1) shall include-- (A) an assessment of compliance with the requirements of section 303(g) of the Controlled Substances Act, as amended by this Act; (B) a description of the measures taken by the Secretary of Health and Human Services to ensure such compliance; and (C) an assessment of-- (i) whether the full range of science- and evidence-based treatment options for opioid addiction are fully integrated into treatment; and (ii) the circumstances surrounding medication diversion and misuse.

Opioid Addiction Treatment Modernization Act This bill amends the Controlled Substances Act to require a practitioner who administers or dispenses narcotic drugs for maintenance or detoxification treatment in an opioid treatment program to complete training every two years. The legislation revises the waiver requirements for a physician who wants to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. Currently, such physician must notify the Department of Health and Human Services (HHS) and certify that he or she is a qualifying physician, has the capacity to refer patients for appropriate counseling and ancillary services, and will comply with a patient limit. This bill requires a physician to also certify that he or she maintains a diversion control plan and has the capacity to provide directly or by referral all drugs approved by the Food and Drug Administration for the treatment of opioid addiction. The bill modifies the definition of a "qualifying physician." Currently, a qualifying physician must be licensed in a state and have expertise (such as relevant certification, training, or experience). This legislation requires a qualifying physician to also complete training every two years and obtain written consent from each patient regarding available treatment options.  It permits HHS or the Department of Justice to inspect registered practitioners who dispense narcotics to ensure compliance with the requirements of this Act. All practitioners who are permitted to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment must submit to HHS a certification of compliance with the requirements of this Act. The Government Accountability Office must review opioid addition treatment services in the United States and report findings to Congress every five years.

Opioid Addiction Treatment Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Recovery Through Oversight of Proprietary Trading Act of 2010'' or the ``PROP Trading Act''. SEC. 2. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS; CONFLICTS OF INTEREST. The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is amended by inserting after section 5 the following: ``SEC. 6. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS. ``(a) In General.-- ``(1) Prohibition.--Unless otherwise provided in this section, a banking entity shall not-- ``(A) engage in proprietary trading; or ``(B) take or retain any equity, partnership, or other ownership interest in or sponsor a hedge fund or a private equity fund. ``(2) Specified nonbank financial companies.--Any specified nonbank financial company that engages in proprietary trading or takes or retains any equity, partnership, or other ownership interest in or sponsors a hedge fund or a private equity fund shall be subject to additional capital requirements for and additional quantitative limits on such proprietary trading and taking or retaining any equity, partnership, or other ownership interest in or sponsorship of a hedge fund or a private equity fund. ``(b) Regulations.--Not later than 180 days after the date of enactment of this section, the Board and the Federal Deposit Insurance Corporation shall, in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission, jointly adopt rules to effectuate the provisions of this section. Such rules shall give full effect to the prudential intent of the Congress regarding this section. ``(c) Effective Date.-- ``(1) In general.--The provisions of this section shall take effect 18 months after the date of adoption of final rules under subsection (b), but not later than 24 months after the date of enactment of the PROP Trading Act. ``(2) Transition period.--The Board and the Federal Deposit Insurance Corporation shall provide a grace period, not to exceed 24 months after the date of enactment of the PROP Trading Act, during which subsection (a) shall not apply to banking entities and specified nonbank financial companies, so that such entities and companies may come into compliance with this section. ``(d) Excluded Activities.-- ``(1) In general.--Subject to the limitations of paragraph (2), in promulgating rules pursuant to subsection (b), the Board and the Federal Deposit Insurance Corporation may exclude from the restrictions of subsection (a) any transaction, class of transactions, or activity (in this section referred to as `excluded activities'), including but not limited to-- ``(A) the purchase or sale of obligations of the United States or any agency thereof, obligations, participations, or other instruments of, or, issued by the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, and obligations of any State or, of any political subdivision thereof; ``(B) underwriting and market-making to serve clients, customers, or counterparties; ``(C) risk-mitigating hedging activities; ``(D) investment in one or more small business investment companies or investments designed primarily to promote the public welfare, as provided in paragraph (11) of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24); and ``(E) proprietary trading conducted by a person pursuant to paragraph (9) or (13) of section 4(c), provided that the trading occurs solely outside of the United States and that the person is not directly or indirectly controlled or beneficially owned by a United States person. ``(2) Limitation on excluded activities.--No transaction, class of transactions, or activity may be deemed an excluded activity under paragraph (1) if it-- ``(A) would result in a material conflict of interest between the banking entity or the nonbank financial company and its clients, customers, or counterparties; ``(B) would result, directly or indirectly, in exposure to high risk assets or high risk trading strategies, as such terms are defined jointly by rule by the Board and the Federal Deposit Insurance Corporation; ``(C) would pose a threat to the safety and soundness of such banking entity or the nonbank financial company; or ``(D) would pose a threat to the financial stability of the United States. ``(e) Limitations on Relationships With Hedge Funds and Private Equity Funds.-- ``(1) In general.--No banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund may enter into a covered transaction, as defined in section 23A of the Federal Reserve Act (12 U.S.C. 371c) with, or provide custody, securities lending, or other prime brokerage services to, such person. ``(2) Treatment as member bank.--A banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund shall be subject to section 23B of the Federal Reserve Act (12 U.S.C. 371c-1), as if such person were a member bank and such hedge fund or private equity fund were an affiliate thereof. ``(f) Limitation on Contrary Authority.--No activity that is authorized for a banking entity or a specified nonbank financial company under any other provision of law may be engaged in, directly or indirectly, by a banking entity or a specified financial company under such authority or under any other provision of law, if such activity is prohibited or restricted under this section. ``(g) Rule of Construction.--Nothing in this section may be construed to limit the inherent authority of any other Federal agency under otherwise applicable provisions of law. ``(h) Definitions.-- ``(1) Proprietary trading.-- ``(A) In general.--As used in this section, the term `proprietary trading' means engaging as a principal in any transaction to purchase or sell, or which would put capital at risk as a principal in or related to any stock, bond, option, contract of sale of a commodity for future delivery, swap, security-based swap, or any other security or financial instrument which the Board and the Federal Deposit Insurance Corporation shall jointly, by rule, determine. ``(B) Consideration.--The Board and the Federal Deposit Insurance Corporation shall, prior to the adoption of rules pursuant to this subsection, consider, in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission-- ``(i) the length of time that the relevant asset or combination of assets is held; ``(ii) the size and direction of the inventory of the relevant asset, relative to the size and direction of client demand in the relevant asset; ``(iii) whether the asset is for investment or trading purposes; ``(iv) any leverage applied to or embedded in an asset; ``(v) the maximum loss exposure of an asset; ``(vi) the total holdings of assets for market-making purposes; ``(vii) the total holdings of over-the- counter derivatives; ``(viii) the total leverage of the institution; and ``(ix) any other factors that the Board and the Federal Deposit Insurance Corporation may determine appropriate. ``(2) Banking entity.--The term `banking entity' means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), person that controls an insured depository institution, bank holding company, institution that is treated as a bank holding company for purposes of any other provision of law, and any affiliate or subsidiary of any such entity. ``(3) Specified nonbank financial company.--The term `specified nonbank financial company' means any U.S. nonbank financial company or foreign nonbank financial company subject to prudential supervision by the Board. ``(4) Investment company related terms.--The terms `hedge fund' and `private equity fund' mean a company or other entity that is exempt from registration as an investment company pursuant to section 3(c)(1) or 3(c)(7) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(1) or 80a-3(c)(7)), or such similar funds as determined appropriate by the Board. ``(5) Sponsoring.--The term `sponsoring' a fund means-- ``(A) serving as a general partner, managing member, or trustee of a fund; ``(B) in any manner selecting or controlling (or having employees, officers, or directors, or agents who constitute) a majority of the directors, trustees, or management of a fund; or ``(C) sharing with a fund, for corporate, marketing, promotional, or other purposes, the same name or a variation of the same name.''. SEC. 3. CONFLICTS OF INTEREST IN SECURITIZATION. The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended by inserting after section 27A the following: ``SEC. 27B. CONFLICTS OF INTEREST RELATING TO CERTAIN SECURITIZATIONS. ``(a) In General.--An underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security, shall not, during such period as the asset-backed security is outstanding and held by investors that are unaffiliated with such underwriter, placement agent, initial purchaser, or sponsor, engage in any transaction that would-- ``(1) give rise to any material conflict of interest with respect to any investor in a transaction arising out of such activity; or ``(2) undermine the value, risk, or performance of the asset-backed security. ``(b) Commission Rules.--Not later than 180 days after the date of enactment of this section, the Commission shall, by rule, impose restrictions on the timing and extent of proprietary trading by an underwriter, placement agent, initial purchaser, or sponsor and any affiliates or subsidiaries of such entity in any securities, security- based swaps, or similar financial instruments that are derived from, or related to, an asset-backed security for which the entity, its affiliate, or its subsidiary acts as underwriter, placement agent, initial purchaser, or sponsor.''.

Protect Our Recovery Through Oversight of Proprietary Trading Act of 2010 or the PROP Trading Act - Amends the Bank Holding Company Act of 1956 to prohibit a banking entity from: (1) engaging in proprietary trading; or (2) having an ownership interest in or sponsoring a hedge fund or a private equity fund. Subjects any specified nonbank financial company holding such proprietary trading and ownership interests to additional capital requirements and additional quantitative limits. Directs the Board of Governors of the Federal Reserve System (Board) and the Federal Deposit Insurance Corporation (FDIC) to adopt rules jointly to implement this Act. Authorizes the Board and the FDIC to exclude from such prohibitions specified transactions or activities, including: (1) the purchase or sale of obligations of the United States or any federal agency; (2) instruments issued by the Government National Mortgage Association (Ginnie Mae), the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage Corporation (Freddie Mac); and (3) obligations of any state or its political subdivision. Prohibits from the class of excluded activities any transactions that would: (1) result in a material conflict of interest between the banking entity or the nonbank financial company and its clients, customers, or counterparties; (2) result in exposure to high risk assets or high risk trading strategies; (3) threaten the safety and soundness of a banking entity or the nonbank financial company; or (4) threaten the financial stability of the United States. Prohibits any banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund from entering into a covered transaction with, or provide custody, securities lending, or other prime brokerage services to, such person. Treats a banking entity that serves as investment manager or investment adviser to a hedge fund or private equity fund as if: (1) it were a member bank subject to the Federal Reserve Act; and (2) the hedge fund or private equity fund were an affiliate thereof. Amends the Securities Act of 1933 to prohibit an underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security, while the security is outstanding and held by unaffiliated investors, from engaging in any transaction that would: (1) give rise to any material conflict of interest with respect to any investor; or (2) undermine the value, risk, or performance of such security

A bill to prohibit proprietary trading and certain relationships with hedge funds and private equity funds, to address conflicts of interest with respect to certain securitizations, and for other purposes.

SECTION 1. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Conservation area.--The term ``Conservation Area'' means the Las Cienegas National Conservation Area established by section 4(a). (2) Acquisition planning district.--The term ``Acquisition Planning District'' means the Sonoita Valley Acquisition Planning District established by section 2(a). (3) Management plan.--The term ``management plan'' means the management plan for the Conservation Area. (4) Public lands.--The term ``public lands'' has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except that such term shall not include interest in lands not owned by the United States. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. ESTABLISHMENT OF THE SONOITA VALLEY ACQUISITION PLANNING DISTRICT. (a) In General.--In order to provide for future acquisitions of important conservation land within the Sonoita Valley region of the State of Arizona, there is hereby established the Sonoita Valley Acquisition Planning District. (b) Areas Included.--The Acquisition Planning District shall consist of approximately 142,800 acres of land in the Arizona counties of Pima and Santa Cruz, including the Conservation Area, as generally depicted on the map entitled ``Sonoita Valley Acquisition Planning District and Las Cienegas National Conservation Area'' and dated October 2, 2000. (c) Map and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Acquisition Planning District. In case of a conflict between the map referred to in subsection (b) and the map and legal description submitted by the Secretary, the map referred to in subsection (b) shall control. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management in Arizona. SEC. 3. PURPOSES OF THE ACQUISITION PLANNING DISTRICT. (a) In General.--The Secretary shall negotiate with land owners for the acquisition of lands and interest in lands suitable for Conservation Area expansion that meet the purposes described in section 4(a). The Secretary shall only acquire property under this Act pursuant to section 7. (b) Federal Lands.--The Secretary, through the Bureau of Land Management, shall administer the public lands within the Acquisition Planning District pursuant to this Act and the applicable provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), subject to valid existing rights, and in accordance with the management plan. Such public lands shall become part of the Conservation Area when they become contiguous with the Conservation Area. (c) Fish and Wildlife.--Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Arizona with respect to fish and wildlife within the Acquisition Planning District. (d) Protection of State and Private Lands and Interests.--Nothing in this Act shall be construed as affecting any property rights or management authority with regard to any lands or interest in lands held by the State of Arizona, any political subdivision of the State of Arizona, or any private property rights within the boundaries of the Acquisition Planning District. (e) Public Lands.--Nothing in this Act shall be construed as in any way diminishing the Secretary's or the Bureau of Land Management's authorities, rights, or responsibilities for managing the public lands within the Acquisition Planning District. (f) Coordinated Management.--The Secretary shall coordinate the management of the public lands within the Acquisition Planning District with that of surrounding county, State, and private lands consistent with the provisions of subsection (d). SEC. 4. ESTABLISHMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA. (a) In General.--In order to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important aquatic, wildlife, vegetative, archaeological, paleontological, scientific, cave, cultural, historical, recreational, educational, scenic, rangeland, and riparian resources and values of the public lands described in subsection (b) while allowing livestock grazing and recreation to continue in appropriate areas, there is hereby established the Las Cienegas National Conservation Area in the State of Arizona. (b) Areas Included.--The Conservation Area shall consist of approximately 42,000 acres of public lands in the Arizona counties of Pima and Santa Cruz, as generally depicted on the map entitled ``Sonoita Valley Acquisition Planning District and Las Cienegas National Conservation Area'' and dated October 2, 2000. (c) Maps and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Conservation Area. In case of a conflict between the map referred to in subsection (b) and the map and legal description submitted by the Secretary, the map referred to in subsection (b) shall control. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management in Arizona. (d) Forest Lands.--Any lands included in the Coronado National Forest that are located within the boundaries of the Conservation Area shall be considered to be a part of the Conservation Area. The Secretary of Agriculture shall revise the boundaries of the Coronado National Forest to reflect the exclusion of such lands from the Coronado National Forest. SEC. 5. MANAGEMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA. (a) In General.--The Secretary shall manage the Conservation Area in a manner that conserves, protects, and enhances its resources and values, including the resources and values specified in section 4(a), pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable law, including this Act. (b) Uses.--The Secretary shall allow only such uses of the Conservation Area as the Secretary finds will further the purposes for which the Conservation Area is established as set forth in section 4(a). (c) Grazing.--The Secretary of the Interior shall permit grazing subject to all applicable laws, regulations, and Executive orders consistent with the purposes of this Act. (d) Motorized Vehicles.--Except where needed for administrative purposes or to respond to an emergency, use of motorized vehicles on public lands in the Conservation Area shall be allowed only-- (1) before the effective date of a management plan prepared pursuant to section 6, on roads and trails designated for use of motorized vehicles in the management plan that applies on the date of the enactment of this Act; and (2) after the effective date of a management plan prepared pursuant to section 6, on roads and trails designated for use of motor vehicles in that management plan. (e) Military Airspace.--Prior to the date of the enactment of this Act the Federal Aviation Administration approved restricted military airspace (Areas 2303A and 2303B) which covers portions of the Conservation Area. Designation of the Conservation Area shall not impact or impose any altitude, flight, or other airspace restrictions on current or future military operations or missions. Should the military require additional or modified airspace in the future, the Congress does not intend for the designation of the Conservation Area to impede the military from petitioning the Federal Aviation Administration to change or expand existing restricted military airspace. (f) Access to State and Private Lands.--Nothing in this Act shall affect valid existing rights-of-way within the Conservation Area. The Secretary shall provide reasonable access to nonfederally owned lands or interest in lands within the boundaries of the Conservation Area. (g) Hunting.--Hunting shall be allowed within the Conservation Area in accordance with applicable laws and regulations of the United States and the State of Arizona, except that the Secretary, after consultation with the Arizona State wildlife management agency, may issue regulations designating zones where and establishing periods when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. (h) Preventative Measures.--Nothing in this Act shall preclude such measures as the Secretary determines necessary to prevent devastating fire or infestation of insects or disease within the Conservation Area. (i) No Buffer Zones.--The establishment of the Conservation Area shall not lead to the creation of protective perimeters or buffer zones around the Conservation Area. The fact that there may be activities or uses on lands outside the Conservation Area that would not be permitted in the Conservation Area shall not preclude such activities or uses on such lands up to the boundary of the Conservation Area consistent with other applicable laws. (j) Withdrawals.--Subject to valid existing rights all Federal lands within the Conservation Area and all lands and interest therein which are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto. SEC. 6. MANAGEMENT PLAN. (a) Plan Required.--Not later than 2 years after the date of the enactment of this Act, the Secretary, through the Bureau of Land Management, shall develop and begin to implement a comprehensive management plan for the long-term management of the public lands within the Conservation Area in order to fulfill the purposes for which it is established, as set forth in section 4(a). Consistent with the provisions of this Act, the management plan shall be developed-- (1) in consultation with appropriate departments of the State of Arizona, including wildlife and land management agencies, with full public participation; (2) from the draft Empire-Cienega Ecosystem Management Plan/ EIS, dated October 2000, as it applies to Federal lands or lands with conservation easements; and (3) in accordance with the resource goals and objectives developed through the Sonoita Valley Planning Partnership process as incorporated in the draft Empire-Cienega Ecosystem Management Plan/EIS, dated October 2000, giving full consideration to the management alternative preferred by the Sonoita Valley Planning Partnership, as it applies to Federal lands or lands with conservation easements. (b) Contents.--The management plan shall include-- (1) provisions designed to ensure the protection of the resources and values described in section 4(a); (2) an implementation plan for a continuing program of interpretation and public education about the resources and values of the Conservation Area; (3) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resource objectives for the Conservation Area and with the other proposed management activities to accommodate visitors to the Conservation Area; (4) cultural resources management strategies for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona, with emphasis on the preservation of the resources of the Conservation Area and the interpretive, educational, and long-term scientific uses of these resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Conservation Area; (5) wildlife management strategies for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona and using previous studies of the Conservation Area; (6) production livestock grazing management strategies, prepared in consultation with appropriate departments of the State of Arizona; (7) provisions designed to ensure the protection of environmentally sustainable livestock use on appropriate lands within the Conservation Area; (8) recreation management strategies, including motorized and nonmotorized dispersed recreation opportunities for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona; (9) cave resources management strategies prepared in compliance with the goals and objectives of the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); and (10) provisions designed to ensure that if a road or trail located on public lands within the Conservation Area, or any portion of such a road or trail, is removed, consideration shall be given to providing similar alternative access to the portion of the Conservation Area serviced by such removed road or trail. (c) Cooperative Agreements.--In order to better implement the management plan, the Secretary may enter into cooperative agreements with appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)). (d) Research Activities.--In order to assist in the development and implementation of the management plan, the Secretary may authorize appropriate research, including research concerning the environmental, biological, hydrological, cultural, agricultural, recreational, and other characteristics, resources, and values of the Conservation Area, pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)). SEC. 7. LAND ACQUISITION. (a) In General.-- (1) Priority to conservation easements.--In acquiring lands or interest in lands under this section, the Secretary shall give priority to such acquisitions in the form of conservation easements. (2) Private lands.--The Secretary is authorized to acquire privately held lands or interest in lands within the boundaries of the Acquisition Planning District only from a willing seller through donation, exchange, or purchase. (3) County lands.--The Secretary is authorized to acquire county lands or interest in lands within the boundaries of the Acquisition Planning District only with the consent of the county through donation, exchange, or purchase. (4) State lands.-- (A) In general.--The Secretary is authorized to acquire lands or interest in lands owned by the State of Arizona located within the boundaries of the Acquisition Planning District only with the consent of the State and in accordance with State law, by donation, exchange, or purchase. (B) Consideration.--As consideration for the acquisitions by the United States of lands or interest in lands under this paragraph, the Secretary shall pay fair market value for such lands or shall convey to the State of Arizona all or some interest in Federal lands (including buildings and other improvements on such lands or other Federal property other than real property) or any other asset of equal value within the State of Arizona. (C) Transfer of jurisdiction.--All Federal agencies are authorized to transfer jurisdiction of Federal lands or interest in lands (including buildings and other improvements on such lands or other Federal property other than real property) or any other asset within the State of Arizona to the Bureau of Land Management for the purpose of acquiring lands or interest in lands as provided for in this paragraph. (b) Management of Acquired Lands.--Lands acquired under this section shall, upon acquisition, become part of the Conservation Area and shall be administered as part of the Conservation Area. These lands shall be managed in accordance with this Act, other applicable laws, and the management plan. SEC. 8. REPORTS TO CONGRESS. (a) Protection of Certain Lands.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the most effective measures to protect the lands north of the Acquisition Planning District within the Rincon Valley, Colossal Cave area, and Agua Verde Creek corridor north of Interstate 10 to provide an ecological link to Saguaro National Park and the Rincon Mountains and contribute to local government conservation priorities. (b) Implementation of This Act.--Not later than 5 years after the date of the enactment of this Act, and at least at the end of every 10- year period thereafter, the Secretary shall submit to Congress a report describing the implementation of this Act, the condition of the resources and values of the Conservation Area, and the progress of the Secretary in achieving the purposes for which the Conservation Area is established as set forth in section 4(a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary to develop and begin to implement a comprehensive management plan for the long-term management of the Area. Authorizes the Secretary to acquire for the Area surrounding lands within the District owned by private individuals, local counties, or the State of Arizona. Requires the Secretary to report to Congress: (1) describing the most effective measures for the protection of certain lands north of the District; and (2) five years after the enactment of this Act, and at least every ten years thereafter, on the implementation of this Act.

Las Cienegas National Conservation Area Establishment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Multifamily Housing Loan Limit Improvement Act''. SEC. 2. INDEXING OF MULTIFAMILY MORTGAGE LIMITS. (a) Section 207 Limits.--Section 207(c)(3) of the National Housing Act (12 U.S.C. 1713(c)(3)) is amended-- (1) by striking ``11,250'' and inserting ``$17,460''; (2) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (3) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph)''. (b) Section 213 Limits.--Section 213(b)(2) of the National Housing Act (12 U.S.C. 1715e(b)(2)) is amended-- (1) by striking ``$38,025'', ``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'', and inserting ``$41,207'', ``$47,511'', ``$57,300'', ``$73,343'', and ``$81,708'', respectively; (2) by striking ``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'', and inserting ``$49,710'', ``$60,446'', ``$78,197'', and ``$85,836'', respectively; (3) by inserting after the colon at the end of the first proviso the following: ``Provided further, That the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce:''; and (4) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph)''. (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended-- (1) by inserting after ``foregoing dollar amount limitations contained in this clause'', the first place such phrase appears, the following: ``(as such limitations may have been previously adjusted pursuant to this clause)''. (2) by inserting after ``Provided,'' the following: ``That the Secretary shall adjust each such dollar amount limitation set forth in this clause (as such limitation may have been previously adjusted pursuant to this clause) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce: Provided further,''; and (3) by striking ``(as determined after the application of the preceding proviso)'' and inserting ``(as such limitations may have been previously adjusted pursuant to the preceding proviso and as determined after application of any percentage increase authorized in this clause relating to units with 2, 3, 4, or more bedrooms)''. (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended-- (1) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this clause (as such limitation may have been previously adjusted pursuant to this clause) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12- month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (2) by inserting after ``foregoing dollar amount limitations contained in this clause'' the following: ``(as such limitations may have been previously adjusted pursuant to this clause)''. (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended-- (1) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this clause (as such limitation may have been previously adjusted pursuant to this clause) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12- month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (2) by inserting after ``foregoing dollar amount limitations contained in this clause'' the following: ``(as such limitations may have been previously adjusted pursuant to this clause)''. (f) Section 231 Limits.--Section 231(c)(2) of the National Housing Act (12 U.S.C. 1715v(c)(2)) is amended-- (1) by inserting before ``; and except that'' the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; and (2) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph)''. (g) Section 234 Limits.--Section 234(e)(3) of the National Housing Act (12 U.S.C. 1715y(e)(3)) is amended-- (1) by inserting before ``; except that'' the second place such phrase appears the following: ``; except that the Secretary shall adjust each such dollar amount limitation set forth in this paragraph (as such limitation may have been previously adjusted pursuant to this paragraph) effective January 1 of each year, beginning in 2003, in accordance with the percentage increase, if any, during the 12-month period ending with the preceding October, in the Annual Construction Cost Index of the Bureau of the Census of the Department of Commerce''; (2) by inserting after ``each of the foregoing dollar amounts'' the following: ``(as such amounts may have been previously adjusted pursuant to this paragraph)''; and (3) by inserting after ``foregoing dollar amount limitations contained in this paragraph'' the following: ``(as such limitations may have been previously adjusted pursuant to this paragraph and increased pursuant to the preceding clause)''. SEC. 2. HIGH-COST AREAS. (a) Section 207 Limits.--Section 207(c)(3) of the National Housing Act (12 U.S.C. 1713(c)(3)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (b) Section 213 Limits.--Section 213(b)(2) of the National Housing Act (12 U.S.C. 1715e(b)(2)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (f) Section 231 Limits.--Section 231(c)(2) of the National Housing Act (12 U.S.C. 1715v(c)(2)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''. (g) Section 234 Limits.--Section 234(e)(3) of the National Housing Act (12 U.S.C. 1715y(e)(3)) is amended-- (1) by striking ``140 percent'' and inserting ``170 percent''; and (2) by striking ``110 percent'' and inserting ``140 percent''.

FHA Multifamily Housing Loan Limit Improvement Act - Amends the National Housing Act to increase and index to the Bureau of the Census' annual construction cost index multifamily project mortgage loan limits for: (1) rental housing; (2) cooperative housing; (3) rehabilitation and neighborhood conservation housing; (4) housing for moderate income and displaced families; (5) housing for the elderly; and (6) condominiums.Increases loan limits in high-cost areas.

A bill to adjust the indexing of multifamily mortgage limits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Mental Health Modernization Act of 2000''. SEC. 2. FINDINGS. The Senate finds the following: (1) Older people have the highest rate of suicide of any population in the United States, and the suicide rate of that population increases with age, with individuals 65 and older accounting for 20 percent of all suicide deaths in the United States, while comprising only 13 percent of the population of the United States. (2) Disability due to mental illness in individuals over 65 years old will become a major public health problem in the near future because of demographic changes. In particular, dementia, depression, schizophrenia, among other conditions, will all present special problems for this age group. (3) Major depression is strikingly prevalent among older people, with between 8 and 20 percent of older people in community studies and up to 37 percent of those seen in primary care settings experiencing symptoms of depression. (4) Almost 20 percent of the population of individuals age 55 and older, experience specific mental disorders that are not part of normal aging. (5) Unrecognized and untreated depression, Alzheimer's disease, anxiety, late-life schizophrenia, and other mental conditions can be severely impairing and may even be fatal. (6) Substance abuse, particularly the abuse of alcohol and prescription drugs, among adults 65 and older is one of the fastest growing health problems in the United States, with 17 percent of this age group suffering from addiction or substance abuse. While addiction often goes undetected and untreated among older adults, aging and disability makes the body more vulnerable to the effects of alcohol and drugs, further exacerbating other age-related health problems. Medicare coverage for addiction treatment of the elderly needs to recognize these special vulnerabilities. (7) The disabled are another population receiving inadequate mental health care through medicare. According to the Health Care Financing Administration, medicare is the primary health care coverage for the 5,000,000 non-elderly, disabled people on Social Security Disability Insurance. Up to 40 percent of these individuals have a diagnosis of mental illness, and also face severe discrimination in mental health coverage. SEC. 3. DECREASE IN MEDICARE BENEFICIARY COPAYMENT FOR OUTPATIENT MENTAL HEALTH SERVICES. (a) In General.--Section 1833(c) of the Social Security Act (42 U.S.C. 1395l(c)) is repealed. (b) Conforming Amendment.--Section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by striking the second sentence. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after the date of enactment of this Act. SEC. 4. INTENSIVE RESIDENTIAL SERVICES. (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end of and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) intensive residential services (as defined in section 1861(uu)) furnished to an individual for up to 120 days during any calendar year.''. (b) Intensive Residential Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Intensive Residential Services ``(uu)(1) Subject to paragraphs (2) and (3), the term `intensive residential services' means inpatient services provided in any of the following facilities: ``(A) Residential detoxification centers. ``(B) Crisis residential programs or mental illness residential treatment programs. ``(C) Therapeutic family or group treatment homes. ``(D) Residential centers for substance abuse treatment. ``(2) No service may be treated as an intensive residential service unless the facility at which the service is provided-- ``(A) is legally authorized to provide such service under the law of the State (or under a State regulatory mechanism provided by State law) in which the facility is located or is certified to provide such service by an appropriate accreditation entity approved by the State in consultation with the Secretary; and ``(B) meets such other requirements as the Secretary may impose to assure the quality of the intensive residential services provided. ``(3) No service may be treated as an intensive residential service under paragraph (1) unless the service is furnished in accordance with standards established by the Secretary for the management of such services.''. (c) Reduction in Days of Coverage for Inpatient Services.--Section 1812(b)(3) of the Social Security Act (42 U.S.C. 1395d(b)(3)) is amended by striking the period at the end and inserting the following: ``, reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of inpatient residential services furnished to the individual under subsection (a)(5) during the year after such services have been furnished to the individual for 120 days during the year (rounded to the nearest day).''. (d) Amount of Payment.--Section 1814 of the Social Security Act (42 U.S.C. 1395f) is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by inserting ``other than a provider of intensive residential services,'' after ``hospice care,''; and (2) by adding at the end the following new subsection: ``Payment for Intensive Residential Services ``(m)(1) Except as provided in paragraphs (2) and (3), the amount of payment under this part for intensive residential services under section 1812(a)(5) shall be equal to the lesser of-- ``(A) the reasonable cost of such services, as determined under section 1861(v), or ``(B) the customary charges with respect to such services, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A). ``(2) If intensive residential services are furnished by a public provider of services or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this clause), free of charge or at nominal charges to the public, the Secretary shall determine the amount of payment for such services in accordance with subsection (b)(2). ``(3) If (and for so long as) the conditions described in subsection (b)(3) are met, the Secretary shall determine the amount of payment for intensive residential services under the reimbursement system described in such subsection.''. SEC. 5. STUDY OF COVERAGE CRITERIA FOR ALZHEIMER'S DISEASE AND RELATED MENTAL ILLNESSES. (a) Study.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall conduct a study to determine whether the criteria for coverage of any therapy service (including occupational therapy services and physical therapy services) or any outpatient mental health care service under the medicare program under title XVIII of the Social Security Act unduly restricts the access of any medicare beneficiary who has been diagnosed with Alzheimer's disease or a related mental illness to such a service because the coverage criteria requires the medicare beneficiary to display continuing clinical improvement to continue to receive the service. (2) Determination of new coverage criteria.--If the Secretary determines that the coverage criteria described in paragraph (1) unduly restricts the access of any medicare beneficiary to the services described in such paragraph, the Secretary shall identify alternative coverage criteria that would permit a medicare beneficiary who has been diagnosed with Alzheimer's disease or a related mental illness to receive coverage for health care services under the medicare program that are designed to control symptoms, maintain functional capabilities, reduce or deter deterioration, and prevent or reduce hospitalization of the beneficiary. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the committees of jurisdiction of Congress a report on the study conducted under subsection (a) together with such recommendations for legislative and administrative action as the Secretary determines appropriate. SEC. 6. MENTAL HEALTH COUNSELING SERVICES. (a) Adding Mental Health Counselor Services to the Definition of Medical and Other Health Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395(s)(2)) is amended-- (1) in subparagraph (S), by striking ``and'' at the end; (2) in subparagraph (T)(ii), by adding ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(U) mental health counselor services (as defined in subsection (vv));''. (b) Mental Health Counselor; Mental Health Counselor Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 4, is amended by adding at the end the following new subsection: ``Mental Health Counselor; Mental Health Counselor Services ``(vv)(1) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C)(i) is licensed or certified as a mental health counselor or professional counselor by the State in which the services are performed; or ``(ii) in the case of an individual in a State that does not provide for licensure or certification-- ``(I) has completed at least 2 years or 3,000 hours of post-master's degree supervised mental health counselor practice under the supervision of a master's or doctor's level mental health provider in an appropriate setting (as determined by the Secretary); and ``(II) meet such other criteria as the Secretary establishes. ``(2) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (1)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services as performed as would otherwise be covered if furnished by a physician or as incident to a physician's professional service.''. (c) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(S)''; and (2) by inserting before the semicolon at the end the following: ``, and (T) with respect to mental health counselor services under section 1861(s)(2)(U), the amounts paid shall be 80 percent of (i) the actual charge for the services or (ii) 75 percent of the amount determined for payment of a psychologist under clause (L)''. SEC. 7. EXCLUDING CLINICAL SOCIAL WORKER SERVICES FROM COVERAGE UNDER THE MEDICARE SKILLED NURSING FACILITY PROSPECTIVE PAYMENT SYSTEM AND CONSOLIDATED PAYMENT. (a) In General.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``clinical social worker services,'' after ``qualified psychologist services,''. (b) Conforming Amendment.--Section 1861(hh)(2) of such Act (42 U.S.C. 1395x(hh)(2)) is amended by striking ``and other than services furnished to an inpatient of a skilled nursing facility which the facility is required to provide as a requirement for participation''. (c) Effective Date.--The amendments made by this section apply as if included in the enactment of section 4432(a) of the Balanced Budget Act of 1997.

Amends Medicare part A (Hospital Insurance) to provide for coverage of intensive residential services. Directs the Secretary of Health and Human Services to study and report to Congress on whether the criteria for Medicare coverage of any therapy service (including occupational and physical therapy) or any outpatient mental health care service unduly restricts the access to such a service of any Medicare beneficiary diagnosed with Alzheimer's disease or a related mental illness because the coverage criteria requires the beneficiary to display continuing clinical improvement to continue to receive the service. Amends Medicare to: (1) cover mental health counselor services; and (2) exclude clinical social worker services from coverage under the Medicare skilled nursing facility prospective payment system.

Medicare Mental Health Modernization Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mine Safety and Health Act of 2006''. SEC. 2. IMPROVED MANDATORY HEALTH AND SAFETY STANDARDS. Section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) is amended by adding at the end the following: ``(f) Establishing Improved Mandatory Health and Safety Standards.--Notwithstanding any other provision of this section regarding the promulgation of mandatory health and safety standards, and in addition to the requirements of any mandatory safety and health standard promulgated under this Act, the following shall be mandatory health and safety standards that apply to all coal or other mines: ``(1) Oxygen stations.--An operator shall strategically locate, within each area of an underground coal or other mine where miners are working, not less than 1 oxygen station that can provide the average number of miners expected to be working in such area with not less than a 4-day supply of oxygen. ``(2) Wireless emergency tracking devices.--An operator shall make available to each miner a wireless emergency tracking device that will enable rescuers to locate the miner in the event of an accident or emergency. ``(3) Wireless communications devices.--An operator shall require that each miner working in an underground coal or other mine carry a wireless text messaging or other wireless communications device that will enable rescuers or mine operators to communicate with the miner. ``(4) Communications among rescue workers.--In the event of a rescue operation, the operator of a coal or other mine shall ensure that communications relating to the rescue are transmitted only to the individuals participating in the rescue operation. ``(5) Secondary telephone service.--For each area within an underground coal or other mine where a miner is working, an operator shall provide secondary telephone service, or equivalent 2-way communication facilities, between the surface and the underground mine at an entry separate from the location of existing telephone service or equivalent facilities, in order to increase the likelihood of maintaining communications between the miner and surface or rescue personnel in the event of an accident or emergency.''. SEC. 3. REPORTS, PLAN REVIEWS, AND CITATIONS. (a) Accident Investigations and Internal Reviews.--Section 103 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended-- (1) in subsection (a), by adding at the end the following: ``In the case of an investigation of an accident or other occurrence relating to health or safety in a coal or other mine, the Secretary, or the authorized representative of the Secretary, shall conduct interviews of the miners regarding the accident or occurrence without having a representative of the operator present.''; and (2) in subsection (b), by adding at the end the following: ``The Secretary shall promulgate regulations establishing rules for conducting an investigation of any accident relating to health or safety in a coal or other mine and for holding hearings relating to such investigation. Not later than 30 days after completing such investigation or a review regarding the Administration's response to such accident, the Secretary shall submit the report regarding the investigation or review to the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Appropriations and the Committee on Education and the Workforce of the House of Representatives.''. (b) Quarterly Review of Certain Plans.--Section 103 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended by adding at the end the following: ``(l) Quarterly Review.--Notwithstanding any mandatory safety and health standard promulgated under this Act, the Secretary or the Secretary's authorized representative shall review the ventilation system and methane and dust control plan and the roof control plan of an operator at least once every 3 months.''. (c) Progress Check.--Section 104(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814(a)) is amended by adding after the third sentence the following: ``Not later than 24 hours after an operator has received a citation under this subsection, an authorized representative of the Secretary shall contact the operator to ensure that the operator is taking steps to abate the violation in the reasonable time specified in the citation.''. SEC. 4. EMERGENCY CALL CENTER. Section 104 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 814) is amended by adding at the end the following: ``(l) Emergency Call Center.-- ``(1) In general.--The Secretary shall establish, within the Administration, a central communications emergency call center for all coal and other mine operations that shall be staffed and operated 24 hours a day, 7 days a week. All calls placed to the emergency call center shall be answered by an individual. ``(2) Contact list.--To assist in the operation of the emergency call center, the Secretary shall provide the emergency call center with an emergency contact list that contains the contact information for all coal or other mines subject to this Act and shall update the contact list on a quarterly basis.''. SEC. 5. PENALTIES. (a) Increased Penalties and User Fees.--Section 110 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is amended-- (1) in subsection (a)-- (A) in the first sentence, by inserting before the period ``, except that a flagrant violation may be assessed a civil penalty of not more than $500,000''; (B) in the second sentence, by inserting ``, other than a flagrant violation,'' after ``safety standard''; and (C) by adding at the end the following: ``In this subsection, the term `flagrant violation' means a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health and safety standard that substantially and proximately caused, or reasonably could be expected to cause, death or serious bodily injury.''; (2) in subsection (b), by striking ``$5,000'' and inserting ``$55,000''; (3) in subsection (d)-- (A) by inserting ``knowingly exposes miners to situations likely to cause death or serious bodily injury,'' after ``operator who''; (B) by striking ``$25,000'' and inserting ``$250,000''; and (C) by striking ``$50,000'' and inserting ``$500,000''; (4) in subsection (e), by striking ``$1,000'' and inserting ``$20,000''; (5) in subsection (f), by striking ``$10,000'' and inserting ``$100,000''; (6) by redesignating subsections (i) through (k) and subsection (l) as subsections (j) through (l) and subsection (o), respectively; (7) by inserting after subsection (h) the following: ``(i) Failure to Inform.--Any operator who fails to inform the Secretary of a disaster relating to a coal or other mine within the 15- minute period following the occurrence of the disaster shall be subject to a civil penalty of not less than $100,000. The Secretary may waive the penalty under this subsection if the Secretary determines that the failure to inform within the time period was caused by circumstances outside the control of the operator.''; and (8) by inserting after subsection (l) (as so redesignated by paragraph (6)) the following: ``(m) Minimum Fine or Penalty.-- ``(1) Serious illness or injury hazard.--A fine or civil penalty assessed under this section for a violation of a mandatory health or safety standard, or other provision of this Act, that could cause serious illness or injury shall be in an amount of not less than $10,000. ``(2) Habitual violator.--A fine or civil penalty assessed under this section, to any operator of a coal or other mine who habitually violates this Act, for a violation of a mandatory health or safety standard, or other provision of this Act, that could significantly and substantially contribute to a safety or health hazard shall be in an amount of not less than $20,000. ``(n) User Fees.--An operator who incurs a civil penalty or fine under this section shall, in addition to the amount of such penalty or fine, be assessed a user fee of $100 for each such penalty or fine. Such fees shall be collected by the Secretary to be deposited in an Administration account and shall be used to augment the amounts appropriated to the Administration for carrying out the following activities: ``(1) To reimburse operators for the cost of training, research and development, rescue teams, safe rooms, or other supplies or equipment for miner safety. ``(2) To enable the Administration to provide technical support, educational policy and development, and program evaluation and information activities in accordance with this Act.''. (b) No Reduction of Certain Fines.--Section 105(d) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 815(d)) is amended in the first sentence by inserting ``, except that the Commission shall not decrease a civil penalty assessed for a flagrant violation, as defined in section 110(a), or for a habitual violation'' after ``appropriate relief''. SEC. 6. MANDATORY HEALTH AND SAFETY TRAINING. Section 115(a) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 825(a)) is amended-- (1) by redesignating paragraph (5) as paragraph (7); and (2) by inserting after paragraph (4) the following: ``(5) all miners shall receive initial training in the proper usage of wireless communications devices and shall receive refresher training courses on such usage not less often than once each calendar year; ``(6) each rescue team for the mine shall participate in a surprise, unannounced emergency rescue drill at an operating mine not less often than 2 times each calendar year; and''.

Mine Safety and Health Act of 2006 - Amends the Federal Mine Safety and Health Act of 1977 to impose additional health and safety requirements for all coal or other mines, including regarding: (1) the strategic location of an oxygen station; (2) wireless emergency tracking devices; (3) wireless communication devices; (4) restricting communications relating to a rescue operation only to individuals participating in the rescue; and (5) secondary telephone service. Requires interviews of miners regarding an accident or occurrence without the presence of the mine operator. Directs the Secretary of Labor to: (1) establish rules for conducting investigations of mine accidents; and (2) report to specified congressional committees within 30 days of completing an investigation. Requires the Secretary to: (1) conduct a quarterly review of a mine operator's ventilation system, methane and dust control plan, and roof control plan; and (2) contact an operator who has received a citation within 24 hours to ensure that steps are being taken to correct the safety violation. Requires the Secretary to establish a central communications emergency call center for all coal and other mine operations. Imposes increased penalties for flagrant violations of mine safety standards, for failure to promptly report mine disasters, and for habitual violators of mine safety standards. Imposes additional user fees on mine operators who incur such penalties and dedicates such fees for equipment, training, and other expenses relating to mine safety. Requires all miners to receive training in the proper usage of wireless communications devices. Requires rescue workers to participate in unannounced emergency rescue drills at an operating mine at least twice a year.

A bill to amend the Federal Mine Safety and Health Act of 1977 to improve mine safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Education Reimbursement Act of 2005''. SEC. 2. FAMILY EDUCATION REIMBURSEMENT ACCOUNTS. (a) Establishment.--The Secretary of Education, in consultation with the Secretary of Health and Human Services, shall-- (1) establish a Family Education Reimbursement Account Program under which, at the direction of the parent of each displaced student who signs up under subsection (d), the Secretary provides reimbursement to enable the student or preschool-age child to attend the school or preschool program of his or her parent's choice during the 2005-2006 school year; (2) of the amount available to carry out this section for fiscal year 2006, use not more than one third of one percent of such amount for administrative expenses, including outreach, support services, and dissemination of information; and (3) contract with a nongovernmental entity to administer and operate the program. (b) Reimbursement.-- (1) In general.--In carrying out this section, the Secretary-- (A) shall allow the parent of the participating displaced student to select the school or preschool program to be attended by the student during the 2005- 2006 school year; (B) at the direction of the parent, shall provide reimbursement to that school or preschool program on a quarterly basis; and (C) in the case of a public school, may provide such reimbursement to the appropriate local fiscal agent for the school. (2) Amount.--In providing reimbursement under paragraph (1), the Secretary shall-- (A) determine the amount of reimbursement to a school or preschool program based on the number of weeks during which the participating displaced student attended the school or preschool program during the preceding quarter; (B) subject to subparagraph (C), provide the same amount of reimbursement to each school and preschool program for each week of attendance by one participating displaced student; (C) not provide reimbursement that exceeds the actual cost of the school for educating students, or the actual cost of the preschool program, for the same period for students who are not displaced students; (D) not provide reimbursement of more than $6,700 on behalf of any student for the 2005-2006 school year; and (E) discontinue reimbursement once a displaced student returns to the school he or she attended prior to August 29, 2005. (3) Use of funds.--The Secretary may provide reimbursement under paragraph (1) on behalf of a displaced student only if the school or preschool program involved agrees-- (A) to use the reimbursement for providing educational and other services to the displaced student; and (B) not to use the reimbursement for the construction or renovation of facilities. (c) Accounting of Funds.--The Secretary shall provide an appropriate accounting of funds for each school or program that receives a payment on behalf of one or more participating displaced students under this section. (d) Registration.-- (1) In general.--To seek to participate in the program under this section, the parent of a displaced student shall sign up by means of the Internet site, toll-free telephone number, or paper form developed under subsection (e). (2) Account numbers.--Upon completion of registration for the program under this section-- (A) the displaced student shall be assigned an account number; and (B) the account number shall be made available to the parent of the student. (3) Families.--If a parent has more than one child who is a displaced student-- (A) the parent shall be allowed to register each child under this subsection at the same time; and (B) the same account number under paragraph (2) shall be provided to each child. (e) FERA System Development and Establishment.-- (1) In general.--The Secretary shall develop and implement a web-based system-- (A) to support the registration in the program under this section of displaced students by means of an Internet site, toll-free telephone number, or paper form; and (B) to facilitate the timely payment of funds from the accounts of families participating in the program under this section to the school or preschool program authorized to be reimbursed for educational and other services rendered. (2) System requirements.-- (A) Internet site; toll-free telephone number; paper form.--The Internet site and toll-free telephone number developed pursuant to paragraph (1)-- (i) shall be integrated with each other; (ii) shall, with respect to the toll-free telephone number, not be fully automated; (iii) shall be operational not later than 2 weeks after the date of the enactment of this section; (iv) shall include privacy controls, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g); (v) shall be accessible to participating displaced students and their parents for the purpose of determining-- (I) the amount expended under this section on the student's behalf to date; and (II) the amount remaining for expenditure under this section on the student's behalf; (vi) shall be accessible to schools and preschool programs for the purpose of facilitating reimbursement under subsection (b); (vii) shall support non-English speaking parents by providing information and registration in an understandable and uniform format and, to the extent practicable, in a language the parents can understand; (viii) may use existing Federal grant management and electronic payment systems; (ix) shall include information technology and other controls necessary to prevent fraud and overpayment, including mechanisms to validate family and school information; and (x) shall provide technical support services (including support for registration and processing of accounts) to the families of participating displaced students and the schools and preschool programs in which the students are enrolled. (B) Payment system.--The Secretary shall ensure that-- (i) the payment system required to carry out this section is operational not later than 4 weeks after the date of the enactment of this section; and (ii) the first disbursements under this section are made not later than 5 weeks after the date of the enactment of this section. (3) Contractor requirements.--The Secretary shall award the contract required by subsection (a)(3) to a nongovernmental entity that-- (A) has experience meeting the requirements described in paragraph (2)(A); (B) demonstrates expertise in the development and operation of information technology infrastructures, including the manufacture and supply of hardware and software, information management, electronic fund transfer payment systems, and customer relations management and outreach; (C) demonstrates significant experience in the development, implementation, and technical support for payment management systems operated by agencies of the Federal Government, including the Department of Education and the Department of Health and Human Services; and (D) is based, and operates help desk services, in the United States. (f) Transferring Students.-- (1) In general.--Subject to paragraph (2), the Secretary shall continue to provide reimbursement under this section on behalf of a participating displaced student who transfers to one or more schools or preschool programs during the 2005-2006 school year. (2) Exception.--The Secretary shall not provide reimbursement under this section on behalf of a participating displaced student with respect to any school or preschool program which the student attends for less than 2 consecutive weeks during the 2005-2006 school year. (g) Additional Amount for Administrative Expenses.--In providing reimbursement to an entity under this section-- (1) the Secretary shall include an additional amount equal to 1 percent of the total amount of such reimbursement to the entity for the purpose of defraying administrative expenses; (2) such additional amount shall not be counted for purposes of the maximum reimbursement amount specified in subsections (b)(2)(C) and (b)(2)(D); and (3) of the amount specified in subsections (b)(2)(C) and (b)(2)(D), 100 percent of such amount shall be made available to the school or preschool program. (h) Procurement.--For purposes of the contract required by subsection (a)(3), the following provisions of Federal acquisition law shall not apply: (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (2) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.). (3) The Federal Acquisition Streamlining Act of 1994 (Public Law 103-355). (4) The Competition in Contracting Act. (5) Subchapter V of chapter 35 of title 31, relating to the procurement protest system. (6) The Federal Acquisition Regulation and any laws not listed in paragraphs (1) through (5) providing authority to promulgate regulations in the Federal Acquisition Regulation. (i) Audit.--The Secretary may provide reimbursement under this section to a school or program on behalf of a displaced student only if the school or program agrees to allow the Secretary to conduct an audit to review and verify that the school or program is using the reimbursement in accordance with subsection (b)(3). (j) Nondiscrimination.-- (1) In general.--The Secretary may provide reimbursement under this section to a school or preschool program only if the school or program agrees not to discriminate against participating displaced students (including applicants) on the basis of race, color, national origin, religion, or sex. (2) Applicability and single sex schools, classes, or activities.-- (A) In general.--Notwithstanding any other provision of law, the prohibition of sex discrimination in paragraph (1) shall not apply to a school or preschool program that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of paragraph (1) is inconsistent with the religious tenets or beliefs of the school or program. (B) Single sex schools, classes, or activities.-- Notwithstanding paragraph (1) or any other provision of law, a parent may choose and a school may offer a single sex school, class, or activity. (3) Children with disabilities.--Nothing in this section may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act. (4) Religiously affiliated schools.-- (A) In general.--Notwithstanding any other provision of law, a school or preschool program receiving reimbursement under this section that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in such title. (B) Maintenance of purpose.--Notwithstanding any other provision of law, funds made available under this section on behalf of participating displaced students that are received by a school or preschool program, as a result of their parents' choice, shall not, consistent with the first amendment of the United States Constitution, necessitate any change in the school or program's teaching mission, require any school or program to remove religious art, icons, scriptures, or other symbols, or preclude any school or program from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (5) Rule of construction.--Reimbursement (or any other form of support provided on behalf of participating displaced students) under this section shall be considered assistance to the student and shall not be considered assistance to the school or preschool program that enrolls the student. (k) Reports.--At the end of each quarter described in subsection (b)(2)(A), the Secretary shall submit a report to the appropriate committees of the Congress describing the implementation and results of the program under this section. Such report shall-- (1) specify the number of children served, the percentage of funds used on instructional activities, and the percentage of funds used for supplemental educational services; and (2) include information on the mobility of displaced students. (l) Definitions.--In this section: (1) The term ``displaced student'' means a student who is at least 4 years old, has not completed 12th grade, and would have attended another school or preschool program during the 2005-2006 school year, but for the fact that-- (A) the school, the program, or the surrounding area was damaged by a Gulf hurricane disaster; and (B) the school or program could not reopen shortly after the disaster. (2) The term ``Gulf hurricane disaster'' means a major disaster that was declared to exist by the President, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and was caused by Hurricane Katrina or Hurricane Rita. (3) The term ``parent'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) The term ``participating displaced student'' means a displaced student participating in the program under this section. (5) The term ``preschool program'' means a public or private program serving 4 or 5 year old children, including any such Head Start program, that is in compliance with applicable State health and safety requirements. (6) The term ``school'' means a public or private elementary school or secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), including a religious elementary school or secondary school, that was legally operating in the State involved before September 1, 2005. (7) The term ``Secretary'' means the Secretary of Education, in consultation with the Secretary of Health and Human Services. (m) Funding.-- (1) In general.--Out of funds not otherwise appropriated, there is hereby appropriated to the Secretary of Education, to carry out this section, $2,500,000,000, to remain available through the period ending on July 31, 2006. Any such funds that are not obligated by the end of such period shall revert to the Treasury. (2) Contributions.--Under such terms and conditions as the Secretary may impose, the Secretary may, for the purpose of carrying out this section, accept and use such amounts as may be contributed by individuals, business concerns, or other entities for such purpose.

Family Education Reimbursement Act of 2005 - Directs the Secretary of Education to establish a Family Education Reimbursement Account Program for families of students displaced by Hurricane Katrina or Hurricane Rita. Provides for reimbursing parents for costs of such students or preschool-age children attending schools or preschool programs, chosen by the parents, during the 2005–2006 school year. Requires the Secretary to make a contract with a nongovernmental entity to administer and operate the program.

To direct the Secretary of Education to establish a Family Education Reimbursement Account Program to assist hurricane displaced students during the 2005-2006 school year, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Telemedicine Enhancing Community Health (TECH) Act of 2009''. SEC. 2. TELEHEALTH PILOT PROJECTS. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish 3- year telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas. The Secretary shall provide evaluation and treatment services to entities participating in the pilot projects. (b) Eligible Entities.-- (1) In general.--The Secretary shall select eligible entities to participate in the pilot projects under this section. (2) Priority.--In selecting eligible entities to participate in the pilot projects under this section, the Secretary shall give priority to such entities located in medically underserved areas and facilities of the Indian Health Service. (c) Evaluation.--The Secretary shall, through the pilot projects, evaluate-- (1) the effective and economic delivery of care in treating behavioral health issues (including post-traumatic stress disorder) with the use of telehealth services in medically underserved and tribal areas, including collaborative uses of health professionals, integration of the range of telehealth and other technologies, and exploration of appropriate reimbursement methods for third party payers; (2) the effectiveness of improving the capacity of non- medical providers and non-specialized medical providers to provide health services for chronic complex diseases in medically underserved and tribal areas; and (3) the effectiveness of using telehealth services to provide acute stroke evaluation and treatment, occupational therapy, physical therapy, and speech language pathology services to treat cerebrovascular disease in medically underserved and tribal areas. (d) Report.--Not later than 3 years after the pilot projects are established under subsection (a), the Secretary shall submit to Congress a report describing the outcomes of such pilot projects and providing recommendations for expanding the use of telehealth services. (e) Expansion of Project.--If the Secretary determines that the pilot projects under this section enhance outcomes for patients and reduce expenditures for participating entities, the Secretary may initiate similar projects for additional medical conditions and geographic areas. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $13,500,000 for fiscal years 2011 through 2014. SEC. 3. EXPANDING ACCESS TO STROKE TELEHEALTH SERVICES. (a) Expansion of Originating Sites for Stroke Telehealth Services.--Section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)) is amended-- (1) in subparagraph (C)-- (A) in clause (i), in the matter preceding subclause (I), by striking ``The term'' and inserting ``Subject to clause (iii), the term''; and (B) by adding at the end the following new clause: ``(iii) Expansion of originating sites for stroke telehealth services.--In the case of stroke telehealth services, the term `originating site' means any site described in clause (ii) at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system, regardless of where the site is located.''; and (2) by adding at the end the following new subparagraph: ``(G) Stroke telehealth services.--The term `stroke telehealth services' means a telehealth service used for the evaluation or treatment of individuals with acute stroke, occupational therapy, physical therapy, and speech language pathology services furnished subsequent to a stroke, and stroke prevention and education services.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to telehealth services furnished on or after the date that is 6 months after the date of enactment of this Act. SEC. 4. IMPROVING ACCESS TO TELEHEALTH SERVICES AT IHS FACILITIES AND FQHCS. (a) Inclusion of IHS Facilities as Originating Sites.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: ``(IX) A facility of the Indian Health Service, whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act).''. (b) Access to Store-and-Forward and Videoconferencing Technologies.-- (1) In general.--Section 1834(m)(1) of such Act (42 U.S.C. 1395m(m)(1)) is amended by adding at the end the following sentence: ``For purposes of the first sentence, in the case of telehealth services described in subclause (I) of paragraph (4)(F)(iii) that are furnished by a facility of the Indian Health Service (whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act)) or a federally qualified health center (as defined in section 1861(aa)(4)), the term `telecommunications system' includes store-and-forward technologies described in the preceding sentence and, in the case of telehealth services described in subclause (II) of such paragraph that are furnished by such a facility or federally qualified health center, such term includes videoconferencing technologies.'' (2) Conforming amendment.--Section 1834(m)(4)(F) of such Act (42 U.S.C. 1395m(m)(4)(F)) is amended by adding at the end the following new clauses: ``(iii) Telehealth services described.--For purposes of paragraph (1): ``(I) The telehealth services described in this subclause include consultations related to neurosurgery, neurology, cardiology, dermatology, pediatric specialty, and orthopedic (as specified by the Secretary). ``(II) The telehealth services described in this subclause are services related to hepatitis and other chronic conditions and behavioral health services (as specified by the Secretary).''. (c) Effective Date.--The amendments made by this section shall apply to telehealth services furnished on or after the date that is 6 months after the date of enactment of this Act. SEC. 5. IMPROVING CREDENTIALING AND PRIVILEGING STANDARDS FOR TELEHEALTH SERVICES. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the end the following new paragraph: ``(5) Establishment of remote credentialing and privileging standards.-- ``(A) In general.--Not later than 2 years after the date of the enactment of this paragraph, the Secretary shall establish reasonable regulations for considering the remote credentialing and privileging standards applicable to telehealth services, including interpretative services, for originating sites under this subsection. Such regulations shall allow an originating site to accept, and not duplicate, the credentialing and privileging processes and decisions made by another site. ``(B) Clarification regarding acceptance of processes and decisions prior to enactment of regulations.--During the period beginning on such date of enactment and ending on the effective date of the regulations under subparagraph (A), the Secretary shall not take any punitive action under any rule or regulation against an originating site on the basis of that site's acceptance, for purposes of receiving telehealth services (including interpretive services), the credentialing and privileging processes and decisions made by another site that is accredited by a national accreditation body recognized by the Secretary under section 1865(a)(1) if the site accepting such credentialing and privileging processes is also so accredited and complies with the applicable requirements for such acceptance.''.

Rural Telemedicine Enhancing Community Health (TECH) Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas. Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for expansion of originating telehealth sites for stroke telehealth services; (2) provide access to store-and-forward telehealth services in facilities of the Indian Health Service and federally qualified health centers; and (3) direct the Secretary to establish reasonable regulations to consider the remote credentialing and privileging standards for originating sites with respect to telehealth services.

A bill to establish telehealth pilot projects, expand access to stroke telehealth services under the Medicare program, improve access to "store-and-forward" telehealth services in facilities of the Indian Health Service and Federally qualified health centers, reimburse facilities of the Indian Health Service as originating sites, establish regulations to consider credentialing and privileging standards for originating sites with respect to receiving telehealth services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Employment Verification Reauthorization Act of 2008''. SEC. 2. PERMANENT EXTENSION OF EMPLOYMENT ELIGIBILITY CONFIRMATION PILOT PROGRAMS. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program at the end of the 11-year period beginning on the first day the pilot program is in effect.''. SEC. 3. REDESIGNATION OF BASIC PILOT PROGRAM. Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) are amended by striking ``basic pilot program'' each place that term appears and inserting ``E-Verify Program''. SEC. 4. REQUIRED PARTICIPATION BY UNITED STATES CONTRACTORS. Section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) United states contractors.--Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in the E-Verify Program and shall comply with the terms and conditions of such election.''. SEC. 5. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES. Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by striking ``The person'' and inserting the following: ``(i) Upon hiring.--The person''; and (2) by adding at the end the following: ``(ii) Existing employees.--An employer that elects to verify the employment eligibility of existing employees shall verify the employment eligibility of all such employees not later than 10 days after notifying the Secretary of Homeland Security of such election. ``(iii) Required participation.--The Secretary of Homeland Security may require any employer or class of employers to participate in the E-Verify Program with respect to individuals employed as of, or hired after, the date of the enactment of the Electronic Employment Verification Reauthorization Act of 2008 if the Secretary has reasonable cause to believe that the employer has engaged in material violations of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).''. SEC. 6. REVERIFICATION. Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by adding at the end the following: ``(5) Reverification.--Each employer participating in the E-Verify Program shall use the confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual's employment authorization is scheduled to expire, as indicated by the documents that the individual provided to the employer pursuant to section 274A(b), in accordance with the procedures otherwise applicable to the verification of a newly hired employee under this subsection.''. SEC. 7. SMALL BUSINESS DEMONSTRATION PROGRAM. Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Small Business Demonstration Program.--The Director of United States Citizenship and Immigration Services shall establish, in a rural setting or in an area with fewer than 10,000 residents, a demonstration program that assists small businesses in verifying the employment eligibility of their newly hired employees.''. SEC. 8. INTERAGENCY NONCONFIRMATION REPORT. Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is amended by adding at the end the following: ``(c) Interagency Nonconfirmation Report.--The Director of United States Citizenship and Immigration Services shall submit a monthly report to the Assistant Secretary of Immigration and Customs Enforcement that includes, for each person who receives final nonconfirmation through the E-Verify Program-- ``(1) the name of such person; ``(2) his or her Social Security number or alien file number; ``(3) the name and contact information for his or her current employer; and ``(4) any other critical information that the Assistant Secretary determines to be appropriate. ``(d) Use of Monthly Report.--The Secretary of Homeland Security may use information provided under subsection (c) to enforce compliance of the immigration laws of the United States.''.

Electronic Employment Verification Reauthorization Act of 2008 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the employment eligibility confirmation pilot programs permanent. Redesignates the basic pilot program as the E-verify program (program). Requires that any person or employer that enters into a federal contract participate in the program. Requires that an employer electing to verify the employment eligibility of existing employees do so not later than 10 days after notifying the Secretary of Homeland Security of such election. Authorizes the Secretary to require an employer or class of employers to participate in the program if the Secretary has reasonable cause to believe that the employer has engaged in material employment violations under the Immigration and Nationality Act. Requires that an employer participating in the program use the confirmation system to reverify an individual's work authorization not later than three days after the date on which such individual's employment authorization is scheduled to expire. Requires that the Director of United States Citizenship and Immigration Services establish in a rural setting or in an area with fewer than 10,000 residents a demonstration program to assist small businesses verify the employment eligibility of newly hired employees.

A bill to extend and improve the effectiveness of the employment eligibility confirmation program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Citizenship Act of 2000''. TITLE I--CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES. (a) In General.--Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows: ``children born outside the united states and residing permanently in the united states; conditions under which citizenship automatically acquired ``Sec. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled: ``(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization. ``(2) The child is under the age of eighteen years. ``(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence. ``(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''. (b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 320 and inserting the following: ``Sec. 320. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired.''. SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES. (a) In General.--Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows: ``children born and residing outside the united states; conditions for acquiring certificate of citizenship ``Sec. 322. (a) A parent who is a citizen of the United States may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 320. The Attorney General shall issue a certificate of citizenship to such parent upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled: ``(1) At least one parent is a citizen of the United States, whether by birth or naturalization. ``(2) The United States citizen parent-- ``(A) has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or ``(B) has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years. ``(3) The child is under the age of eighteen years. ``(4) The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status. ``(b) Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 337(a), upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this Act of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship. ``(c) Subsections (a) and (b) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1).''. (b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 322 and inserting the following: ``Sec. 322. Children born and residing outside the United States; conditions for acquiring certificate of citizenship.''. SEC. 103. CONFORMING AMENDMENT. (a) In General.--Section 321 of the Immigration and Nationality Act (8 U.S.C. 1432) is repealed. (b) Clerical Amendment.--The table of sections of such Act is amended by striking the item relating to section 321. SEC. 104. EFFECTIVE DATE. The amendments made by this title shall take effect 120 days after the date of the enactment of this Act and shall apply to individuals who satisfy the requirements of section 320 or 322 of the Immigration and Nationality Act, as in effect on such effective date. TITLE II--PROTECTIONS FOR CERTAIN ALIENS VOTING BASED ON REASONABLE BELIEF OF CITIZENSHIP SEC. 201. PROTECTIONS FROM FINDING OF BAD MORAL CHARACTER, REMOVAL FROM THE UNITED STATES, AND CRIMINAL PENALTIES. (a) Protection From Being Considered Not of Good Moral Character.-- (1) In general.--Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended by adding at the end the following: ``In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be made based on it.''. (2) Effective date.--The amendment made by paragraph (1) shall be effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546) and shall apply to individuals having an application for a benefit under the Immigration and Nationality Act pending on or after September 30, 1996. (b) Protection From Being Considered Inadmissible.-- (1) Unlawful voting.--Section 212(a)(10)(D) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is amended to read as follows: ``(D) Unlawful voters.-- ``(i) In general.--Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible. ``(ii) Exception.--In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation.''. (2) Falsely claiming citizenship.--Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is amended to read as follows: ``(ii) Falsely claiming citizenship.-- ``(I) In general.--Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible. ``(II) Exception.--In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.''. (3) Effective dates.--The amendment made by paragraph (1) shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996. The amendment made by paragraph (2) shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act on or after September 30, 1996. (c) Protection From Being Considered Deportable.-- (1) Unlawful voting.--Section 237(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(6)) is amended to read as follows: ``(6) Unlawful voters.-- ``(A) In general.--Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable. ``(B) Exception.--In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.''. (2) Falsely claiming citizenship.--Section 237(a)(3)(D) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read as follows: ``(D) Falsely claiming citizenship.-- ``(i) In general.--Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. ``(ii) Exception.--In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.''. (3) Effective dates.--The amendment made by paragraph (1) shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996. The amendment made by paragraph (2) shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act on or after September 30, 1996. (d) Protection From Criminal Penalties.-- (1) Criminal penalty for voting by aliens in federal election.--Section 611 of title 18, United States Code, is amended by adding at the end the following: ``(c) Subsection (a) does not apply to an alien if-- ``(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization); ``(2) the alien permanently resided in the United States prior to attaining the age of 16; and ``(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.''. (2) Criminal penalty for false claim to citizenship.--Section 1015 of title 18, United States Code, is amended by adding at the end the following: ``Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.''. (3) Effective dates.--The amendment made by paragraph (1) shall be effective as if included in the enactment of section 216 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-572). The amendment made by paragraph (2) shall be effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009- 572). The amendments made by paragraphs (1) and (2) shall apply to an alien prosecuted on or after September 30, 1996, except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Provides for issuance of a certificate of naturalization for a child born outside of the United States when the following conditions are met: (1) at least one parent is a U.S. citizen who has been present in the United States for not less than five years, at least two of which were after having attained the age of 14, or who has a citizen parent meeting such requirements; (2) the child is under 18 years old; and (3) the child is residing outside the United States in the legal and physical custody of the citizen parent, is temporarily and lawfully present in the United States, and is maintaining such lawful status. Applies such provision to an adopted child meeting certain definitional requirements who is adopted by a U.S. citizen parent. Title II: Protections for Certain Aliens Voting Based on Reasonable Belief of Citizenship - Amends the Immigration and Nationality Act respecting unlawful voting or false U.S. citizenship claims by permanent resident aliens under 16 years old having natural or adoptive U.S. citizen parents, to provide exceptions from certain provisions regarding deportability, moral character, inadmissability or related criminal penalties.

Child Citizenship Act of 2000

TITLE I--LOWER EAST SIDE TENEMENT NATIONAL HISTORIC SITE, NEW YORK. SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1)(A) immigration, and the resulting diversity of cultural influences, is a key factor in defining the identity of the United States; and (B) many United States citizens trace their ancestry to persons born in nations other than the United States; (2) the latter part of the 19th century and the early part of the 20th century marked a period in which the volume of immigrants coming to the United States far exceeded that of any time prior to or since that period; (3) no single identifiable neighborhood in the United States absorbed a comparable number of immigrants than the Lower East Side neighborhood of Manhattan in New York City; (4) the Lower East Side Tenement at 97 Orchard Street in New York City is an outstanding survivor of the vast number of humble buildings that housed immigrants to New York City during the greatest wave of immigration in American history; (5) the Lower East Side Tenement is owned and operated as a museum by the Lower East Side Tenement Museum; (6) the Lower East Side Tenement Museum is dedicated to interpreting immigrant life within a neighborhood long associated with the immigrant experience in the United States, New York City's Lower East Side, and its importance to United States history; and (7)(A) the Director of the National Park Service found the Lower East Side Tenement at 97 Orchard Street to be nationally significant; and (B) the Secretary of the Interior declared the Lower East Side Tenement a National Historic Landmark on April 19, 1994; and (C) the Director of the National Park Service, through a special resource study, found the Lower East Side Tenement suitable and feasible for inclusion in the National Park System. (b) Purposes.--The purposes of this title are-- (1) to ensure the preservation, maintenance, and interpretation of this site and to interpret at the site the themes of immigration, tenement life in the latter half of the 19th century and the first half of the 20th century, the housing reform movement, and tenement architecture in the United States; (2) to ensure continued interpretation of the nationally significant immigrant phenomenon associated with New York City's Lower East Side and the Lower East Side's role in the history of immigration to the United States; and (3) to enhance the interpretation of the Castle Clinton, Ellis Island, and Statue of Liberty National Monuments. SEC. 102. DEFINITIONS. As used in this title: (1) Historic site.--The term ``historic site'' means the Lower East Side Tenement found at 97 Orchard Street on Manhattan Island in the City of New York, State of New York, and designated as a national historic site by section 103. (2) Museum.--The term ``Museum'' means the Lower East Side Tenement Museum, a nonprofit organization established in the City of New York, State of New York, which owns and operates the tenement building at 97 Orchard Street and manages other properties in the vicinity of 97 Orchard Street as administrative and program support facilities for 97 Orchard Street. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. ESTABLISHMENT OF HISTORIC SITE. (a) In General.--To further the purposes of this title and the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.), the Lower East Side Tenement at 97 Orchard Street, in the City of New York, State of New York, is designated a national historic site. (b) Coordination With National Park System.-- (1) Affiliated site.--The historic site shall be an affiliated site of the National Park System. (2) Coordination.--The Secretary, in consultation with the Museum, shall coordinate the operation and interpretation of the historic site with the Statue of Liberty National Monument, Ellis Island National Monument, and Castle Clinton National Monument. The historic site's story and interpretation of the immigrant experience in the United States is directly related to the themes and purposes of these National Monuments. (c) Ownership.--The historic site shall continue to be owned, operated, and managed by the Museum. SEC. 104. MANAGEMENT OF THE HISTORIC SITE. (a) Cooperative Agreement.--The Secretary may enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the national historic site designated by section 103(a). (b) Technical and Financial Assistance.--The Secretary may provide technical and financial assistance to the Museum to mark, interpret, and preserve the historic site, including making preservation-related capital improvements and repairs. (c) General Management Plan.-- (1) In general.--The Secretary, in consultation with the Museum, shall develop a general management plan for the historic site that defines the role and responsibility of the Secretary with regard to the interpretation and the preservation of the historic site. (2) Integration with national monuments.--The plan shall outline how interpretation and programming for the historic site shall be integrated and coordinated with the Statue of Liberty National Monument, Ellis Island National Monument, and Castle Clinton National Monument to enhance the story of the historic site and these National Monuments. (3) Completion.--The plan shall be completed not later than 2 years after the date of enactment of this Act. (d) Limited Role of Secretary.--Nothing in this title authorizes the Secretary to acquire the property at 97 Orchard Street or to assume overall financial responsibility for the operation, maintenance, or management of the historic site. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title. TITLE II--OTHER MATTERS SEC. 201. CASA MALPAIS NATIONAL HISTORIC LANDMARK, ARIZONA. (a) Findings.--The Congress finds and declares that-- (1) the Casa Malpais National Historic Landmark was occupied by one of the largest and most sophisticated Mogollon communities in the United States; (2) the landmark includes a 58-room masonry pueblo, including stairways, Great Kiva complex, and fortification walls, a prehistoric trail, and catacomb chambers where the deceased were placed; (3) the Casa Malpais was designated as a national historic landmark by the Secretary of the Interior in 1964; and (4) the State of Arizona and the community of Springerville are undertaking a program of interpretation and preservation of the landmark. (b) Purpose.--It is the purpose of this section to assist in the preservation and interpretation of the Casa Malpais National Historic Landmark for the benefit of the public. (c) Cooperative Agreements.-- (1) In general.--In furtherance of the purpose of this section, the Secretary of the Interior is authorized to enter into cooperative agreements with the State of Arizona and the town of Springerville, Arizona, pursuant to which the Secretary may provide technical assistance to interpret, operate, and maintain the Casa Malpais National Historic Landmark and may also provide financial assistance for planning, staff training, and development of the Casa Malpais National Historic Landmark, but not including other routine operations. (2) Additional provisions.--Any such agreement may also contain provisions that-- (A) the Secretary, acting through the Director of the National Park Service, shall have right to access at all reasonable times to all public portions of the property covered by such agreement for the purpose of interpreting the landmark; and (B) no changes or alterations shall be made in the landmark except by mutual agreement between the Secretary and the other parties to all such agreements. (d) Appropriations.--There are authorized to be appropriated such sums as may be necessary to provide financial assistance in accordance with this section. SEC. 202. PROVISION FOR ROADS IN PICTURED ROCKS NATIONAL LAKESHORE. Section 6 of the Act of October 15, 1966, entitled ``An Act to establish in the State of Michigan the Pictured Rocks National Lakeshore, and for other purposes'' (16 U.S.C. 460s-5), is amended as follows: (1) In subsection (b)(1) by striking ``including a scenic shoreline drive'' and inserting ``including appropriate improvements to Alger County Road H-58''. (2) By adding at the end the following new subsection: ``(c) Prohibition of Certain Construction.--A scenic shoreline drive may not be constructed in the Pictured Rocks National Lakeshore.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Lower East Side Tenement National Historic Site, New York Title II: Other Matters Title I: Lower East Side Tenement National Historic Site, New York - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System. Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments. Provides that the Site shall continue to own, operate, and manage the Lower East Side Tenement Museum. Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site. Requires the Secretary to develop a general management plan for the Site that: (1) defines the Secretary's role and responsibility with regard to the interpretation and preservation of the Site; and (2) outlines how interpretation and programming for the Site shall be integrated and coordinated with the Statute of Liberty, Ellis Island, and Castle Clinton National Monuments to enhance the story of the Site and Monuments. Authorizes appropriations. Title II: Other Matters - Authorizes the Secretary of the Interior to enter into cooperative agreements to provide to Arizona and the town of Springerville, Arizona, technical assistance to interpret, operate, and maintain the Casa Malpais National Historical Landmark and financial assistance for planning, staff training, and development of the Landmark, but not other routine operations. Provides that such agreements may also: (1) grant the Secretary, acting through the National Park Service, access to public portions of the property covered by the agreements for the purpose of interpreting the Landmark; and (2) prohibit changes or alterations to the Landmark except by mutual agreement between the Secretary and the other parties to all such agreements. Authorizes appropriations. Amends Federal law to include in the land and water use management plan for the Pictured Rocks National Lakeshore, Michigan, provisions for appropriate improvements to Alger County Road H-58. Prohibits construction of a scenic shoreline drive in the Lakeshore.

Lower East Side Tenement National Historic Site Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Annuity Safety and Security Under Reasonable Enforcement Act of 2013'' or the ``ASSURE Act of 2013''. SEC. 2. CONSIDERATION OF FEDERAL AND MILITARY PENSIONS IN EXTENSIONS OF CREDIT. The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended-- (1) in section 104(3), by inserting after ``other than'' the following: ``payments described under section 126(a) and''; (2) by inserting after section 125 the following: ``Sec. 126. Payments in consideration of Federal and military pensions ``(a) Disclosure.--The Bureau shall issue regulations requiring any payment to a benefit recipient, whether or not such payment is an extension of credit, that diminishes the benefit recipient's ability to control the payments from their Federal or military pension in any way, to be treated as an extension of credit for purposes of the disclosures required under this title. ``(b) Interest Rate Cap.--With respect to a payment to a benefit recipient described under subsection (a)-- ``(1) if such payment is an extension of consumer credit, a creditor may not impose an annual percentage rate of interest greater than the Federal funds rate plus 6 percent; and ``(2) if such payment is not an extension of consumer credit, the Bureau shall issue regulations requiring that the aggregate amount of cash and property paid in exchange for such payment may not exceed an amount that is equivalent to the interest rate described under paragraph (1). ``(c) Definitions.--For purposes of this section: ``(1) Benefit recipient.--The term `benefit recipient' means a person who is entitled to payments under a Federal or military pension. ``(2) Federal or military pension.--The term `Federal or military pension' means-- ``(A) a benefit described under section 5301(a) of title 38, United States Code; ``(B) retired pay to an enlisted member of the Army, Navy, Air Force, or Marine Corps; and ``(C) an annuity described under section 8345 or 8465 of title 5, United States Code. ``(3) Federal funds rate.--For purposes of this section, the term `Federal funds rate' means the Federal funds rate published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release (or any successor publication).''; and (3) in the table of contents for chapter 2 of such Act, by inserting after the item relating to section 125 the following: ``126. Consideration of Federal pensions in extensions of credit''. SEC. 3. CLARIFICATION OF ASSIGNMENTS; PRIVATE RIGHTS OF ACTIONS. (a) Veterans Benefits.--Section 5301 of title 38, United States Code, is amended by adding at the end the following: ``(f) Private Right of Action.-- ``(1) In general.--A benefit recipient may bring an action against a pension assignee in the appropriate Federal or State court and recover-- ``(A) three times the damages suffered due to the assignment made in violation of this section; ``(B) court costs; and ``(C) reasonable attorneys' fees and expenses. ``(2) Definitions.--For purposes of this subsection: ``(A) Benefit recipient.--The term `benefit recipient' means a person with respect to which payments of benefits described under this section are due or are to become due. ``(B) Pension assignee.--With respect to a benefit recipient, the term `pension assignee' means a person who has been assigned the benefits of the benefit recipient in violation of this section.''. (b) Military Retired Pay.--Section 701 of title 37, United States Code, is amended by adding at the end the following: ``(f) Clarification on Non-Assignment of Retired Pay for Enlisted Members.-- ``(1) In general.--For purposes of this subsection (c), in any case where an enlisted member is entitled to retired pay and enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive payment of such retired pay, whether by payment from the member to such other person, deposit into an account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited. Any agreement or arrangement for collateral for security for an agreement that is prohibited under the previous sentence is also prohibited. ``(2) Private right of action.-- ``(A) In general.--A retired pay recipient may bring an action against a retired pay assignee in the appropriate Federal or State court and recover-- ``(i) three times the damages suffered due to the assignment of retired pay made in violation of this section; ``(ii) court costs; and ``(iii) reasonable attorneys' fees and expenses. ``(B) Definitions.--For purposes of this subsection: ``(i) Retired pay recipient.--The term `retired pay recipient' means a person with respect to which retired pay described under this section is due or is to become due. ``(ii) Retired pay assignee.--With respect to a retired pay recipient, the term `retired pay assignee' means a person who has been assigned or allotted the retired pay of the retired pay recipient in violation of this section.''. (c) CSRS Annuities.--Section 8345(h) of title 5, United States Code, is amended to read as follows: ``(h) Non-Assignment of Annuities.-- ``(1) In general.--An individual entitled to an annuity from the Fund may not make allotments or assignments of amounts from such annuity. ``(2) Construction.--For purposes of this subsection-- ``(A) in any case where an individual entitled to an annuity from the Fund enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive payment of such annuity, whether by payment from the individual to such other person, deposit into an account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited; and ``(B) any agreement or arrangement for collateral for security for an agreement that is prohibited under subparagraph (A) is also prohibited. ``(3) Exception.--Paragraphs (1) and (2) shall not apply to amounts used to pay dues to unions or other employee organizations. ``(4) Private right of action.-- ``(A) In general.--An annuity recipient may bring an action against an annuity assignee in the appropriate Federal or State court and recover-- ``(i) three times the damages suffered due to the assignment made in violation of this subsection or the regulations issued pursuant to this subsection; ``(ii) court costs; and ``(iii) reasonable attorneys' fees and expenses. ``(B) Definitions.--For purposes of this paragraph: ``(i) Annuity assignee.--With respect to an annuity recipient, the term `annuity assignee' means a person who has been assigned or allotted all or part of an annuity from the Fund in violation of this subsection or the regulations issued pursuant to this subsection. ``(ii) Annuity recipient.--The term `annuity recipient' means an individual entitled to an annuity from the Fund.''. (d) FERS Annuities.--Section 8465(b) of title 5, United States Code, is amended to read as follows: ``(b) Non-Assignment of Annuities.-- ``(1) In general.--An individual entitled to an annuity from the Fund may not make allotments or assignments of amounts from such annuity. ``(2) Construction.--For purposes of this subsection-- ``(A) in any case where an individual entitled to an annuity from the Fund enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive payment of such annuity, whether by payment from the individual to such other person, deposit into an account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited; and ``(B) any agreement or arrangement for collateral for security for an agreement that is prohibited under subparagraph (A) is also prohibited. ``(3) Exception.--Paragraphs (1) and (2) shall not apply to amounts used to pay dues to unions or other employee organizations. ``(4) Private right of action.-- ``(A) In general.--An annuity recipient may bring an action against an annuity assignee in the appropriate Federal or State court and recover-- ``(i) three times the damages suffered due to the assignment made in violation of this subsection or the regulations issued pursuant to this subsection; ``(ii) court costs; and ``(iii) reasonable attorneys' fees and expenses. ``(B) Definitions.--For purposes of this paragraph: ``(i) Annuity assignee.--With respect to an annuity recipient, the term `annuity assignee' means a person who has been assigned or allotted all or part of an annuity from the Fund in violation of this subsection or the regulations issued pursuant to this subsection. ``(ii) Annuity recipient.--The term `annuity recipient' means an individual entitled to an annuity from the Fund.''. SEC. 4. BUREAU OF CONSUMER FINANCIAL PROTECTION PROVISIONS. (a) Regulation of Federal or Military Pension-Related Products.-- Section 1032(f) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5532(f)) is amended by adding at the end the following: ``(g) Regulation of Federal or Military Pension-Related Products.-- ``(1) In general.--The Bureau shall issue regulations to require a person offering a Federal or military pension-related product to provide additional disclosures when advertising or selling such product, sufficient to allow consumers to understand how their pension relates to the product. ``(2) Definitions defined.--For purposes of this subsection: ``(A) Federal or military pension.--The term `Federal or military pension' means-- ``(i) a benefit described under section 5301(a) of title 38, United States Code; ``(ii) retired pay to an enlisted member of the Army, Navy, Air Force, or Marine Corps; and ``(iii) an annuity described under section 8345 or 8465 of title 5, United States Code. ``(B) Federal or military pension-related product.--The term `Federal or military pension-related product' means a financial product or service related to a Federal or military pension, including any extension of credit if the creditor, when determining a consumer's ability to repay the extension of credit, takes the pension into consideration.''. (b) Study by the Bureau.-- (1) In general.--The Bureau of Consumer Financial Protection shall carry out a study of financial products and services that target military retirees and Federal employee retirees. (2) Report.--Not later than the end of the 3-month period beginning on the date of the enactment of this Act, the Bureau shall issue a report to the Congress containing all findings and determinations made in carrying out the study required under this subsection.

Annuity Safety and Security Under Reasonable Enforcement Act of 2013 or the ASSURE Act of 2013 - Amends the Truth in Lending Act to direct the Bureau of Consumer Financial Protection (CFPB) to issue regulations requiring any payment to a recipient of a federal or military pension (a benefit recipient) that diminishes the benefit recipient's ability to control payments from such pension to be treated as an extension of credit. Requires financial institutions to include the terms of such credit in consumer information disclosures. Prohibits the annual percentage rate of interest on such arrangements from exceeding the federal funds rate plus 6% or an equivalent aggregate amount of cash and property. Specifies conditions under which payment of consideration in exchange for the retired pay of enlisted military members is prohibited from assignment under veterans' benefits laws. Prohibits individuals from making allotments or assignments from annuities under the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS), including any agreement under which another person acquires for consideration the right to receive payment from such annuities as well as any arrangement for collateral for security for such an agreement. Exempts union dues or payments to employee organizations from such prohibitions. Authorizes benefit recipients, individuals entitled to military retired pay, and annuity recipients to bring a private legal action in federal or state court against an assignee engaging in prohibited assignments. Amends the Consumer Financial Protection Act of 2010 to direct the CFPB to issue regulations requiring persons offering federal or military pension-related products to provide additional disclosures when advertising or selling such products to allow consumers to understand how their pension relates to the product.

ASSURE Act of 2013

SECTION 1. ALLOWANCE OF DEDUCTION. (a) Deduction for Political Contributions.-- (1) General rule.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 217 the following: ``SEC. 218. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction any political contribution payment of which is made by such individual within the taxable year. ``(b) Limitations.-- ``(1) Amount.--The deduction under subsection (a) shall not exceed $100 ($200) in the case of a joint return under section 6013). ``(2) Verification.--The deduction under subsection (a) shall be allowed, with respect to any political contribution, only if such contribution is verified in such manner as the Secretary shall prescribe by regulations. ``(c) Definitions.--For purposes of this section, the term-- ``(1) `candidate' means, with respect to any Federal, State, or local elective public office, an individual who ``(A) publicly announces before the close of the calendar year following the calendar year in which the contribution or gift is made that he is a candidate for nomination or election to such office; and ``(B) meets the qualifications prescribed by law to hold such office. ``(2) `local' means a political subdivision or part thereof, or 2 or more political subdivisions or parts thereof, of a State; ``(3) `national political party' means-- ``(A) in the case of contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of 10 or more States, or ``(B) in the case of contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President; ``(4) `political contribution' means a contribution or gift of money to-- ``(A) an individual who is a candidate for nomination or election to any Federal, State, or local elective office in any primary, general, or special election, for use by such individual to further his candidacy for nomination or election to such office; ``(B) any committee, association, or organization (whether or not incorporated) organized and operated exclusively for the purpose of influencing, or attempting to influence, the nomination or election of one or more individuals who are candidates for nomination or election to any Federal, State, or local elective public office, for use by such committee, association, or organization to further the candidacy of such individual or individuals for nomination or election to such office; ``(C) the national committee of a national political party; ``(D) the State committee of a national political party as designated by the national committee of such party; or ``(E) a local committee or a national political party as designated by the State committee of such party designated under subparagraph (D); and ``(5) `State' means the various States and the District of Columbia. ``(d) Cross Reference.-- ``For disallowance of deduction to estates and trusts, see section 642(j).'' (2) Conforming amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 217 the following: ``Sec. 218. Contribution to candidates for public office.'' (b) Disallowance of Deduction to Estates and Trusts.--Section 642 of such Code is amended by adding at the end the following: ``(j) Political Contributions.--An estate or trust shall not be allowed the deduction for contributions to candidates for public office provided by section 218.'' SEC. 2. EFFECTIVE DATE. The amendments made by section 1 shall apply to taxable years beginning after December 31, 1993.

Amends the Internal Revenue Code to allow individuals a tax deduction of up to $100 ($200 in the case of a joint return) for political contributions.

To amend the Internal Revenue Code of 1986 to allow individuals a deduction of up to $100 for contributions made to candidates for public office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Police Creating Accountability by Making Effective Recording Available Act of 2015'' or the ``Police CAMERA Act''. SEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART LL--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS ``SEC. 3021. GRANT PROGRAM AUTHORIZED. ``(a) In General.--The Assistant Attorney General for the Office of Justice Programs (in this section referred to as the `Assistant Attorney General') may make grants to States, units of local government, and Indian tribes to purchase or lease body-worn cameras for use by State, local, and tribal law enforcement officers (as defined in section 2503) and expenses related to the implementation of a body-worn camera program in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against law enforcement officers, and improve evidence collection. ``(b) Duration of Grants.-- ``(1) In general.--Grants awarded under this part shall be 2 years in duration. ``(2) Disbursement of grant amount.--In disbursing a grant awarded to an entity under this section-- ``(A) upon awarding the grant to the entity, the Assistant Attorney General shall disburse 50 percent of the total grant amount to the entity; and ``(B) upon demonstration by the entity of completion of the requirements in subsection (d)(1), the Assistant Attorney General shall disburse the remaining 50 percent of the total grant amount to the entity. ``(c) Use of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for-- ``(A) the purchase or lease of body-worn cameras for law enforcement officers on patrol in the jurisdiction of the grantee; ``(B) any costs relating to the implementation of a body-worn camera program, including law enforcement officer training or the storage or maintenance of data collected under a body-worn camera program; or ``(C) implementing policies or procedures to comply with the requirements described in subsection (d). ``(d) Requirements.-- ``(1) In general.--The Assistant Attorney General shall award a grant under this section to a State, unit of local government, or Indian tribe requesting the grant that commits to-- ``(A) establishing policies and procedures in accordance with the requirements described in paragraph (2) before law enforcement officers use of body-worn cameras; ``(B) adopting data collection and retention protocols as described in paragraph (3) before law enforcement officers use of body-worn cameras; ``(C) making the policies and protocols described in subparagraphs (A) and (B) available to the public; and ``(D) complying with the requirements for use of data under paragraph (4). ``(2) Required policies and procedures.--An entity receiving a grant under this section shall-- ``(A) develop with community input and publish for public view policies and protocols for-- ``(i) the safe and effective use of body- worn cameras; ``(ii) the secure storage, handling, and destruction of data collected by body-worn cameras; ``(iii) protecting the privacy rights of any individual who may be recorded by a body- worn camera; and ``(iv) the release of any data collected by a body-worn camera in accordance with the open records laws, if any, of the State; and ``(B) conduct periodic evaluations of the security of the storage and handling of the body-worn camera data. ``(3) Data collection and retention protocol.--The data collection and retention protocol described in this paragraph is a protocol that-- ``(A) requires-- ``(i) a law enforcement officer who is wearing a body-mounted camera to provide an explanation if an activity that is required to be recorded by the body-mounted camera is not recorded; ``(ii) a law enforcement officer who is wearing a body-mounted camera to obtain consent to be recorded from a crime victim or witness before interviewing the victim or witness; ``(iii) the collection of data unrelated to a legitimate law enforcement purpose be minimized to the greatest extent practicable; ``(iv) the system used to store data collected by body-worn cameras shall log all viewing, modification, or deletion of stored data and shall prevent, to the greatest extent practicable, the unauthorized access or disclosure of stored data; ``(v) any law enforcement officer be prohibited from accessing the stored data without an authorized purpose; and ``(vi) the law enforcement agency to collect and report data on-- ``(I) incidences of use of force, disaggregated by race, ethnicity, gender, and age of the victim; ``(II) the number of complaints filed against law enforcement officers; ``(III) the disposition of complaints filed against law enforcement officers; and ``(IV) the number of times camera footage is used for evidence collection in investigations of crimes; ``(B) allows an individual to file a complaint with a law enforcement agency relating to the improper use of body-worn cameras; and ``(C) complies with any other requirements established by the Assistant Attorney General. ``(4) Use or transfer of data.-- ``(A) In general.--Data collected by an entity receiving a grant under this section from a body- mounted camera shall be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. The Assistant Attorney General shall establish rules to ensure that the data is used only for the purposes described in this subparagraph. ``(B) Prohibition on transfer.--Except as provided in subparagraph (B), an entity receiving a grant under this section may not transfer any data collected by the entity from a body-mounted camera to another law enforcement or intelligence agency. ``(C) Exceptions.-- ``(i) Criminal investigation.--An entity receiving a grant under this section may transfer data collected by the entity from a body-mounted camera to another law enforcement agency or intelligence agency for use in a criminal investigation if the requesting law enforcement or intelligence agency has reasonable suspicion that the requested data contains evidence relating to the crime being investigated. ``(ii) Civil rights claims.--An entity receiving a grant under this section may transfer data collected by the law enforcement agency from a body-mounted camera to another law enforcement agency for use in an investigation of any right, privilege, or immunity secured or protected by the Constitution or laws of the United States. ``(e) Matching Funds.-- ``(1) In general.--Except as provided in paragraph (3), the Federal share of the cost of a program carried out using a grant under this part may not exceed 75 percent of the total cost of the program. ``(2) Indian assistance.--Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the matching requirement described in paragraph (1). ``(3) Waiver.--The Assistant Attorney General may waive, in whole or in part, the matching requirement described in paragraph (1) in the case of fiscal hardship, as determined by the Assistant Attorney General. ``(f) Allocation of Funds.--For fiscal years 2015 and 2016, of the amounts appropriated to the Office of Justice Programs, $10,000,000 shall be used to carry out this part. ``SEC. 3022. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Assistant Attorney General in such form and containing such information as the Assistant Attorney General may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this part, the Assistant Attorney General shall promulgate regulations to implement this part, including the information that shall be included and the requirements that the States, units of local government, and Indian tribes must meet in submitting the applications required under this section. ``SEC. 3023. STUDY. ``(a) In General.--Not later than 2 years after the date on which all grants are awarded under this part, the Assistant Attorney General shall conduct a study on-- ``(1) the efficacy of body-worn cameras in deterring excessive force by law enforcement officers; ``(2) the impact of body-worn cameras on the accountability and transparency of the use of force by law enforcement officers; ``(3) the impact of body-worn cameras on responses to and adjudications of complaints of excessive force; ``(4) the effect of the use of body-worn cameras on the safety of law enforcement officers on patrol; ``(5) the effect of the use of body-worn cameras on public safety; ``(6) the impact of body-worn cameras on evidence collection for criminal investigations; ``(7) issues relating to the secure storage and handling of data from the body-worn cameras; ``(8) issues relating to the privacy of citizens and officers recorded on body-worn cameras; ``(9) issues relating to the public's access to body-worn camera footage; ``(10) the need for proper training of law enforcement officers that use body-worn cameras; ``(11) best practices in the development of protocols for the safe and effective use of body-worn cameras; and ``(12) any other factors that the Assistant Attorney General determines are relevant in evaluating the efficacy of body-worn cameras. ``(b) Report.--Not later than 180 days after the date on which the study required under subsection (a) is completed, the Assistant Attorney General shall submit to Congress a report on the study.''.

Police Creating Accountability by Making Effective Recording Available Act of 2015 or the Police CAMERA Act Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Assistant Attorney General for the Office of Justice Programs to make grants to states, local governments, and Indian tribes to purchase or lease body-worn cameras for use by law enforcement officers, and for expenses related to the implementation of a body-worn camera program, in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against officers, and improve evidence collection. Requires a grantee to: (1) develop, with community input, policies for the safe and effective use of body-worn cameras, for the secure storage, handling, and destruction of data collected, for protecting the privacy rights of any individual who may be recorded, and for the release of any data collected in accordance with the open records laws of the state; and (2) conduct periodic evaluations of the security of the storage and handling of the body-worn camera data. Requires a grantee to adopt data collection and retention protocols that: require an officer wearing a camera to provide an explanation if an activity that is required to be recorded is not recorded and to obtain a crime victim's or witness's consent to be recorded before interviewing him or her; minimize the collection of data unrelated to a legitimate law enforcement purpose; require the system used to store collected data to log all viewing, modification, or deletion of such data and to prevent its unauthorized access or disclosure; prohibit any law enforcement officer from accessing the stored data without an authorized purpose; require the law enforcement agency to collect and report data on incidences of use of force, the number of complaints filed against officers, the disposition of such complaints, and the number of times camera footage is used for evidence collection in investigations of crimes; and allow an individual to file a complaint with a law enforcement agency relating to the improper use of such cameras. Allows data collected by a grantee to be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. Prohibits a grantee from transferring any collected data to another law enforcement or intelligence agency, with specified exceptions for investigations of crimes and civil rights violations. Directs the Assistant Attorney General to study and report to Congress on the efficacy of body-worn cameras.

Police CAMERA Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fraud Enforcement Act of 2009''. SEC. 2. ENHANCEMENTS TO CRIMINAL LAWS RELATING TO HEALTH CARE FRAUD. (a) Fraud Sentencing Guidelines.-- (1) Definition.--In this subsection, the term ``Federal health care offense'' has the meaning given that term in section 24 of title 18, United States Code, as amended by this Act. (2) Review and amendments.--Pursuant to the authority under section 994 of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall-- (A) review the Federal Sentencing Guidelines and policy statements applicable to persons convicted of Federal health care offenses; (B) amend the Federal Sentencing Guidelines and policy statements applicable to persons convicted of Federal health care offenses involving Government health care programs to provide that the aggregate dollar amount of fraudulent bills submitted to the Government health care program shall constitute prima facie evidence of the amount of the intended loss by the defendant; and (C) amend the Federal Sentencing Guidelines to provide-- (i) a 2-level increase in the offense level for any defendant convicted of a Federal health care offense relating to a Government health care program which involves a loss of not less than $1,000,000 and less than $7,000,000; (ii) a 3-level increase in the offense level for any defendant convicted of a Federal health care offense relating to a Government health care program which involves a loss of not less than $7,000,000 and less than $20,000,000; (iii) a 4-level increase in the offense level for any defendant convicted of a Federal health care offense relating to a Government health care program which involves a loss of not less than $20,000,000; and (iv) if appropriate, otherwise amend the Federal Sentencing Guidelines and policy statements applicable to persons convicted of Federal health care offenses involving Government health care programs. (3) Requirements.--In carrying this subsection, the United States Sentencing Commission shall-- (A) ensure that the Federal Sentencing Guidelines and policy statements-- (i) reflect the serious harms associated with health care fraud and the need for aggressive and appropriate law enforcement action to prevent such fraud; and (ii) provide increased penalties for persons convicted of health care fraud offenses in appropriate circumstances; (B) consult with individuals or groups representing health care fraud victims, law enforcement officials, the health care industry, and the Federal judiciary as part of the review described in paragraph (2); (C) ensure reasonable consistency with other relevant directives and with other guidelines under the Federal Sentencing Guidelines; (D) account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the Federal Sentencing Guidelines, as in effect on the date of enactment of this Act, provide sentencing enhancements; (E) make any necessary conforming changes to the Federal Sentencing Guidelines; and (F) ensure that the Federal Sentencing Guidelines adequately meet the purposes of sentencing. (b) Intent Requirement for Health Care Fraud.--Section 1347 of title 18, United States Code, is amended-- (1) by inserting ``(a)'' before ``Whoever knowingly''; and (2) by adding at the end the following: ``(b) With respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.''. (c) Kickbacks.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(g) In addition to the penalties provided for in this section or section 1128A, a claim for items or services that are provided in violation of this section constitutes a false or fraudulent claim for purposes of subchapter III of chapter 37 of title 31, United States Code.''. (d) Health Care Fraud Offense.--Section 24(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking the semicolon and inserting ``or section 1128B of the Social Security Act (42 U.S.C. 1320a-7b); or''; and (2) in paragraph (2)-- (A) by inserting ``1349,'' after ``1343,''; and (B) by inserting ``section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 411, 501, or 511 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1111, 1131, and 1141),'' after ``title,''. SEC. 3. SUBPOENA AUTHORITY RELATING TO HEALTH CARE. (a) Subpoenas Under the Health Insurance Portability and Accountability Act of 1996.--Section 1510(b) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``to the grand jury''; and (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``grand jury subpoena'' and inserting ``subpoena for records''; and (B) in the matter following subparagraph (B), by striking ``to the grand jury''. (b) Subpoenas Under the Civil Rights of Institutionalized Persons Act.--The Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997 et seq.) is amended by inserting after section 3 the following: ``SEC. 3A. SUBPOENA AUTHORITY. ``(a) Authority.--The Attorney General, or at the direction of the Attorney General, any officer or employee of the Department of Justice may require by subpoena access to any institution that is the subject of an investigation under this Act and to any document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording, or quality assurance report relating to any institution that is the subject of an investigation under this Act to determine whether there are conditions which deprive persons residing in or confined to the institution of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. ``(b) Issuance and Enforcement of Subpoenas.-- ``(1) Issuance.--Subpoenas issued under this section-- ``(A) shall bear the signature of the Attorney General or any officer or employee of the Department of Justice as designated by the Attorney General; and ``(B) shall be served by any person or class of persons designated by the Attorney General or a designated officer or employee for that purpose. ``(2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under this section, the United States district court for the judicial district in which the institution is located may issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as a contempt that court. ``(c) Protection of Subpoenaed Records and Information.--Any document, record, material, file, report, memorandum, policy, procedure, investigation, video or audio recording, or quality assurance report or other information obtained under a subpoena issued under this section-- ``(1) may not be used for any purpose other than to protect the rights, privileges, or immunities secured or protected by the Constitution or laws of the United States of persons who reside, have resided, or will reside in an institution; ``(2) may not be transmitted by or within the Department of Justice for any purpose other than to protect the rights, privileges, or immunities secured or protected by the Constitution or laws of the United States of persons who reside, have resided, or will reside in an institution; and ``(3) shall be redacted, obscured, or otherwise altered if used in any publicly available manner so as to prevent the disclosure of any personally identifiable information.''. SEC. 4. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS TO THE DEPARTMENT OF JUSTICE FOR CRIMINAL AND CIVIL ENFORCEMENT OF HEALTH CARE FRAUD. (a) Authorization.--There is authorized to be appropriated to the Attorney General, to remain available until expended, $20,000,000 for each of fiscal years 2011 through 2016 for the purposes of investigations, prosecutions, and civil or other proceedings relating to fraud and abuse in connection with any health care benefit program, as defined in section 24(b) of title 18, United States Code. (b) Allocations.--With respect to each of fiscal years 2011 through 2016, the amount authorized to be appropriated under subsection (a) shall be allocated as follows: (1) For the offices of the United States attorneys, $10,000,000. (2) For the Criminal Division of the Department of Justice, $5,000,000. (3) For the Civil Division of the Department of Justice, $5,000,000.

Health Care Fraud Enforcement Act of 2009 - Directs the United States Sentencing Commission to review and amend guidelines and policy statements relating to health care fraud to increase the sentences for such crimes based upon the dollar amount of fraud involved. Expands the definition of "health care fraud" to include anti-fraud provisions of the Social Security Act relating to kickbacks, bribes, or rebates, the Food, Drug and Cosmetic Act, and the Employee Retirement Income Security Act of 1974 (ERISA). Makes a health care fraud violation under such statutes a false or fraudulent claim for purposes of the False Claims Act. Amends the federal criminal code to allow a conviction for health care fraud without actual knowledge of a fraud prohibition or a specific intent to commit a health care fraud violation. Amends the Civil Rights of Institutionalized Persons Act to expand the power of the Attorney General to issue subpoenas for records under such Act. Authorizes additional appropriations to the Department of Justice (DOJ) for FY2011-FY2016 for investigations and prosecutions relating to fraud and abuse in connection with any health care benefit program.

A bill to improve health care fraud enforcement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Drug Coverage Parity Act of 2011''. SEC. 2. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. (a) Employee Retirement Income Security Act of 1974 Amendments.-- (1) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 716. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides benefits with respect to intravenously administered or injected anticancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration. ``(b) Limitation.--Subsection (a) shall only apply to anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing or slowing the growth of cancerous cells in a manner that is in accordance with nationally accepted standards of medical practice; ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration; and ``(3) is not primarily for the convenience of the patient, physician, or other health care provider. ``(c) Application of Cost-Sharing and Restrictions.-- ``(1) In general.--The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to intravenously administered or injected anticancer medications under the plan or coverage for the same purpose. ``(2) Restriction.--A group health plan or health insurance issuer may not, in order to comply with the requirement of subsection (a)-- ``(A) impose an increase in out-of-pocket costs with respect to anticancer medications; or ``(B) reclassify benefits with respect to anticancer medications. ``(d) Application of Notice, Prohibitions, Etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2012, shall be substituted for the date referred to in subsection (b)(3) of such section. ``(e) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; or ``(2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.''. (2) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 716''. (3) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 716''. (4) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 714 the following new items: ``Sec. 715. Additional market reforms. ``Sec. 716. Parity in coverage for oral anticancer drugs.''. (b) Public Health Service Act Amendments.--(1) Title XXVII of the Public Health Service Act is amended by inserting after section 2728 (42 U.S.C. 300gg-28), as redesignated by section 1001(2) of the Patient Protection and Affordable Care Act (Public Law 111-148), the following new section: ``SEC. 2729. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan, and a health insurance issuer offering group or individual health insurance coverage, that provides benefits with respect to intravenously administered or injected anticancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration. ``(b) Limitation.--Subsection (a) shall only apply to anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing or slowing the growth of cancerous cells in a manner that is in accordance with nationally accepted standards of medical practice; ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration; and ``(3) is not primarily for the convenience of the patient, physician, or other health care provider. ``(c) Application of Cost-Sharing and Restrictions.-- ``(1) In general.--The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to intravenously administered or injected anticancer medications under the plan or coverage for the same purpose. ``(2) Restriction.--A group health plan or health insurance issuer may not, in order to comply with the requirement of subsection (a)-- ``(A) impose an increase in out-of-pocket costs with respect to anticancer medications; or ``(B) reclassify benefits with respect to anticancer medications. ``(d) Application of Notice, Prohibitions, Etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement and Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2012, shall be substituted for the date referred to in subsection (b)(3) of such section. ``(e) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; or ``(2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.''. (2) Section 2724(c) of such Act (42 U.S.C. 300gg-23(c)), as redesignated by section 1001(4) and subsection (c)(14) of the section 1563 (relating to conforming amendments) of Public Law 111-148, is amended by striking ``section 2704'' and inserting ``sections 2725 and 2729''. (3) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2729''. (4) For purposes of applying section 2729 of the Public Health Service Act, as inserted by paragraph (1), to individual health insurance coverage before 2014, the provisions of such section shall be treated as also included under part B of title XXVII of the Public Health Service Act. (c) Internal Revenue Code Amendments.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by subsection (f) of the section 1563 (relating to conforming amendments) of Public Law 111-148, is amended by adding at the end the following new section: ``SEC. 9816. PARITY IN COVERAGE FOR ORAL ANTICANCER DRUGS. ``(a) In General.--Subject to subsection (b), a group health plan that provides benefits with respect to intravenously administered or injected anticancer medications shall provide for no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration. ``(b) Limitation.--Subsection (a) shall only apply to anticancer medication that is prescribed based on a finding by the treating physician that the medication-- ``(1) is medically necessary for the purpose of killing or slowing the growth of cancerous cells in a manner that is in accordance with nationally accepted standards of medical practice; ``(2) is clinically appropriate in terms of type, frequency, extent site, and duration; and ``(3) is not primarily for the convenience of the patient, physician, or other health care provider. ``(c) Application of Cost-Sharing and Restrictions.-- ``(1) In general.--The coverage of anticancer medication under subsection (a) may be subject to annual deductibles and coinsurance or copayments so long as such deductibles, coinsurance, and copayments do not exceed the deductibles, coinsurance, and copayments that are applicable to intravenously administered or injected anticancer medications under the plan for the same purpose. ``(2) Restriction.--A group health plan may not, in order to comply with the requirement of subsection (a)-- ``(A) impose an increase in out-of-pocket costs with respect to anticancer medications; or ``(B) reclassify benefits with respect to anticancer medications. ``(d) Application of Notice, Prohibitions, Etc.--The provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the Employee Retirement and Income Security Act of 1974 shall apply with respect to the coverage required by subsection (a) in the same manner as they apply with respect to the coverage required under such section, except that January 1, 2012, shall be substituted for the date referred to in subsection (b)(3) of such section. ``(e) Construction.--Nothing in this section shall be construed-- ``(1) to require the use of orally administered anticancer medications as a replacement for other anticancer medications; or ``(2) to prohibit a group health plan or health insurance issuer from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.''. (2) Clerical amendment.--The table of sections for such subchapter is amended by adding at the end the following new items: ``Sec. 9815. Additional market reforms. ``Sec. 9816. Parity in coverage for oral anticancer drugs.''. (d) Clarifying Amendment Regarding Application to Grandfathered Plans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (Public Law 111-148; 42 U.S.C. 18011(a)(4)(A)), as added by section 2301(a) of Public Law 111-152, is amended by adding at the end the following new clause: ``(v) Section 2729 (relating to standards relating to benefits for minor child's congenital or developmental deformity or disorder), as added by section 2(b) of the Cancer Drug Coverage Parity Act of 2011.''. (e) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 2012, and with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (f) Study.--Not later than 2 years after the date of the enactment of this Act-- (1) the Medicare Payment Advisory Commission shall complete a study that assesses how closing the Medicare part D donut hole under the amendments made by section 3301 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 1101 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), affects Medicare coverage for orally administered anticancer medications, with a particular focus on cost and accessibility; and (2) submit a report to Congress on the results of such study.

Cancer Drug Coverage Parity Act of 2011 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group or individual health plan providing benefits for intravenously administered or injected anticancer medications to provide no less favorable coverage for prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells and that has been approved by the Food and Drug Administration (FDA). Applies such requirement to medication that is prescribed based on a finding by the treating physician that the medication is: (1) medically necessary for the purpose of killing or slowing the growth of cancerous cells in accordance with nationally accepted standards of medical practice; (2) clinically appropriate in terms of type, frequency, extent site, and duration; and (3) not primarily for the convenience of the patient, physician, or other health care provider. Permits such coverage to be subject to the same cost-sharing applicable to intravenously administered or injected anticancer medications under the plan. Prohibits a health plan from imposing an increase in out-of-pocket costs, or reclassifying benefits, with respect to anticancer medications. Requires a plan to provide notice to each participant and beneficiary regarding the coverage required under this Act. Prohibits a health plan from taking specified actions to avoid the requirements of this Act. Requires the Medicare Payment Advisory Commission to assess how closing the Medicare part D donut hole affects Medicare coverage for orally administered anticancer medications, with a particular focus on cost and accessibility.

To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require group and individual health insurance coverage and group health plans to provide for coverage of oral anticancer drugs on terms no less favorable than the coverage provided for intravenously administered anticancer medications.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Repatriate Our Patriots Act''. SEC. 2. DEFINITION. In this Act, the term ``special veteran'' means an individual who is an alien and is described in section 101(2) of title 38, United States Code, except the term-- (1) only includes individuals who were discharged or released from the Armed Forces under honorable conditions; (2) does not include individuals who have been convicted of voluntary manslaughter, murder, rape, sexual abuse of a minor, or any offense under chapter 113B of title 18, United States Code (relating to terrorism); and (3) does not include individuals who have been determined to be a child abuser or a pedophile. SEC. 3. PROTECTING SPECIAL VETERANS FROM REMOVAL. Notwithstanding any other provision of law, including section 237 of the Immigration and Nationality Act (8 U.S.C. 1227), a special veteran shall not be removed from the United States. SEC. 4. NATURALIZATION FOR SPECIAL VETERANS. (a) In General.--Notwithstanding any other provision of law, a special veteran shall be naturalized as a citizen of the United States upon the filing of the appropriate application, paying the appropriate fees, and, except as provided in subsection (b), taking and subscribing before an officer of the Department of Homeland Security within the United States to the oath of allegiance required by section 337 of the Immigration and Nationality (8 U.S.C. 1448). The Secretary of Homeland Security shall take steps to ensure that the period in which an application for naturalization under this section is pending does not exceed 90 days. The Secretary shall furnish each special veteran naturalized under this section with a certificate of citizenship. (b) Special Veterans Abroad.--In the case of a special veteran residing abroad, the application for naturalization may be filed from abroad, and the oath of allegiance described in subsection (a) may be subscribed to abroad at United States embassies, consulates, and, as practicable, United States military installations overseas pursuant to the procedures available under section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (8 U.S.C. 1443a) for naturalization proceedings overseas for members of the Armed Forces and their spouses and children. (c) Waiver.--Consistent with section 337(a) of the Immigration and Nationality Act (8 U.S.C. 1448(a)), the Secretary of Homeland Security may waive the taking of the oath of allegiance described in subsection (a) by a special veteran if, in the opinion of the Secretary, the special veteran is unable to understand, or to communicate an understanding of, its meaning because of a physical or developmental disability or mental impairment. SEC. 5. TREATMENT OF SPECIAL VETERANS IN REMOVAL PROCEEDINGS OR ORDERED REMOVED. In the case of a special veteran in removal proceedings on the date of the enactment of this Act, the Secretary of Homeland Security shall cancel the removal of the special veteran. In the case of a special veteran who was ordered removed before the date of the enactment of this Act, the Attorney General shall rescind any outstanding order of removal, and any finding that the special veteran is subject to removal or is inadmissible. In the case of a special veteran physically present in the United States whose status as an alien lawfully admitted for permanent residence was rescinded before the date of the enactment of this Act, the Secretary of Homeland Security shall allow the veteran to adjust status to that of an alien lawfully admitted for permanent residence without regard to any numerical limitation in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 6. RETURN OF SPECIAL VETERANS REMOVED FROM THE UNITED STATES. Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program and application procedure to permit special veterans removed from the United States before the date of the enactment of this Act to enter the United States as an alien lawfully admitted for permanent residence without regard to any numerical limitation in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 7. ACCESS TO MILITARY BENEFITS. A special veteran who has been naturalized or has obtained the status of an alien lawfully admitted for permanent residence pursuant to this Act shall be eligible for all military and veterans benefits for which the special veteran would have been eligible if the special veteran had never been ordered removed, been removed, or voluntarily departed, from the United States. SEC. 8. IDENTIFICATION OF SPECIAL VETERANS. (a) Identification.--The Secretary of Homeland Security shall identify immigration cases involving special veterans by-- (1) inquiring of every alien processed prior to initiating removal proceedings whether the alien is a special veteran; and (2) keeping records of special veterans who have been detained under the immigration laws, had removal proceedings against them initiated before the date of the enactment of this Act, or been removed before such date. (b) Record Annotation.--When the Secretary has identified a case under subsection (a), the Secretary shall annotate all immigration and naturalization records of the Department of Homeland Security relating to the special veteran involved so as to reflect that identification and afford an opportunity to track the outcomes for the veteran. Such annotation shall include-- (1) the veteran's branch of military service; (2) whether or not the veteran served during a period of military hostilities described in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440); and (3) the veteran's immigration status at the time of enlistment.

Repatriate Our Patriots Act This bill prohibits a special veteran from being removed from the United States. A special veteran: (1) is an alien veteran who was discharged or released from military service under conditions other than dishonorable; (2) includes only an honorably discharged or released individual; and (3) excludes an individual convicted of voluntary manslaughter, murder, rape, sexual abuse of a minor, or terrorism-related offenses or an individual determined to be a child abuser or a pedophile. DHS: (1) shall process naturalization applications for special veterans within 90 days; and (2) may permit special veterans to file naturalization applications from abroad and take the oath of allegiance at U.S. embassies, consulates, and military installations. DHS shall: (1) cancel the removal of a special veteran in removal proceedings, and (2) allow a special veteran whose permanent resident status was rescinded to adjust back to such status. The Department of Justice, in the case of a special veteran who was ordered removed, shall rescind any outstanding order of removal and any finding that the individual is subject to removal or is inadmissible. DHS shall create a program to allow a special veteran who was removed to return to the United States as a lawfully admitted permanent resident. A special veteran who has been naturalized or who has obtained lawful permanent resident status pursuant to this bill shall be eligible for all military and veterans benefits for which such individual would have been eligible otherwise. DHS shall identify and maintain records of immigration cases involving special veterans.

Repatriate Our Patriots Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Equipment Safety and Responsibility Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Promoting safety on United States highways is a national priority. The Secretary of Transportation has promulgated the Federal Motor Carrier Safety Regulations to further this purpose. The systematic maintenance, repair, and inspection of equipment traveling on public highways in interstate commerce are an integral part of this safety regime. (2) Intermodal transportation plays a significant role in expanding the United States economy, which depends heavily upon the ability to transport goods by various modes of transportation. (3) Although motor carriers and their drivers often receive trailers, chassis, containers, and other items of intermodal equipment to be transported in interstate commerce, they do not possess the requisite level of control or authority over this intermodal equipment to perform the systematic maintenance, repair, and inspection necessary to ensure compliance with the applicable Federal Motor Carrier Safety Regulations and to ensure the safety of United States highways. (4) As a result of roadside inspections, motor carriers and their drivers are cited and fined for violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment that they do not have the opportunity to systematically maintain. These violations negatively affect the safety records of motor carriers. SEC. 3. PURPOSE. The purpose of this Act is to ensure that only those parties that control intermodal equipment transported on public highways in the United States (and thus have the opportunity and authority to systematically maintain, repair, and inspect the intermodal equipment) have legal responsibility for the safety of that equipment as it travels in interstate commerce. SEC. 4. DEFINITIONS. Section 5901 of title 49, United States Code, is amended by adding at the end the following new paragraphs: ``(9) `motor carrier' includes-- ``(A) a motor private carrier, as defined in section 13102 of this title; and ``(B) an agent of a motor carrier. ``(10) `intermodal equipment'-- ``(A) means equipment that is commonly used in the intermodal transportation of freight over public highways as an instrumentality of foreign or interstate commerce; and ``(B) includes a trailer, chassis, container, and any device associated with a trailer, chassis, or container. ``(11) `equipment interchange agreement', with respect to intermodal equipment, means a written document that-- ``(A) is executed by a controller of the equipment, or its agent, and a motor carrier; and ``(B) establishes the responsibilities and liabilities of both parties as they relate to the interchange of the equipment. ``(12) `controller', with respect to intermodal equipment, means any party that has any legal right, title, or interest in the equipment, except that a motor carrier-- ``(A) is not a controller of the equipment solely because it provides or arranges for any part of the intermodal transportation of the equipment; and ``(B) may not be considered a controller of the equipment if authority for systematic maintenance and repairs of the equipment has not been delegated to the motor carrier. ``(13) `interchange', with respect to intermodal equipment, means the act of providing the equipment to a motor carrier for the purpose of transporting the equipment for loading or unloading by any party or repositioning the equipment for the benefit of the equipment controller, except that such term does not mean the leasing of the equipment to a motor carrier for use in the motor carrier's over-the-road freight hauling operations. ``(14) `applicable safety regulations' means the regulations applicable to controllers of intermodal equipment under section 5909 of this title.''. SEC. 5. JURISDICTION OVER EQUIPMENT CONTROLLERS. Chapter 59 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 5909. Jurisdiction over equipment controller ``The authority of the Secretary of Transportation to prescribe regulations on commercial motor vehicle safety under section 31136 of this title shall apply to controllers of intermodal equipment that is interchanged or to be interchanged.''. SEC. 6. EQUIPMENT CONTROLLER RESPONSIBILITY. (a) In General.--Chapter 59 of title 49, United States Code, as amended by section 5, is further amended by adding at the end the following new section: ``Sec. 5910. Equipment inspection, repair, and maintenance ``(a) In General.--Notwithstanding any provision of an equipment interchange agreement, a controller of intermodal equipment that is interchanged or to be interchanged-- ``(1) shall be responsible and held liable for the systematic inspection, maintenance, and repair of the equipment; ``(2) shall, each time prior to offering a motor carrier the equipment for interchange, inspect the equipment and provide such maintenance on, and make such repairs to, the equipment to ensure that such equipment complies with all applicable safety regulations at all times; and ``(3) shall not offer intermodal equipment to a motor carrier unless such equipment has been inspected and repaired as necessary to comply with such regulations. ``(b) Reimbursement.-- ``(1) In general.--In the event that a repair of interchanged intermodal equipment is necessary while in a motor carrier's possession in order to comply with applicable safety regulations, the controller of the equipment shall promptly reimburse the motor carrier for the actual expenses that are incurred by the motor carrier for the necessary repair, together with compensation for any loss incurred by the motor carrier by reason of delay in the transportation of the equipment necessitated by the need for the repair. ``(2) Exception.--The controller of intermodal equipment shall not be liable to provide reimbursement or compensation for a repair to a motor carrier under paragraph (1) if the motor carrier's negligence or willful misconduct caused the condition requiring the repair. ``(c) Fines.--The Secretary may prescribe fines against controllers of intermodal equipment for violations of this section.''. SEC. 7. SAFETY COMPLIANCE. (a) In General.--Chapter 59 of title 49, United States Code, as amended by section 6, is further amended by adding at the end the following new section: ``Sec. 5911. Compliance with safety regulations ``(a) Liability of Equipment Controller.--Notwithstanding any provision of an equipment interchange agreement, the controller of intermodal equipment covered by such agreement shall be liable for each violation of applicable safety regulations that is attributable to such equipment and shall pay any fine, penalty, and damages resulting from such violation, except that the controller of such equipment shall not be liable for any such violations that is proximately caused by the negligence or willful misconduct of a motor carrier that is not the controller of such equipment. ``(b) Limitation on Liability of Motor Carrier.--A motor carrier who receives intermodal equipment through interchange may not be held liable for a violation of applicable safety regulations that is attributable to such equipment other than under the circumstances and to the extent provided in subsection (a). ``(c) Limitation on Effect.--No record or report of a violation of applicable safety regulations attributable to interchanged intermodal equipment, whether issued by a Federal, State, or local law enforcement authority, shall have any effect on a motor carrier's overall safety rating or safety status measurement system score, as determined by the Federal Motor Carrier Safety Administration, or on a driving record of a driver for the motor carrier unless such violation was proximately caused by the negligence or willful misconduct of the motor carrier or driver, respectively. ``(d) Procedure for Records Corrections.--The Secretary of Transportation shall prescribe an expedited procedure to correct records or reports of violations that under subsection (c) should not have been adversely affected by a violation of applicable safety regulations.''. (b) Time for Prescribing Records Correction Procedures.--The Secretary shall issue final regulations setting forth the expedited procedures required by section 5910(d) of title 49, United States Code, not later than 180 days after the date of enactment of this Act. SEC. 8. AUTHORITY TO INSPECT. Chapter 59 of title 49, United States Code, as amended by section 7, is further amended by adding at the end the following new section: ``Sec. 5912. Authority to inspect ``(a) Authority.--The Secretary of Transportation is authorized to enter any facility of a controller of intermodal equipment interchanged for use on a public highway in order to inspect the equipment to determine whether the equipment complies with the applicable regulations. ``(b) Inspection Program.--The Secretary shall establish and implement with appropriate staffing an inspection and audit program at facilities of controllers of intermodal equipment in order to make determinations under subsection (a). Inspection of equipment and maintenance records for such equipment at such facility shall take place not less frequently than once every 3 months. ``(c) Non-Complying Equipment.--Any intermodal equipment that is determined under this section as failing to comply with applicable safety regulations shall be placed out of service and may not be used on a public highway until the repairs necessary to bring such equipment into compliance have been completed. Repairs of equipment placed out of service shall be documented in the maintenance records for such equipment.''. SEC. 9. PROHIBITION ON RETALIATION. Chapter 59 of title 49, United States Code, as amended by section 8, is further amended by adding at the end the following new section: ``Sec. 5913. Penalties for retaliation ``(a) Retaliation Prohibited.--A controller of intermodal equipment may not take any action to threaten, coerce, discipline, discriminate, or otherwise retaliate against a motor carrier in response to a request made by the motor carrier for maintenance or repair of equipment intended for interchange in order to comply with the applicable safety regulations. ``(b) Failure To Timely Provide Safe Equipment Deemed To Be Retaliation.--Upon receiving a motor carrier's request for maintenance or repair of intermodal equipment to be picked up by the motor carrier in an interchange of equipment, the controller of intermodal equipment shall be considered to have retaliated against the motor carrier for the purposes of this section if the controller of intermodal equipment fails to provide the motor carrier with the equipment in a condition compliant with the applicable safety regulations within 60 minutes after the motor carrier arrives to pick up the equipment at the place where the equipment is to be picked up. ``(c) Penalty.--A controller of intermodal equipment that violates subsection (a) shall be liable to the United States Government for a civil penalty of up to $10,000 for each violation.''. SEC. 10. DELEGATION OF MAINTENANCE RESPONSIBILITY. Chapter 59 of title 49, United States Code, as amended by section 9, is further amended by adding at the end the following new section: ``Sec. 5914. Maintenance responsibility ``A controller of intermodal equipment may not delegate its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier or motor carrier agent in an equipment interchange agreement.''. SEC. 11. COMPATIBILITY OF STATE LAWS. (a) In General.--Chapter 59 of title 49, United States Code, as amended by section 10, is further amended by adding at the end the following new section: ``Sec. 5915. Compatibility of State laws ``(a) Preemption Generally.--Except as provided in subsection (b) or as otherwise authorized by Federal law, a law, regulation, order, or other requirement of a State or political subdivision of a State, or of a tribal organization, is preempted if compliance with such law, regulation, order, or other requirement would preclude compliance with a requirement imposed under this chapter. ``(b) Certain Rules not Preempted.--A law, regulation, order, or other requirement of a State or political subdivision of a State, or of a tribal organization, shall not be preempted under subsection (a) if such law, regulation, order, or other requirement is more stringent than, but otherwise compatible with, a requirement under this chapter. ``(c) Tribal Organization Defined.--In this section, the term `tribal organization' has the meaning given such term in section (4)(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).''. SEC. 12. REPEAL OF OBSOLETE PROVISION. Section 5907 of title 49, United States Code, is repealed. SEC. 13. CLERICAL AMENDMENTS. The table of sections at the beginning of such chapter is amended-- (1) by striking the item relating to section 5907; and (2) by adding at the end the following: ``5909. Jurisdiction over equipment controller. ``5910. Equipment inspection, repair, and maintenance. ``5911. Compliance with safety regulations. ``5912. Authority to inspect. ``5913. Penalties for retaliation. ``5914. Maintenance responsibility. ``5915. Compatibility of State laws.''. SEC. 14. IMPLEMENTING REGULATIONS. (a) Regulations.--The Secretary of Transportation, after notice and opportunity for comment, shall issue regulations implementing the provisions of this Act. The regulations shall be issued as part of the Federal Motor Carrier Safety Regulations of the Department of Transportation. The implementing regulations shall include-- (1) a requirement to identify controllers of intermodal equipment that is interchanged or intended for interchange in intermodal transportation; (2) a requirement to match such equipment readily to its controller through a unique identifying number; (3) a requirement to ensure that each controller of intermodal equipment maintains a system of maintenance and repair records for such equipment; (4) a requirement to evaluate the compliance of controllers of intermodal equipment with the applicable Federal Motor Carrier Safety Regulations; (5) a provision that prohibits controllers of intermodal equipment that fail to attain satisfactory compliance with such regulations from authorizing the placement of equipment on public highways; (6) a requirement for the Secretary to consider the effect that adequate maintenance facilities may have on safety condition of equipment; (7) a process by which motor carriers and agents of motor carriers may anonymously petition the Federal Motor Carrier Safety Administration to undertake an investigation of a noncompliant controller of intermodal equipment; (8) administrative procedures to resolve disputes arising under the regulations; and (9) the inspection and audit program required under section 5912(b) of title 49, United States Code, as added by section 8. (b) Time for Issuing Regulations.--The regulations required under subsection (a) shall be developed pursuant to a rulemaking proceeding initiated not later than 120 days after the date of the enactment of this Act and shall be issued not later than one year after such date of enactment. (c) Definitions.--For the purposes of this section, the definitions set forth in section 5901 of title 49, United States Code, as amended by section 4, shall apply. SEC. 15. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Federal Motor Carrier Safety Administration such sums as may be necessary for the establishment and implementation of the inspection program required under section 5912 of title 49, United States Code, as added by section 8. SEC. 16. EFFECTIVE DATE. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Act and the amendments made by such sections shall take effect 30 days after the date of the enactment of this Act.

Intermodal Equipment Safety and Responsibility Act of 2003 - Subjects controllers of interchangeable intermodal equipment to commercial motor vehicle safety regulation and liability, including systematic inspection, maintenance, and repair requirements. Authorizes the Secretary of Transportation to conduct inspections. Prohibits a controller from retaliating against any motor carrier in response to a request for safety maintenance or repair of equipment intended for interchange, including failing to provide requested safe equipment in a timely fashion. Prohibits controller delegation of this maintenance responsibility. Directs the Secretary to issue implementing regulations as part of the Federal Motor Carrier Safety Regulations.

A bill to amend title 49, United States Code, relating to responsibility for intermodal equipment compliance with commercial motor vehicle safety requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Foreclosure Rescue Corporation Act''. SEC. 2. PURPOSES. The purposes of this Act are to provide emergency relief with respect to home mortgage indebtedness through the establishment of a corporation to directly refinance home mortgages to homeowners currently in foreclosure, serious default, or with a reasonable expectation of imminent, sustained default and-- (1) to extend relief to the owners of homes occupied by them and who are unable to amortize their debt elsewhere, including those homeowners whose outstanding mortgage indebtedness exceeds the value of their home due to recent declines in the housing market; (2) to provide necessary funds for refinancing without reliance on liquidity and credit availability in private markets; (3) to stabilize neighborhoods by reducing foreclosures and the downward impact on house prices created by the threat of widespread foreclosure; (4) to encourage loan originators and servicers to modify the terms of existing non-performing loans to obligations that borrowers can reasonably repay; (5) to provide mortgage assistance in an efficient manner at minimal to no cost to the taxpayer, with corporate profits returned to the Treasury of the United States; and (6) to minimize the impacts of the current mortgage crisis on the broader economy. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Corporation.--The term ``Corporation'' means the Family Foreclosure Rescue Corporation established under section 4. (2) Board.--The term ``Board'' means the Board of Directors of the Corporation. (3) Home mortgage.--The term ``home mortgage'' means a first mortgage on real estate-- (A)(i) in fee simple, upon which there is located a dwelling for not more than four families; (ii) on a leasehold under a renewable lease for not less than 99 years, upon which there is located a dwelling for not more than four families; or (iii) that is a single unit in a condominium; and (B) has a value not exceeding the lower of-- (i) 125 percent of the local area median home price; or (ii) 175 percent of the dollar amount limitation for a single-family residence then in effect under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) . (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. ESTABLISHMENT. The Secretary of the Treasury shall establish a corporation to be known as the Family Foreclosure Rescue Corporation, which shall be an instrumentality of the United States, and which shall have authority to sue and to be sued in any court of competent jurisdiction, Federal or State. SEC. 5. BOARD. (a) In General.--The Corporation shall be under the direction of a Board of Directors and shall be operated by the Board under such bylaws, rules, and regulations as the Board may prescribe for the accomplishment of the purposes and intent of this Act. (b) Members.--The Board shall consist of seven members, as follows: (1) Two of the members shall be appointed by the President. (2) Four of the members shall be appointed by President from among a list of 10 nominees selected jointly by the Speaker of the House of Representatives and the majority leader of the Senate. (3) The Secretary shall serve as an ex officio member of the Board. SEC. 6. CAPITAL STOCK. (a) In General.--The Corporation shall have capital stock subscribed to by the Secretary on behalf of the United States Government in such amount as the Secretary may determine to be appropriate, to the extent provided in advance in an appropriation Act for any fiscal year, but not to exceed in the aggregate $200,000,000. (b) Certificates.--Certificates evidencing shares of nonvoting capital stock of the Corporation shall be issued by the Corporation to the Secretary, to the extent of payments made for the capital stock of the Corporation. (c) Public Debt Transaction.--For the purpose of purchasing shares of capital stock of the Corporation, the Secretary may use as a public- debt transaction the proceeds of any securities issued under chapter 31 of title 31, United States Code. SEC. 7. BORROWING. (a) Issuance.--The Corporation may issue bonds in an aggregate amount not to exceed $150,000,000,000, which may be sold by the Corporation to obtain funds for carrying out the purposes of this Act, or exchanged as hereinafter provided. Such bonds shall be issued in such denominations as the Board shall prescribe, shall mature within a period of not more than 30 years from the date of their issue, shall bear interest at a rate not to exceed 5 percent annually, and shall be fully and unconditionally guaranteed as to principal and interest by the United States, and such guaranty shall be expressed on the face thereof. (b) Payment.--The Corporation shall make bond payments of accrued interest plus principal in the amount sufficient to return the principal within a period not to exceed 30 years, and such payments may be made monthly, quarterly, semi-annually, or annually, in the discretion of the Corporation. Outstanding principal and accrued interest shall be paid to the bond holder in the event that the mortgage issued in exchange for that bond is paid off or title to the underlying property is transfered by sale or foreclosured. (c) Treasury Borrowing.--In the event that the Corporation is unable to pay upon demand, when due, the interest on any such bonds, the Secretary shall pay to the Corporation the amount of such interest, which is hereby authorized to be appropriated to the Corporation, and the Corporation shall pay the amount of such interest to the holders of the bonds. Upon the payment of such interest by the Secretary, the amount so paid shall become an obligation of the Corporation to the United States and shall bear interest at the same rate as that borne by the bonds upon which the interest has been so paid. (d) Treatment.--The bonds issued by the Corporation under this section shall be exempt, both as to principal and interest, from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States or any District, Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. SEC. 8. TREATMENT OF CORPORATION. The Corporation, including its franchise, its capital, reserves, and surplus, and its loans and income, shall be exempt from taxation referred to in section 7(c), except that any real property of the Corporation shall be subject to taxation to the same extent, according to its value, as other real property is taxed. SEC. 9. EMERGENCY MORTGAGE RELIEF. (a) Acquisition of Mortgages.--The Corporation may, during the three-year period that begins upon the date of the enactment of this Act-- (1) acquire in exchange for bonds issued by the Corporation, home mortgages and other obligations and liens secured by real estate (including the interest of a vendor under a purchase-money mortgage or contract) recorded or filed in the proper office or executed prior to the date of the enactment of this Act, which are currently in default or at foreseeable risk of default, except that-- (A) in the event that the home mortgage was placed in a trust or other qualified special purpose vehicle for the purposes of securitization, acceptance of Corporation bonds by a duly appointed servicer as payment in full for the purchase of the home mortgage shall be construed as a non-foreclosure alternative to the termination of a loan, equivalent to a short sale or short payoff; (B) the face value of the bonds so exchanged and the cash so advanced shall not exceed, in any case, the principal balance plus accrued interest on that balance (exclusive of additional fees incurred as part of lender workouts and similar actions), as of the time of acquisition by the Corporation, as determined by an appraisal made by the Corporation; and (C) in any case in which the amount of the face value of the bonds exchanged plus accrued interest thereon and the cash advanced is less than the amount the homeowner owes with respect to the home mortgage or other obligation or lien so acquired by the Corporation, the Corporation shall credit the difference between such amounts to the homeowner and shall reduce the amount owed by the homeowner to the Corporation, to that extent; and (2) in connection with any such exchange, make advances in cash to pay the taxes and assessments on the real estate, to meet the incidental expenses of the transaction, and to pay such amounts, not exceeding $750, to the holder of the mortgage, obligation, or lien acquired as may be the difference between the face value of the bonds exchanged and the purchase price of the mortgage, obligation, or lien; (b) Amortization.--Each home mortgage or other obligation or lien so acquired shall be carried as a first lien or refinanced as a home mortgage by the Corporation on the basis of the price paid for the mortgage, obligation, or lien by the Corporation, and shall be amortized by means of monthly payments sufficient to retire the interest and principal within a period of not to exceed 30 years; but the amortization payments of any homeowner may be made quarterly, semiannually, or annually, if in the judgment of the Corporation the situation of the homeowner requires it. (c) Maximum Interest Rate.--Interest on the unpaid balance of the obligation of the homeowner to the Corporation shall be at a rate not exceeding 7.5 percent annually. (d) Extensions.--The Corporation may at any time grant an extension of time to any homeowner for the payment of any installment of principal or interest owed by the homeowner to the Corporation if, in the judgment of the Corporation, the circumstances of the homeowner and the condition of the security justify such extension. (e) Redemption and Recovery of Foreclosed Properties.--The Corporation may, during the three-year period described in subsection (a), exchange bonds and advance cash subject to the limitations provided in subsection (a), to redeem or recover homes lost by the owners by foreclosure or forced sale by a trustee under a deed of trust or under power of attorney, or by voluntary surrender to the mortgagee within two years prior to such exchange or advance. (f) Real Estate.--As used in this section, the term ``real estate'' includes only real estate described in section 3(3). SEC. 10. NONDISCRIMINATION. (a) Location of Real Estate.--No discrimination shall be made under this Act against any home mortgage by reason of the fact that the real estate securing such mortgage is located in a municipality, county, or taxing district which is in default upon any of its obligations. (b) Characteristics of Applicants.--The Corporation is prohibited from discriminating in its lending behavior based on the race, color, religion, sex, national origin, age, disability, or familial status of the applicant or applicants. SEC. 11. DENIAL OF APPLICATIONS. (a) Authority To Deny.--The Corporation may deny a home mortgage application on the grounds of an applicant's inability to pay or excess indebtedness, as determined by credit score, household income and assets, or other criteria, to be determined by the Board or its designees. (b) Counseling.--The Corporation shall provide applicants who are denied a home mortgage issued by the Corporation information sufficient to identify and contact a housing counseling provider serving the local area in which the applicant resides who has been certified pursuant to section 106(f) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(f)). SEC. 12. DISPOSITION OF REAL ESTATE. In the event the Corporation takes possession of real estate through foreclosure, voluntary transfer of title, or otherwise, the Corporation shall dispose of the real estate in a manner that minimizes adverse impacts on neighboring property values by staggering sales so as not to create an excess supply of properties for sale or by offering properties for rent until disposition is possible. The Corporation may make necessary repairs to Corporation-owned property to maintain the value of the property and to prepare it for disposition. SEC. 13. APPRAISALS. The Board shall make rules for the appraisal of the property on which loans are made under this Act, to accomplish the purposes of this Act. SEC. 14. OTHER PROVISIONS. (a) Officers and Employees.--The Corporation shall have power to select, employ, and fix the compensation of such officers, employees, attorneys, or agents as shall be necessary for the performance of its duties under this Act, without regard to the provisions of other laws applicable to the employment or compensation of officers, employees, attorneys, or agents of the United States. No such officer, employee, attorney, or agent shall be paid compensation at a rate in excess of the rate provided for the members of the Board. (b) Use of Mails.--The Corporation may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (c) Salaries and Expenses.--The Corporation shall pay such proportion of the salary and expenses of the members of the Board and of its officers and employees as the Board may determine to be equitable, and may use the facilities of Federal Home Loan Banks, upon making reasonable compensation for such use, as determined by the Board. (d) Bylaws, Rules, and Regulations.--The Board may make such bylaws, rules and regulations, not inconsistent with the provisions of this Act, as may be necessary for the proper conduct of the affairs of the Corporation. (e) Retirement of Stock.--The Corporation shall retire and cancel the bonds and stock of the Corporation as rapidly as the resources of the Corporation will permit. Upon the retirement of such stock, the reasonable value thereof as determined by the Board shall be paid into the Treasury of the United States and the receipts issued therefor shall be canceled. SEC. 15. LIQUIDATION. The Board shall proceed to liquidate the Corporation when its purposes have been accomplished, and shall pay any surplus or accumulated funds into the Treasury of the United States. The Corporation may declare and pay such dividends to the United States as may be earned and as in the judgment of the Board it is proper for the Corporation to pay.

Family Foreclosure Rescue Corporation Act - Instructs the Secretary of the Treasury to establish the Family Foreclosure Rescue Corporation to acquire, via the sale of bonds, home mortgages and other obligations and liens secured by real estate which are currently in default or at foreseeable risk of default.

To establish the Family Foreclosure Rescue Corporation to provide emergency relief to refinance home mortgages of homeowners in foreclosure or default.

SECTION 1. FINDINGS. The Congress finds as follows: (1) Raul Julia made his Broadway debut just a few weeks after arriving in New York City in 1964 in Calderon's ``Life is a Dream''. (2) Raul Julia, after only 3 years of living in New York City, was instrumental in opening doors for nontraditional parts for Hispanic actors by taking the role of Demetrius in Shakespeare's ``Titus Andronicus'' at the New York Shakespeare Festival and Cradeau in Sartre's ``No Exit''. (3) Raul Julia was the busiest Hispanic Shakespearean actor in New York and the first to establish a decades-long association with Joseph Papp and the New York Shakespeare Festival. (4) Raul Julia began an impressive and productive 28-year association with Joseph Papp and the New York Shakespeare Festival as Macduff in the Festival's Mobile Unit, Spanish language production of MacBeth. (5) Raul Julia became the first Puerto Rican actor to conquer Broadway stages by having his work be nominated for 4 different Tony Awards in 10 years: ``Two Gentlemen of Verona'', ``Where's Charley?'', ``Threepenny Opera'', and ``Nine''. (6) Raul Julia provided a role model for millions of children in his role as ``Rafael, the Fix-It Man'' in Sesame Street. (7) Raul Julia was a dedicated leader in the fight against the rising rates of teen violence and cosponsored scriptwriting competitions for high school students as a way to encourage teenagers to express their emotions through art rather than through violence. (8) Raul Julia's dedication to help Hispanic-American film and television writers develop their work led him to co-found the Latino Playwrights Reading Workshops. (9) Raul Julia was instrumental in the formation of the now legendary Puerto Rico Traveling Theater, an off-Broadway nonprofit Puerto Rican theater that to this day continues to promote and showcase bilingual plays, new Hispanic playwrights and Spanish-speaking actors while bringing theater to those who cannot ordinarily afford it. (10) Raul Julia was a leader in the entertainment industry, particularly as a tireless mentor and role model to emerging Latino actors. (11) Raul Julia was a dedicated activist and humanitarian who in his lifetime became a major supporter and spokesperson for the Hunger Project, a nonprofit organization committed to the eradication of world hunger. (12) Raul Julia was tireless in his commitment to the Puerto Rican film industry and to the making of Spanish language films and continued to participate in small, independent, Spanish-language films even after having become a Hollywood star. (13) Raul Julia was an extremely successful stage, film and television actor who never abandoned his Puerto Rican heritage, never changed his name and never gave up his accent, thereby becoming an enduring role model for hundreds of Latino actors. (14) Raul Julia received the Hispanic Heritage Award recognizing his many career achievements for the Latino community, including his involvement in ``La Familia'', a New York City outreach program for Latino families in need, the Puerto Rican traveling theater, the Museo del Barrio, and the New York Shakespeare Festival. (15) Raul Julia received the National Board of Review Best Actor prize for his interpretation of the political prisoner Valentin in the award-winning landmark film ``The Kiss of the Spider Woman'', an award he shared with his co-star William Hurt. (16) Raul Julia posthumously received the prestigious Emmy Award, Cable Ace Award, Golden Globe Award, and the SAG Award, given by his fellow actors for his most famous roles including Chico Mendes in ``The Burning Season''. (17) Raul Julia was proud of his Puerto Rican heritage and his life and work reflected his strong commitment to his culture and the people of Puerto Rico. (18) Raul Julia was given a state funeral in Puerto Rico and since that time there have been many awards and honors created in his name: a scholarship at Julliard, a scholarship given to a promising young actor for the purpose of studying and performing Shakespeare at the Joseph Papp Public Theater, the Raul Julia Award for Excellence given annually by the National Endowment for the Hispanic Arts in Washington, DC, El Teatro Raul Julia in San Juan Puerto Rico, and the Raul Julia Global Citizen Award, an annual award being given this year for the first time by the Puerto Rican Family Institute based in New York City. (19) Raul Julia was recognized by the office of the Mayor of the city of New York with the creation of Raul Julia Day which was celebrated and commemorated in conjunction with Puerto Rican Heritage and Culture Month on November 21, 1994. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design, to the family of the late Raul Julia, in recognition of his dedication to ending world hunger and his great contributions to the Latino community and to the performing arts. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Gifts and Donations.--The Secretary may accept, use, and disburse gifts or donations of property or money to carry out this section. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund. SEC. 6. TRANSFER OF ANY NET INCOME TO THE NEW YORK PUBLIC THEATER AND THE NEW YORK SHAKESPEARE FESTIVAL. If the sum of any gifts and donations received by the Secretary under section 2(c) and any proceeds from the sale of duplicate medals pursuant to section 3 exceeds the total amount of the costs incurred by the Secretary in carrying out this Act, the Secretary shall transfer, from the United States Mint Public Enterprise Fund, an amount equal to-- (1) 1/2 of such excess amount to the New York Public Theater; and (2) 1/2 of such excess amount to the New York Shakespeare Festival.

Directs: (1) the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to the family of the late Raul Julia in recognition of his dedication to ending world hunger and his great contributions to the Latino community and the performing arts; and (2) the Secretary of the Treasury to transfer half of the amount by which the sum of any gifts and donations received and any proceeds from the sale of duplicate medals exceeds the costs incurred in carrying out this Act to the New York Public Theater and half to the New York Shakespeare Festival.

To award a congressional gold medal to the family of the late Raul Julia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Disclosure Act of 1997''. SEC. 2. DEFINITIONS. As used in this Act: (1) Insurer.--The term ``insurer'' means any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or other legal entity engaged in the business of insurance, including agents, brokers, adjusters, and third party administrators. The term also includes health benefit plans, health carriers, and life, disability, and property and casualty insurers. (2) Health benefit plan.--The term ``health benefit plan'' means any public or private entity or program that provides for payments for health care, including-- (A) a group health plan (as defined in section 2791(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-91(a)(1)), section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)), or section 5000(b)(1) of the Internal Revenue Code of 1986)); (B) a multiple employer welfare arrangement (as defined in section 3(40) of the Employee Retirement Income Security Act (29 U.S.C. 1002(40))) that provides benefits consisting of medical care (as defined in section 733(a)(2) of such Act (29 U.S.C. 1191b(a)(2))), including items and services paid for as medical care; (C) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract; (D) workers' compensation or similar insurance to the extent that it relates to workers' compensation medical benefits (as defined in regulations of the Secretary); (E) automobile medical insurance to the extent that it relates to medical benefits (as defined in regulations of the Secretary); and (F) any other insurance providing for enrollees medical benefits (as defined in regulations of the Secretary) in the event of sickness, accident, disability, death, or unemployment. (3) Health carrier.--The term ``health carrier'' means a person that contracts or offers to contract on a risk-assuming basis to provide, deliver, arrange for, pay for, or reimburse any of the cost of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services. (4) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. ACCESS BY EXAMINED INDIVIDUAL TO RESULTS OF MEDICAL EXAMINATIONS. An insurer shall take such actions as are necessary to ensure that, in any case in which-- (1) a medical examination of an individual is required for initial or continued enrollment under a policy issued by the insurer, and (2) such medical examination is conducted by a person who is in the employ of the insurer or whose services are procured otherwise by the insurer, such individual (or the individual's legal guardian) is provided all medical information obtained from such examination at the same time that such information is made available to the insurer and is encouraged to make such information available to such individual's own physician. SEC. 4. ENFORCEMENT. (a) Applicability of Certain Public Health Service Act Provisions.-- (1) In general.--For purposes of sections 2722 and 2723 of the Public Health Service Act (42 U.S.C. 300gg-22, 300gg-23), the provisions of section 3 shall be deemed provisions of part A of title XXVII of such Act. For purposes of sections 2761 and 2762 of such Act (42 U.S.C. 300gg-45, 300gg-46), the provisions of section 3 shall be deemed provisions of part B of such title XXVII. (2) Rules of construction.--In applying such sections 2722, 2723, 2761 and 2762, and section 2791(d) of such Act (42 U.S.C. 300gg-91(d)) pursuant to paragraph (1)-- (A) any reference to a ``health insurance issuer'' shall be deemed a reference to an insurer (as defined in section 2(1))); (B) any reference to ``health insurance coverage'' (including any such coverage offered in connection with a group health plan) shall be deemed a reference to a policy (as defined in section 2(4)); (C) any reference to a ``group health plan'' shall be deemed a reference to a group insurance plan (as defined in section 111(b)(1) of the Employee Retirement Income Security Act of 1974, and subject to the same rules as apply with respect to group health plans under section 2721(a) of the Public Health Service Act (42 U.S.C. 300gg-21(a))); and (D) any reference to part A or part B of title XXVII of such Act shall be deemed a reference to sections 2 through 6 of this Act. (b) Private Cause of Action.-- (1) In general.--An individual who believes that he or she has been adversely affected by an act or practice of an insurer in violation of section 3 may maintain an action against the insurer in a Federal or State court of original jurisdiction. Upon proof of such conduct by a preponderance of the evidence, the court may award appropriate relief, including temporary, preliminary, and permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys and expert witnesses. With respect to compensatory damages, the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $10,000 for each violation. It shall be the duty of the Federal courts to advance on the docket and to expedite to the greatest possible extent the disposition of any action for temporary or preliminary injunctive relief considered under this paragraph. (2) Additional provisions relating to jurisdiction, venue, attorney's fees, etc.-- (A) In general.--Subject to subparagraph (B), subsections (d), (e), (f), (g), (h), and (j) of section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(d), (e), (f), (g), (h), and (j)) shall apply with respect to a cause of action under paragraph (1) in the same manner and to the same extent as such subsections apply with respect to a cause of action under section 502(a)(1)(B) of such Act (29 U.S.C. 1132(a)(1)(B)). (B) Rules of construction.--In applying such subsections pursuant to subparagraph (A)-- (i) any reference to a ``participant'' or ``beneficiary'' shall be deemed a reference to the aggrieved individual referred to in paragraph (1); (ii) any reference to an ``employee benefit plan'' shall be deemed a reference to an insurer (as defined in section (2)(A)); (iii) any reference to the Secretary of Labor or the Secretary of the Treasury shall be deemed a reference to the Secretary of Health and Human Services; and (iv) any reference to title I of such Act shall be deemed a reference to sections 2 through 6 of this Act. SEC. 5. EFFECT ON STATE LAW. (a) In General.--Section 3 supersedes any provision of State law which is inconsistent with any provision of such section, in terms of providing less protection to individuals than is provided by such section, but only to the extent of such inconsistency. Nothing in section 3 shall be construed to-- (1) alter or relieve any insurer from the obligation to comply with any State law with respect to insurers, policies, and health benefit plans, except to the extent that such law is inconsistent with any provision of section 3, or (2) preclude a State from enacting any law or regulation that affords a greater level or broader range of protections to individuals under policies or health benefit plans. (b) Definitions.--For purposes of this section, the terms ``State'' and ``State law'' have the meanings provided such terms under section 514(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(c)). SEC. 6. REGULATIONS. The Secretary (in consultation with the Secretary of Labor) shall prescribe regulations to carry out the provisions of sections 2 through 5. SEC. 7. ERISA REQUIREMENTS FOR DISCLOSURE BY GROUP INSURANCE PLANS TO PARTICIPANTS AND BENEFICIARIES OF THEIR MEDICAL CONDITION LEARNED IN THE COURSE OF MEDICAL EXAMINATIONS REQUIRED FOR COVERAGE UNDER SUCH PLANS. (a) In General.--Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended-- (1) by redesignating section 111 (29 U.S.C. 1031) as section 112; and (2) by inserting after section 110 (29 U.S.C. 1030) the following new section: ``disclosure to participants and beneficiaries of results of medical examinations conducted by group insurance plans ``Sec. 111. (a) In General.--A group insurance plan, and any insurer offering a policy in connection with such plan, shall take such actions as are necessary to ensure that, in any case in which-- ``(1) a medical examination of a participant or beneficiary is required for initial or continued eligibility for benefits, and ``(2) such medical examination is conducted by a person who is in the employ of the plan or the insurer or whose services are procured otherwise by the plan or the insurer, such participant or beneficiary (or his or her legal guardian) is provided all medical information obtained from such examination at the same time that such information is made available to the plan or insurer and is encouraged to make such information available to his or her own physician. ``(b) Definitions.--For purposes of this section-- ``(1) Group insurance plan.--The term `group insurance plan' means an employee welfare benefit plan established and maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death, or unemployment. ``(2) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity, including endorsements or riders to an insurance policy or contract. ``(c) Effect on State Law.--This section supersedes any provision of State law which is inconsistent with any provision of this section, in terms of providing less protection to participants and beneficiaries than is provided by this section, but only to the extent of such inconsistency. Nothing in this section shall be construed to-- ``(1) alter or relieve any plan administrator from the obligation to comply with the laws of any State with respect to group insurance plans, except to the extent that such laws are inconsistent with any provision of this section, or ``(2) preclude a State from enacting any law or regulation that affords a greater level or broader range of protections to participants and beneficiaries under group insurance plans. ``(d) Expedited Consideration.--It shall be the duty of the Federal courts to advance on the docket and to expedite to the greatest possible extent the disposition of any action under section 502 for temporary or preliminary injunctive relief from violations of this section. ``(e) Regulations.--The Secretary (in consultation with the Secretary of Health and Human Services) shall prescribe regulations to carry out the provisions of this section.''. (b) Penalties at $100 a Day for Failure to Disclose.--Section 502(c)(1)(A) of such Act (29 U.S.C. 1132(c)(1)(A)) is amended by striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1), or section 111(a)''. (c) Conforming Amendment.--The table of contents in section 1 is amended by striking the item relating to section 111 and inserting the following new items: ``Sec. 111. Disclosure to participants and beneficiaries of results of medical examinations conducted by group insurance plans. ``Sec. 112. Repeal and effective date.''. SEC. 8. EFFECTIVE DATE. Sections 2, 3, 4, 5, and 6 shall apply with respect to any action taken on or after the date of the enactment of this Act. The amendments made by section 7 shall apply with respect to plan years beginning on or after such date.

Insurance Disclosure Act of 1997 - Requires insurers, if a medical exam (procured by the insurer) is required for initial or continued enrollment, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Deems the above requirements to be provisions of the Public Health Service Act for purposes of provisions relating to enforcement, preemption, State flexibility, and construction. Provides for a private cause of action, including applying certain civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Supersedes any State law providing less protection to individuals. (Sec. 7) Amends ERISA to require a group insurance plan, and any insurer offering a policy in connection with such plan, if a medical exam (procured by the insurer) is required for initial or continued eligibility for benefits, to: (1) provide the individual involved with all medical information obtained from the exam; and (2) encourage the individual to make the information available to the individual's physician. Supersedes any State law providing less protection to individuals. Makes an administrator who fails or refuses to comply liable to the individual for up to $100 per day. Allows other relief.

Insurance Disclosure Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Patient Empowerment Act''. SEC. 2. GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS. (a) In General.--Section 1802 of the Social Security Act (42 U.S.C. 1395a) is amended to read as follows: ``freedom of choice and contracting by patient guaranteed ``Sec. 1802. (a) Basic Freedom of Choice.--Any individual entitled to insurance benefits under this title may obtain health services from any institution, agency, or person qualified to participate under this title if such institution, agency, or person undertakes to provide that individual such services. ``(b) Freedom To Contract by Medicare Beneficiaries.-- ``(1) In general.--Subject to the provisions of this subsection, nothing in this title shall prohibit a Medicare beneficiary from entering into a contract with a participating or non-participating physician or practitioner for any item or service covered under this title. ``(2) Submission of claims.--Any Medicare beneficiary that enters into a contract under this section shall be permitted to submit a claim for payment under this title, and such payment shall be made in the amount that would otherwise apply under this title if such claim had been filed by a participating physician or practitioner (as defined in section 1842(i)(2)) in the payment area where the physician or practitioner covered by the contract resides. Payment made under this title for any item or service provided under the contract shall not render the physician a participating or non-participating physician, and as such, requirements of this title that may otherwise apply to a participating or non-participating physician would not apply with respect to any items or services furnished under the contract. ``(3) Beneficiary protections.-- ``(A) In general.--Paragraph (1) shall not apply to any contract unless-- ``(i) the contract is in writing, is signed by the Medicare beneficiary and the physician or practitioner, and establishes all terms of the contract (including specific payment for physicians' services covered by the contract) before any item or service is provided pursuant to the contract, and the beneficiary shall be held harmless for any subsequent payment charged for a service in excess of the amount established under the contract during the period the contract is in effect; ``(ii) the contract contains the items described in subparagraph (B); and ``(iii) the contract is not entered into at a time when the Medicare beneficiary is facing an emergency medical condition or urgent health care situation. ``(B) Items required to be included in contract.-- Any contract to provide items and services to which paragraph (1) applies shall clearly indicate to the Medicare beneficiary that by signing such contract the beneficiary-- ``(i) agrees to be responsible for payment to such physician or practitioner for such items or services under the terms of and amounts established under the contract; ``(ii) agrees to be responsible for submitting claims under this title to the Secretary, and to any other supplemental insurance plan that may provide supplemental insurance, for such items or services furnished under the contract if such items or services are covered by this title, unless otherwise provided in the contract under subparagraph (C)(i); and ``(iii) acknowledges that no limits or other payment incentives that may otherwise apply under this title (such as the limits under subsection (g) of section 1848 or incentives under subsection (a)(5), (m), (q), and (p) of such section) shall apply to amounts that may be charged, or paid to a beneficiary for, such items or services. Such contract shall also clearly indicate whether the physician or practitioner is excluded from participation under the Medicare program under section 1128. ``(C) Beneficiary elections under the contract.-- Any Medicare beneficiary that enters into a contract under this section may elect to negotiate, as a term of the contract, a provision under which-- ``(i) the physician or practitioner shall file claims on behalf of the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract if such items or services are covered under this title or under the plan; and ``(ii) the beneficiary assigns payment to the physician for any claims filed by, or on behalf of, the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract. ``(D) Exclusion of dual eligible individuals.-- Paragraph (1) shall not apply to any contract if a beneficiary who is eligible for medical assistance under title XIX is a party to the contract. ``(4) Limitation on actual charge and claim submission requirement not applicable.--Section 1848(g) shall not apply with respect to any item or service provided to a Medicare beneficiary under a contract described in paragraph (1). ``(5) Construction.--Nothing in this section shall be construed to prohibit any physician or practitioner from maintaining an election and acting as a participating or non- participating physician or practitioner with respect to any patient not covered under a contract established under this section. ``(6) Definitions.--In this subsection: ``(A) Medicare beneficiary.--The term `Medicare beneficiary' means an individual who is entitled to benefits under part A or enrolled under part B. ``(B) Physician.--The term `physician' has the meaning given such term by paragraphs (1), (2), (3), and (4) of section 1861(r). ``(C) Practitioner.--The term `practitioner' means a practitioner described in section 1842(b)(18)(C). ``(D) Emergency medical condition.--The term `emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, with an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in-- ``(i) serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of the woman or her unborn child; ``(ii) serious impairment to bodily functions; or ``(iii) serious dysfunction of any bodily organ or part. ``(E) Urgent health care situation.--The term `urgent health care situation' means services furnished to an individual who requires services to be furnished within 12 hours in order to avoid the likely onset of an emergency medical condition.''. SEC. 3. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR PHYSICIAN AND PRACTITIONER SERVICES. (a) In General.--No State may impose a limit on the amount of charges for services, furnished by a physician or practitioner, for which payment is made under section 1848 of the Social Security Act (42 U.S.C. 1395w-4), and any such limit is hereby preempted. (b) State.--In this section, the term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.

Medicare Patient Empowerment Act - Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with a non-participating (as well as with a participating) physician or practitioner for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply if the claim had been filed by a participating physician or practitioner in the payment area where the physician or practitioner covered by the contract resides. Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the physician or practitioner for a Medicare-covered item or service; and (2) submit (in lieu of the physician or practitioner) a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the physician or practitioner to file such claims on the beneficiary's behalf. Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made.

A bill to amend title XVIII of the Social Security Act to establish a Medicare payment option for patients and physicians or practitioners to freely contract, without penalty, for Medicare fee-for-service items and services, while allowing Medicare beneficiaries to use their Medicare benefits.

to provide for annexing the Hawaiian Islands to the United States of July 7, 1898 (30 Stat. 750), and which were later transferred to the State of Hawaii in the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 4). (4) Indigenous, native people.--The term ``indigenous, native people'' means the lineal descendants of the aboriginal, indigenous, native people of the United States. (5) Interagency coordinating group.--The term ``Interagency Coordinating Group'' means the Native Hawaiian Interagency Coordinating Group established under section 5. (6) Native hawaiian.-- (A) Prior to the recognition by the United States of the Native Hawaiian governing entity, the term ``Native Hawaiian'' means the indigenous, native people of Hawaii who are the direct lineal descendants of the aboriginal, indigenous, native people who resided in the islands that now comprise the State of Hawaii on or before January 1, 1893, and who occupied and exercised sovereignty in the Hawaiian archipelago, including the area that now constitutes the State of Hawaii, and includes all Native Hawaiians who were eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) and their lineal descendants. (B) Following the recognition by the United States of the Native Hawaiian governing entity, the term ``Native Hawaiian'' shall have the meaning given to such term in the organic governing documents of the Native Hawaiian governing entity. (7) Native hawaiian governing entity.--The term ``Native Hawaiian governing entity'' means the governing entity organized by the Native Hawaiian people. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. UNITED STATES POLICY AND PURPOSE. (a) Policy.--The United States reaffirms that-- (1) Native Hawaiians are a unique and distinct, indigenous, native people, with whom the United States has a political and legal relationship; (2) the United States has a special trust relationship to promote the welfare of Native Hawaiians; (3) Congress possesses the authority under the Constitution to enact legislation to address the conditions of Native Hawaiians and has exercised this authority through the enactment of-- (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42); (B) the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'', approved March 18, 1959 (Public Law 86-3; 73 Stat. 4); and (C) more than 150 other Federal laws addressing the conditions of Native Hawaiians; (4) Native Hawaiians have-- (A) an inherent right to autonomy in their internal affairs; (B) an inherent right of self-determination and self-governance; and (C) the right to reorganize a Native Hawaiian governing entity; and (5) the United States shall continue to engage in a process of reconciliation and political relations with the Native Hawaiian people. (b) Purpose.--It is the intent of Congress that the purpose of this Act is to provide a process for the recognition by the United States of a Native Hawaiian governing entity for purposes of continuing a government-to-government relationship. SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS. (a) In General.--There is established within the Office of the Secretary the United States Office for Native Hawaiian Relations. (b) Duties of the Office.--The United States Office for Native Hawaiian Relations shall-- (1) effectuate and coordinate the trust relationship between the Native Hawaiian people and the United States, and upon the recognition of the Native Hawaiian governing entity by the United States, between the Native Hawaiian governing entity and the United States through the Secretary, and with all other Federal agencies; (2) continue the process of reconciliation with the Native Hawaiian people, and upon the recognition of the Native Hawaiian governing entity by the United States, continue the process of reconciliation with the Native Hawaiian governing entity; (3) fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian governing entity by providing timely notice to, and consulting with the Native Hawaiian people and the Native Hawaiian governing entity prior to taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands; (4) consult with the Interagency Coordinating Group, other Federal agencies, and with relevant agencies of the State of Hawaii on policies, practices, and proposed actions affecting Native Hawaiian resources, rights, or lands; and (5) prepare and submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives an annual report detailing the activities of the Interagency Coordinating Group that are undertaken with respect to the continuing process of reconciliation and to effect meaningful consultation with the Native Hawaiian governing entity and providing recommendations for any necessary changes to existing Federal statutes or regulations promulgated under the authority of Federal law. SEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP. (a) Establishment.--In recognition of the fact that Federal programs authorized to address the conditions of Native Hawaiians are largely administered by Federal agencies other than the Department of the Interior, there is established an interagency coordinating group to be known as the ``Native Hawaiian Interagency Coordinating Group''. (b) Composition.--The Interagency Coordinating Group shall be composed of officials, to be designated by the President, from-- (1) each Federal agency that administers Native Hawaiian programs, establishes or implements policies that affect Native Hawaiians, or whose actions may significantly or uniquely impact on Native Hawaiian resources, rights, or lands; and (2) the United States Office for Native Hawaiian Relations established under section 4. (c) Lead Agency.--The Department of the Interior shall serve as the lead agency of the Interagency Coordinating Group, and meetings of the Interagency Coordinating Group shall be convened by the lead agency. (d) Duties.--The responsibilities of the Interagency Coordinating Group shall be-- (1) the coordination of Federal programs and policies that affect Native Hawaiians or actions by any agency or agencies of the Federal Government which may significantly or uniquely impact on Native Hawaiian resources, rights, or lands; (2) to assure that each Federal agency develops a policy on consultation with the Native Hawaiian people, and upon recognition of the Native Hawaiian governing entity by the United States, consultation with the Native Hawaiian governing entity; and (3) to assure the participation of each Federal agency in the development of the report to Congress authorized in section 4(b)(5). SEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING ENTITY. (a) Recognition of the Native Hawaiian Governing Entity.--The right of the Native Hawaiian people to organize for their common welfare and to adopt appropriate organic governing documents is hereby recognized by the United States. (b) Process for Recognition.-- (1) Submittal of organic governing documents.--Following the organization of the Native Hawaiian governing entity, the adoption of organic governing documents, and the election of officers of the Native Hawaiian governing entity, the duly elected officers of the Native Hawaiian governing entity shall submit the organic governing documents of the Native Hawaiian governing entity to the Secretary. (2) Certifications.-- (A) In general.--Within 90 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the organic governing documents-- (i) establish the criteria for citizenship in the Native Hawaiian governing entity; (ii) were adopted by a majority vote of the citizens of the Native Hawaiian governing entity; (iii) provide for the exercise of governmental authorities by the Native Hawaiian governing entity; (iv) provide for the Native Hawaiian governing entity to negotiate with Federal, State, and local governments, and other entities; (v) prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the Native Hawaiian governing entity without the consent of the Native Hawaiian governing entity; (vi) provide for the protection of the civil rights of the citizens of the Native Hawaiian governing entity and all persons subject to the authority of the Native Hawaiian governing entity, and ensure that the Native Hawaiian governing entity exercises its authority consistent with the requirements of section 202 of the Act of April 11, 1968 (25 U.S.C. 1302); and (vii) are consistent with applicable Federal law and the special trust relationship between the United States and the indigenous native people of the United States. (B) By the secretary.--Within 90 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the State of Hawaii supports the recognition of the Native Hawaiian governing entity by the United States as evidenced by a resolution or act of the Hawaii State legislature. (C) Resubmission in case of noncompliance.-- (i) Resubmission by the secretary.--If the Secretary determines that the organic governing documents do not address the criteria described in subparagraph (A) or that the organic governing documents, or any part thereof, are not consistent with other applicable Federal law, the Secretary shall resubmit the organic governing documents to the duly elected officers of the Native Hawaiian governing entity along with a justification for each of the Secretary's findings as to why the provisions are not consistent with such law. (ii) Amendment and resubmission by the native hawaiian governing entity.--If the organic governing documents are resubmitted to the duly elected officers of the Native Hawaiian governing entity by the Secretary under clause (i), the duly elected officers of the Native Hawaiian governing entity shall-- (I) amend the organic governing documents to ensure that the documents comply with applicable Federal law and address the criteria described in subparagraph (A); and (II) resubmit the amended organic governing documents to the Secretary for certification in accordance with the requirements of this paragraph. (D) Certifications deemed made.--The certifications authorized in subparagraph (A) shall be deemed to have been made if the Secretary has not acted within 90 days of the date that the duly elected officers of the Native Hawaiian governing entity have submitted the organic governing documents of the Native Hawaiian governing entity to the Secretary. (3) Federal recognition.--Notwithstanding any other provision of law, upon the election of the officers of the Native Hawaiian governing entity and the certifications by the Secretary required under paragraph (2), the United States hereby extends Federal recognition to the Native Hawaiian governing entity as the representative governing body of the Native Hawaiian people. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the activities authorized in this Act. SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; NEGOTIATIONS. (a) Reaffirmation.--The delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5) is hereby reaffirmed. (b) Negotiations.--Upon the Federal recognition of the Native Hawaiian governing entity by the United States, the United States is authorized to negotiate and enter into an agreement with the State of Hawaii and the Native Hawaiian governing entity regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use to the Native Hawaiian governing entity. Nothing in this Act is intended to serve as a settlement of any claims against the United States. SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. (a) Indian Gaming Regulatory Act.--Nothing contained in this Act shall be construed as an authorization for the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). (b) Bureau of Indian Affairs.--Nothing contained in this Act shall be construed as an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs for any persons not otherwise eligible for such programs or services. SEC. 10. SEVERABILITY. In the event that any section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections or provisions of this Act shall continue in full force and effect.

Establishes the United States Office for Native Hawaiian Relations within the Office of the Secretary of the Interior.(Sec. 5) Establishes the Native Hawaiian Interagency Coordinating Group to: (1) coordinate Federal programs and policies or actions that may significantly or uniquely affect Native Hawaiian resources, rights, or lands; (2) assure that each Federal agency develops a policy on consultation with Native Hawaiians; and (3) assure the participation of such agencies in the development of an annual report to Congress.(Sec. 6) Recognizes the right of the Native Hawaiian people to adopt organic governing documents, to be submitted to the Secretary. Requires the Secretary to certify that: (1) such documents meet specified certifications; and (2) the State of Hawaii supports the recognition of such Native Hawaiian government as evidenced by a resolution or act of the Hawaiian State legislature. Extends Federal recognition to such government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary.(Sec. 7) Authorizes appropriations.(Sec. 8) Reaffirms the delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii. Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with the State and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.

To express the policy of the United States regarding the United States' relationship with Native Hawaiians, to provide a process for the reorganization of a Native Hawaiian government and the recognition by the United States of the Native Hawaiian government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Interest Checking Act of 2001''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is amended to read as follows: ``(i) [Repealed]''. (2) Home owners' loan act.--The first sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended to read as follows: ``(g) [Repealed]''. (b) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 3. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(3) Exception from paragraph (2) limitation.--Paragraph (2) shall not apply to any depository institution which is prohibited by the applicable law of its chartering State from offering demand deposits and either-- ``(A) does not engage in any lending activities; or ``(B) is not an affiliate of any company or companies with assets that, in the aggregate, represent more than 10 percent of the total assets of the depository institution.''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2) to make up to 24 transfers per month (or such greater number as the Board may determine by rule or order), for any purpose, to another account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act for purposes of such Act).''. SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(B), in a Federal reserve bank by any such entity on behalf of depository institutions.''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Survey of Bank Fees and Services.--Section 19 of the Federal Reserve Act (as amended by subsections (a) and (b) of this section) is amended by adding at the end the following new subsection: ``(n) Survey of Bank Fees and Services.-- ``(1) Annual survey required.--The Board shall obtain annually a sample, which is representative by type and size of the institution and geographic location, of the following retail banking services and products provided by insured depository institutions and insured credit unions (along with related fees and minimum balances): ``(A) Checking and other transaction accounts. ``(B) Negotiable order of withdrawal and savings accounts. ``(C) Automated teller machine transactions. ``(D) Other electronic transactions. ``(E) Credit Cards. ``(2) Minimum survey requirement.--The annual survey described in paragraph (1) shall meet the following minimum requirements: ``(A) Checking and other transaction accounts.-- Data on checking and transaction accounts shall include, at a minimum, the following: ``(i) Monthly and annual fees and minimum balances to avoid such fees. ``(ii) Minimum opening balances. ``(iii) Check processing fees. ``(iv) Check printing fees. ``(v) Balance inquiry fees. ``(vi) Fees imposed for using a teller or other institution employee. ``(vii) Stop payment order fees. ``(viii) Nonsufficient fund fees. ``(ix) Overdraft fees. ``(x) Deposit items returned fees. ``(xi) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(B) Negotiable order of withdrawal accounts and savings accounts.--Data on negotiable order of withdrawal accounts and savings accounts shall include, at a minimum, the following: ``(i) Monthly and annual fees and minimum balances to avoid such fees. ``(ii) Minimum opening balances. ``(iii) Rate at which interest is paid to consumers. ``(iv) Check processing fees for negotiable order of withdrawal accounts. ``(v) Check printing fees for negotiable order of withdrawal accounts. ``(vi) Balance inquiry fees. ``(vii) Fees imposed for using a teller or other institution employee. ``(viii) Stop payment order fees for negotiable order of withdrawal accounts. ``(ix) Nonsufficient fund fees for negotiable order of withdrawal accounts. ``(x) Overdraft fees for negotiable order of withdrawal accounts. ``(xi) Deposit items returned fees. ``(xii) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(C) Automated teller transactions.--Data on automated teller machine transactions shall include, at a minimum, the following: ``(i) Annual and monthly fees. ``(ii) Card fees. ``(iii) Fees charged to customers for withdrawals, deposits, transfers between accounts, balance inquiries through institution-owned machines. ``(iv) Fees charged to customers for withdrawals, deposits, transfers between accounts, balance inquiries through machines owned by others. ``(v) Fees charged to noncustomers for withdrawals, deposits, transfers between accounts, balance inquiries through institution-owned machines. ``(vi) Point-of-sale transaction fees. ``(vii) Surcharges. ``(D) Other electronic transactions.--Data on other electronic transactions shall include, at a minimum, the following: ``(i) Wire transfer fees. ``(ii) Fees related to payments made over the Internet or through other electronic means. ``(E) Credit card charges and fees.--Data related to credit cards shall include, at a minimum, the following: ``(i) Application fees. ``(ii) Annual and monthly fees. ``(iii) Rates of interest charged for purchases and cash advances, when an account is not in default. ``(iv) Rates of interest charged for purchases and cash advances, when an account is in default. ``(v) Average annual finance charges paid by customers. ``(vi) Late payment fees. ``(vii) Cash advance and convenience check fees. ``(viii) Balance transfer fees. ``(ix) Over-the-credit-limit fees. ``(x) Foreign currency conversion fees. ``(F) Other fees and charges.--Data on any other fees and charges that the Board determines to be appropriate to meet the purposes of this section. ``(3) Annual Report to Congress Required.-- ``(A) Preparation.--The Board shall prepare a report of the results of each survey conducted pursuant to paragraph (1) and (2). ``(B) Contents of the report.--In addition to the data required to be collected pursuant to paragraphs (1) and (2), each report prepared pursuant to subparagraph (A) shall include a description of any discernible trend, in the Nation as a whole, in each of the 50 States, and in each metropolitan statistical area (as defined by the Director of the Office of Management and Budget), in the cost and availability of the retail banking services, including those described in paragraphs (1) and (2) (including related fees and minimum balances), that delineates differences between institutions on the basis of the type of institution, the size of the institution and any engagement of the institution in multistate activity. ``(C) Submission to congress.--The Board shall submit an annual report to the Congress under this paragraph not later than June 1, 2002, and not later than June 1 of each subsequent year. ``(4) Definitions.--For purposes of this subsection, the terms `insured depository institution' and `insured credit union' mean any depository institution (as defined in subsection (b)(1)(A)) the deposits or shares in which are insured under the Federal Deposit Insurance Act or the Federal Credit Union Act.''. (d) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(2)(A)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 6. TRANSFER OF FEDERAL RESERVE SURPLUSES. (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover interest payments for fiscal years 2002 through 2006.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to subsection (a)(3), the Federal reserve banks shall transfer from such surplus funds to the Board of Governors of the Federal Reserve System for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12), as estimated by the Office of Management and Budget, in each of the fiscal years 2002 through 2006. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2002 through 2006, the Board of Governors of the Federal Reserve System shall determine the amount each such bank shall pay in such fiscal year. ``(C) Replenishment of surplus fund prohibited.-- During fiscal years 2002 through 2006, no Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under subparagraph (A).''. (b) Technical and Conforming Amendment.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following new paragraph: ``(3) Payment to treasury.--During fiscal years 2002 through 2006, any amount in the surplus fund of any Federal reserve bank in excess of the amount equal to 3 percent of the paid-in capital and surplus of the member banks of such bank shall be transferred to the Secretary of the Treasury for deposit in the general fund of the Treasury.''. SEC. 7. RULE OF CONSTRUCTION. No provision of this Act, or any amendment made by this Act, shall be construed as creating any presumption or implication that, in the case of an escrow account maintained at a depository institution in connection with a real estate transaction-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking function with respect to such escrow account; (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in paragraph (1) or (2), may be treated as the payment or receipt of interest for purposes of any provision of Public Law 93-100, the Federal Reserve Act, the Home Owners' Loan Act, or the Federal Deposit Insurance Act relating to the payment of interest on accounts or deposits at depository institutions. Passed the House of Representatives April 3, 2001. Attest: JEFF TRANDAHL, Clerk.

Small Business Interest Checking Act of 2001- Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the proscription against payment of interest on demand deposits.Authorizes certain depository institutions prohibited by State law from offering demand deposits to offer all owners of a interest- or dividend-paying deposit or account to make withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties. Requires that such an institution either: (1) not engage in lending activities; or (2) not be an affiliate of a company or companies whose aggregate assets represent over ten percent of the institution's total assets.Amends Federal banking law governing interaccount transfers to provide that a depository institution may permit owners of certain interest- or dividend-paying accounts to make up to 24 transfers monthly for any purpose to their other accounts in the same institution.Amends the Federal Reserve Act to authorize a Federal reserve bank to pay interest at least quarterly (at a rate not to exceed the general level of short term interest rates) to a depository institution on any balance it maintains at the reserve bank.Repeals a specified restriction in order to authorize pass-through reserves for member banks (as well as non-member banks).Instructs the Board of Governors of the Federal Reserve System to obtain annually a prescribed survey of designated retail bank fees and services (including electronic and credit card fees), and report the results annually to Congress.Reformulates the mandatory depository institution reserve ratio to: (1) one that is not greater than three percent, and may be zero, (currently, a flat ratio of three percent) for transaction accounts of $25 million or less; and (2) reduce from eight percent to zero the minimum ratio for transaction accounts exceeding $25 million. (Thus authorizes zero reserve requirements for such accounts.)Requires the Federal Reserve banks to transfer certain surplus funds for deposit into the general fund of the Treasury equal to the estimated net cost of making the quarterly payments of interest mandated by this Act for FY 2002 through 2006.Prohibits such banks from replenishing surplus funds by the amount of any such transfers during that time period.

To repeal the prohibition on the payment of interest on demand deposits, to increase the number of interaccount transfers which may be made from business accounts at depository institutions, to authorize the Board of Governors of the Federal Reserve System to pay interest on reserves, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Domestic Violence Screening and Treatment Act of 2002''. (b) Findings.--Congress finds the following: (1) Nearly one-third of American women (31 percent) report being physically or sexually abused by a husband or boyfriend at some point in their lives, and about 1200 women are murdered every year by their intimate partner, nearly 3 each day. (2) 85 percent of violent victimizations are experienced by women. (3) 37 percent of all women who sought care in hospital emergency rooms for violence-related injuries were injured by a current or former spouse, boyfriend, or girlfriend. (4) In addition to injuries sustained during violent episodes, physical and psychological abuse are linked to a number of adverse physical health effects including arthritis, chronic neck or back pain, migraine and other frequent headaches, stammering, problems with vision, and sexually transmitted infections, including HIV/AIDS. (5) Medical services for abused women cost an estimated $857.3 million every year. (6) Each year, at least six percent of all pregnant women, about 240,000 pregnant women, in this country are battered by the men in their lives. This battering leads to complications of pregnancy, including low weight gain, anemia, infections, and first and second trimester bleeding. (7) Pregnant and recently pregnant women are more likely to be victims of homicide than to die of any other cause, and evidence exists that a significant proportion of all female homicide victims are killed by their intimate partners. (8) Children who witness domestic violence are more likely to exhibit behavioral and physical health problems including depression, anxiety, and violence towards peers. They are also more likely to attempt suicide, abuse drugs and alcohol, run away from home, engage in teenage prostitution, and commit sexual assault crimes. (9) Fifty percent of men who frequently assault their wives frequently assault their children. The U.S. Advisory Board on Child Abuse and Neglect suggests that domestic violence may be the single major precursor to child abuse and neglect fatalities in this country. (10) Currently, about 10 percent of primary care physicians routinely screen for intimate partner abuse during new patient visits and nine percent routinely screen during periodic checkups. (11) Recent clinical studies have proven the effectiveness of a 2-minute screening for early detection of abuse of pregnant women. Additional longitudinal studies have tested a 10-minute intervention that was proven highly effective in increasing the safety of pregnant abused women. Comparable research does not yet exist to support the effectiveness of screening men. (12) 70 to 81 percent of the patients studied reported that they would like their healthcare providers to ask them privately about intimate partner violence. SEC. 2. COVERAGE OF DOMESTIC VIOLENCE SCREENING AND TREATMENT UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)(26), by striking ``and'' at the end; (2) by redesignating paragraph (27) of subsection (a) as paragraph (28); and (3) by inserting after paragraph (26) of subsection (a) the following new paragraph: ``(27) domestic violence screening and treatment services (as defined in subsection (x));''; and (4) by adding at the end the following new subsection: ``(x) The term `domestic violence screening and treatment services' means the following services (as specified under the State plan) furnished by an attending health care provider (or, in the case of services described in paragraph (3), under arrangements between the provider and domestic violence experts) to women 18 years of age or older: ``(1) Routine verbal screening for domestic violence by a provider if the provider has not previously screened the patient or if the patient has been screened but the patient indicates that she is in a new relationship regardless of whether there are any clinical indicators or suspicion of abuse. ``(2) Danger assessment for women who positively identify for domestic violence, including an immediate safety assessment, an initial risk assessment, and follow-up risk assessments during subsequent visits. ``(3) Treatment relating to domestic violence, including the following: ``(A) Safety education to assist the patient in developing a plan to promote her safety and well-being, such as keeping an emergency kit, talking to someone, and arranging for a place to stay, and appropriate follow up. ``(B) Health education which provides written and verbal information about domestic violence, its impact on health, options for services, and any necessary follow up. ``(C) Psycho-social and counseling services that include an initial assessment, development of a plan of care, individual or group counseling (as needed), and follow-up assessment, treatment, or intervention. ``(D) Documentation of screening, assessment, treatment, referrals, injuries, and illnesses related to domestic violence and who inflicted them, using appropriate diagnostic codes and absolute confidentiality (except as required by applicable State law). ``(4) Referral and case coordination for additional services, including services from domestic violence programs, community agencies, and judicial and other systems.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after such date. SEC. 3. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) A contract may not be made or a plan approved which does not include coverage for domestic violence screening and treatment services. ``(2) For purposes of this subsection, the term `domestic violence screening and treatment services' has the meaning given such term in section 1905(x) of the Social Security Act.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts made, and plans approved, after the end of the 6- month period beginning on the date of the enactment of this Act. SEC. 4. MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. (a) Requirement for Portion of Expenditures on Domestic Violence Screening and Treatment.--Section 505(a)(5) of the Social Security Act (42 U.S.C. 705(a)(5)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by inserting after subparagraph (F) the following new subparagraph: ``(G) the State will set aside a reasonable portion (based upon the State's previous use of funds under this title) of the funds provided for domestic violence screening and treatment services (as defined in section 1902(x)).''. (b) Preference in Certain Funding.--Section 502(b)(2) of such Act (42 U.S.C. 702(b)(2)) is amended by adding at the end the following new subparagraph: ``(C) Of the amounts retained for projects described in subparagraphs (A) through (F) of section 501(a)(3), the Secretary shall provide preference to qualified applicants which demonstrate that the activities to be carried out with such amounts includes training of providers in how to screen for, and treat, domestic violence and training that includes-- ``(i) identifying victims of domestic violence and maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries; ``(ii) examining and treating such victims, within the scope of the health professional's discipline, training, and practice (including medical advice regarding the dynamics and nature of domestic violence); ``(iii) assessing the immediate and short-term safety of the victim and assisting the victim in developing a plan to promote his or her safety; and ``(iv) referring the victim to public and private nonprofit private entities that provide services for such victims.''. (c) Reporting Data.--Section 506(a)(2) of such Act (42 U.S.C. 706(a)(2)) is amended by adding at the end the following new subparagraph: ``(F) Information on how funds provided under this title are used to screen for and treat domestic violence.''. (d) Separate Program for Domestic Violence Screening and Treatment.--Title V of such Act is amended by adding at the end the following new section: ``separate program for domestic violence screening and treatment ``Sec. 511. (a) For the purpose described in subsection (b), the Secretary shall, for fiscal year 2003 and each subsequent fiscal year, allot to each State which has transmitted an application for the fiscal year under section 505(a) an amount equal to the product of ``(1) the amount appropriated in subsection (d) for the fiscal year; and ``(2) the percentage determined for the State under section 502(c)(1)(B)(ii). ``(b) The purpose of an allotment under subsection (a) to a State is to enable the State to provide for domestic violence screening and treatment, including the provision of domestic violence screening and treatment services (as defined in section 1905(x)), increasing the number of women screened, assessed, treated, and referred and including training of health care providers on how to identify and respond to victims of domestic violence. ``(c)(1) Sections 503, 507, and 508 apply to allotments under subsection (a) to the same extent and in the same manner as such sections apply to allotments under section 502(c). ``(2) Sections 505 and 506 apply to allotments under subsection (a) to the extent determined by the Secretary to be appropriate. ``(d) For the purpose of allotments under subsection (a), there is authorized to be appropriated for each fiscal year, beginning with fiscal year 2003, such sums as may be necessary.''. (e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to fiscal years beginning after the date of the enactment of this Act and the amendment made by subsection (c) shall apply to annual reports submitted for such fiscal years.

Domestic Violence Screening and Treatment Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require that health benefits provided include coverage of domestic violence screening and treatment.Amends Federal civil service law to require the Office of Personal Management to require all contracted carriers of health coverage for Federal employees to include coverage for domestic violence screening and treatment services.Amends SSA title V (Maternal and Child Health Services) to require States to set aside a reasonable portion of maternal and child health services block grant funds to provide for domestic violence screening and treatment services. Authorizes the Secretary of Health and Human Services, with respect to such funds retained for certain projects, to provide preference to State applicants who include training of providers in how to screen for, and treat, domestic violence.Requires the Secretary to allot funds to States to provide for a separate program for domestic violence screening and treatment.

To amend titles V and XIX of the Social Security Act and chapter 89 of title 5, United States Code, to provide coverage for domestic violence screening and treatment under the maternal and child health block grant program, the Medicaid Program, and the Federal employees health benefits program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Just One Act of 2013''. SEC. 2. TREATMENT OF EMPLOYMENT ASSISTANCE VOUCHER PROGRAMS. (a) Use of Unemployment Fund for Employment Assistance Voucher Program.-- (1) State law.--Section 3304(a)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (F), by inserting ``and'' at the end of subparagraph (G), and by adding at the end the following new subparagraph: ``(H) during the 120-day period beginning on the date of the enactment of the Hire Just One Act of 2013, amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v));''. (2) Permissible expenditures.--Section 3306(f) of such Code is amended-- (A) by striking ``and'' at the end of paragraph (5), (B) by redesignating the paragraph relating to the self-employment assistance program as paragraph (6) and striking the period at the end of such paragraph and inserting ``; and'', and (C) by adding at the end the following new paragraph: ``(7) during the 120-day period beginning on the date of the enactment of the Hire Just One Act of 2013, amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in subsection (v)).''. (b) Employment Assistance Voucher Program Defined.--Section 3306 of such Code is amended by adding at the end the following new subsection: ``(v) Employment Assistance Voucher Program.--For the purposes of this chapter-- ``(1) In general.--The term `employment assistance voucher program' means a program under which-- ``(A) an eligible individual is issued an employment assistance voucher, ``(B) upon employment with an employer described in paragraph (5)-- ``(i) the eligible individual transfers the employment assistance voucher to the employer, ``(ii) the individual ceases to receive unemployment compensation and is paid wages by the employer, and ``(iii) the employer receives payments upon presenting the voucher to the State, and ``(C) the program meets such other requirements as the Secretary of Labor determines to be appropriate. ``(2) Rules relating to unemployed individuals.--For purposes of paragraph (1)-- ``(A) Compensation.--Compensation pursuant to paragraph (1)(B)(ii) shall-- ``(i) not be less than 200 percent of the unemployment compensation otherwise payable to the individual on the date of the individual's employment under the employment assistance voucher program, ``(ii) not be less than the minimum wage (as specified in section 6 of the Fair Labor Standards Act of 1938), ``(iii) be payable for a period not to exceed the maximum number of remaining weeks of unemployment compensation (including supplemental and emergency) to which the employee would be entitled (but for participating in the employment assistance voucher program), determined as of the date of employment. ``(B) Termination of employment.--If, before the end of the period referred to in subparagraph (A)(iii), an individual's employment with an employer under the employment assistance voucher program is terminated for reasons other than cause, the individual is entitled to the remaining period of entitlement referred to in subparagraph (A)(iii) less the number of weeks of such employment. ``(C) Certain requirements not to apply.--State requirements relating to availability for work, active search for work, and refusal to accept work are not applicable to individuals participating in the employment assistance voucher program. ``(3) Employment assistance voucher.--The term `employment assistance voucher' means a voucher-- ``(A) obtained by an eligible individual pursuant to the State law, ``(B) payable to the employer of the eligible individual-- ``(i) at a rate determined under State law but not to exceed 90 percent of the amount of unemployment compensation to which the eligible individual is entitled, and ``(ii) on the same schedule as unemployment compensation would be payable to the individual but for employment under the employment assistance voucher program. ``(4) Eligible individual.--The term `eligible individual' means an individual who-- ``(A) is eligible to receive regular unemployment compensation under the State law, extended unemployment, or emergency unemployment or would be eligible to receive such compensation except for the requirements described in paragraph (1)(B), ``(B) is identified pursuant to a State worker profiling system as an individual likely to exhaust regular unemployment compensation, ``(C) immediately prior to employment by the eligible employer, was unemployed for not less than 6 months, and ``(D) is employed by an eligible employer. ``(5) Eligible employer.--The term `eligible employer' means an employer who agrees to the terms and conditions of employment under the unemployment assistance voucher program and who is approved by the State agency. ``(6) Treatment of participating individuals under federal and state law.--Individuals participating in an unemployment assistance voucher program shall be treated as unemployed for the purposes of Federal and State laws applicable to unemployment compensation, except that wages paid to the employee under such program shall be subject to Federal and State taxation to the same extent and in the same manner as wages generally. ``(7) Cost limiter.--A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the program does not result in any cost to the Unemployment Trust Fund (established by section 904(a) of the Social Security Act) in excess of the cost that would be incurred by such State and charged to such Fund, or to any Federal funds in the system if the State had not participated in such program. ``(8) Prevention of employment termination to participate in program.--A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the State has in effect measures to prevent employers from terminating employment for purposes of participating in the employment assistance voucher program. ``(9) Prevention in terminating employees during program.-- A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the State has in effect measures to recoup payments made to an employer under the program if the employer has terminated from employment more employees during the 120-day period referred to in section 3304(a)(4)(H) than the employer has hired under the program.''. (c) Conforming Amendment.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``; and'' and inserting ``: Provided further, That amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v) of the Internal Revenue Code of 1986); and''. (d) State Reports.--Any State operating an employment assistance voucher program approved by the Secretary of Labor pursuant to section 3304(a)(4)(H) of the Internal Revenue Code of 1986 (as added by this section) shall report annually to the Secretary on the number of individuals who participate in the program, the operating costs of the program, compliance with program requirements, and any other relevant aspects of program operations requested by the Secretary. (e) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall submit a report to the Congress with respect to the operation of the employment assistance voucher program. Such report shall be based on the reports received from the States pursuant to subsection (d) and include such other information as the Secretary of Labor determines is appropriate. (f) Effective Date.--The provisions of this section and the amendments made by this section shall take effect on the date of the enactment of this Act.

Hire Just One Act of 2013 - Amends the Internal Revenue Code to allow states, for a 120-day period beginning on the enactment date of this Act, to implement an employment assistance voucher program, in lieu of paying unemployment compensation directly to employees, under which an eligible individual is issued an employment assistance voucher and is hired by a participating employer who receives a subsidy from the state for the wages paid to the employee. Defines an "eligible employee" as an individual who has been unemployed for at least six months, who is eligible for unemployment compensation, and who is likely to exhaust such compensation. Requires a state program issuing employment assistance vouchers to have in effect measures to recoup subsidies made to an employer if such employer has terminated more employees during the 120-day period than such employer has hired under the program.

Hire Just One Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Estate and Gift Tax Phase-Out Act of 1997''. SEC. 2. FINDINGS. Congress finds the following: (1) The economy of the United States cannot achieve strong, sustained growth without adequate levels of savings to fuel productive activity. Inadequate savings have been shown to lead to lower productivity, stagnating wages, and reduced standards of living. (2) Savings levels in the United States have steadily declined over the past 25 years, and have lagged behind the industrialized trading partners of the United States. (3) These anemic savings levels have contributed to the country's long-term downward trend in real economic growth, which averaged close to 3.5 percent over the last 100 years but has slowed to 2.4 percent over the past quarter century. (4) Repealing the estate and gift tax would contribute to the goals of expanding savings and investment, boosting entrepreneurial activity, and expanding economic growth. (5) Abolishing the estate tax would restore a measure of fairness to the Federal tax system. Families should be able to pass on the fruits of labor to the next generation without realizing a taxable event. SEC. 3. PHASE-OUT OF ESTATE AND GIFT TAXES THROUGH INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDIT. (a) Estate Tax Credit.-- (1) In general.--Section 2010(a) 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) Applicable credit amount.-- Section 2010 of such Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following: ``(c) Applicable Credit Amount.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount determined in accordance with the following table: ``In the case of estates of decedents The applicable dying, and gifts made, during: exclusion amount is: 1998............................... $1,000,000 1999............................... $1,500,000 2000............................... $2,000,000 2001............................... $2,500,000 2002............................... $5,000,000.''. (3) Conforming amendments.-- (A) Section 6018(a)(1) of such Code is amended by striking ``$600,000'' and inserting ``the applicable exclusion amount in effect under section 2010(c) for the calendar year which includes the date of death''. (B) Section 2001(c)(2) of such Code is amended by striking ``$21,040,000'' and inserting ``the amount at which the average tax rate under this section is 55 percent''. (C) Section 2102(c)(3)(A) of such Code is amended by striking ``$192,800'' and inserting ``the applicable credit amount in effect under section 2010(c) for the calendar year which includes the date of death''. (b) Unified Gift Tax Credit.--Section 2505(a)(1) of the Internal Revenue Code of 1986 (relating to unified credit against gift tax) 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, 1997. SEC. 4. REPEAL OF FEDERAL TRANSFER TAXES. (a) In General.--Subtitle B of the Internal Revenue Code of 1986 is repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 2002. (c) Technical and Conforming Changes.--The Secretary of the Treasury or the Secretary's delegate shall not later than 90 days after the effective date of this section, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act.

Estate and Gift Tax Phase-Out Act of 1997 - Amends the Internal Revenue Code to phase-out and repeal, effective January 1, 2003, the estate tax, gift tax, and the tax on generation-skipping transfers.

Estate and Gift Tax Phase-Out Act of 1997

SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring on or after the date of the enactment of this Act.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.

To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies and that such benefit shall be payable for such month only to the extent proportionate to the number of days in such month preceding the date of the recipient's death.

SECTION 1. PROTECTING OLDER, LONGER SERVICE PARTICIPANTS. (a) In General.--Paragraph (4) of section 401(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(4) Nondiscrimination.-- ``(A) In general.--A trust shall not constitute a qualified trust under this section unless the contributions or benefits provided under the plan do not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). For purposes of this paragraph, there shall be excluded from consideration employees described in section 410(b)(3) (A) and (C). ``(B) Protection of older, longer service participants.-- ``(i)(I) A defined benefit plan described in subclause (II) shall not fail to satisfy this paragraph with respect to plan benefits, rights, or features by reason of-- ``(aa) the composition of the closed class of participants described in subclause (II), or ``(bb) the benefits, rights, or features provided to such closed class. ``(II) A plan is described in this subclause if-- ``(aa) the plan provides benefits, rights, or features to a closed class of participants, ``(bb) such closed class and such benefits, rights, and features satisfy the requirements of subparagraph (A) (without regard to this clause) as of the date that the class was closed, and ``(cc) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment causes a plan to cease to be described in this subclause (II) by reason of subclause (II)(cc), the plan is nevertheless described in this subclause (II) if such plan satisfies this subclause (II) (without regard to subclause (II)(cc)) as of the effective date of such amendment. In such cases, subclause (II)(bb) and (cc) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the original date that the class was closed. ``(ii)(I) A defined contribution plan described in subclause (II) shall be permitted to be tested on a benefits basis. ``(II) A defined contribution plan is described in this subclause if-- ``(aa) the plan provides make-whole contributions to a closed class of participants whose defined benefit plan accruals have been reduced or eliminated, ``(bb) such closed class of participants satisfies section 410(b)(2)(A)(i) as of the date that the class of participants was closed, and ``(cc) after the date as of which the class was closed, any plan amendments that modify the closed class or the allocations, benefits, rights, and features provided to such closed class satisfy subparagraph (A) (without regard to this clause). If a plan amendment causes a plan to cease to be described in this subclause (II) by reason of subclause (II)(cc), the plan is nevertheless described in this subclause (II) if such plan satisfies this subclause (II) (without regard to subclause (II)(cc)) as of the effective date of such amendment. In such cases, subclause (II)(bb) and (cc) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the original date that the class was closed. ``(III) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of the portion of one or more defined contribution plans described in subclause (II) that provide make-whole contributions, such portion of such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that-- ``(aa) provides matching contributions (as defined in subsection (m)(4)(A)), or ``(bb) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). ``(C) Definitions.--For purposes of this paragraph-- ``(i) Make-whole contributions.--The term `make-whole contributions' means allocations for each employee in the class that are reasonably calculated, in a consistent manner, to replace some or all of the retirement benefits that the employee would have received under the defined benefit plan and any other plan or arrangement if the employee had continued to benefit at the same level under such defined benefit plan and such other plan or arrangement. ``(ii) References to closed class of participants.--References to a closed class of participants and similar references to a closed class shall include arrangements under which one or more classes of participants are closed. ``(D) Protecting grandfathered participants in defined benefit plans.-- ``(i) One or more defined benefit plans described in clause (ii) shall be permitted to be tested on a benefits basis with one or more defined contribution plans. ``(ii) A defined benefit plan is described in this clause if-- ``(I) the plan provides benefits to a closed class of participants, ``(II) the plan and such benefits satisfy the requirements of subparagraph (A) (without regard to this subparagraph) as of the date the class was closed, and ``(III) after the date as of which the class was closed, any plan amendments that modify the closed class or the benefits provided to such closed class satisfy subparagraph (A) (without regard to this subparagraph). If a plan amendment causes a plan to cease to be described in this clause (ii) by reason of subclause (III), the plan is nevertheless described in this clause (ii) if such plan satisfies this clause (ii) (without regard to subclause (III)) as of the effective date of such amendment. In such cases, subclauses (II) and (III) shall subsequently be applied by reference to the effective date of the plan amendment, rather than by reference to the original date that the class was closed. ``(iii) In addition to other testing methodologies otherwise applicable, for purposes of determining compliance with this paragraph and with section 410(b) of one or more defined benefit plans described in clause (ii), such plans may be aggregated and tested on a benefits basis with the portion of one or more defined contribution plans that-- ``(I) provides matching contributions (as defined in subsection (m)(4)(A)), or ``(II) consists of an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). For such purposes, matching contributions shall be treated in the same manner as employer contributions that are made without regard to whether an employee makes an elective contribution or employee contribution, including for purposes of applying the rules of subsection (l). ``(E) Rules.--The Secretary may prescribe rules designed to prevent abuse of the plan designs otherwise permitted by reason of subparagraphs (B) and (D). Such rules shall be directed towards abuses under which the defined benefit plan was established within a specified period prior to the date that-- ``(i) the class of participants described in subparagraphs (B)(i)(II)(aa), (B)(ii)(II)(aa), and (D)(ii)(I) is closed, or ``(ii) the defined benefit plan accruals have been reduced or eliminated, in the case of the make-whole contributions described in subparagraph (C). ``(F) Transition rules.--Within one year after the date of enactment of the Retirement Plan Simplification and Enhancement Act of 2013, the Secretary shall prescribe rules that facilitate the use of the provisions of subparagraphs (B) and (D) without regard to-- ``(i) whether the closing of the class of participants referred to in such subparagraphs occurred before or after such date of enactment, or ``(ii) plan amendments that were adopted or effective before such date of enactment and that would not have been necessary if subparagraphs (B) and (D) had been in effect.''. (b) Participation Requirements.--Paragraph (26) of section 401(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(I) Protected participants.--A plan described in this subparagraph shall be deemed to satisfy the requirements of subparagraph (A). A plan is described in this paragraph if-- ``(i) the plan is amended to-- ``(I) cease all benefit accruals, or ``(II) provide future benefit accruals only to a closed class of participants, and ``(ii) the plan satisfies subparagraph (A) (without regard to this subparagraph) as of the effective date of the amendment. The Secretary may prescribe such rules as are necessary or appropriate to fulfill the purposes of this subparagraph, including prevention of abuse of this subparagraph in the case of plans established within a specific period prior to the effective date of the amendment.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, without regard to whether any plan modifications referenced in such amendments are adopted or effective before, on, or after such date of enactment.

Amends the Internal Revenue Code, with respect to nondiscrimination requirements for tax-exempt employee pension, profit-sharing, and stock bonus plans, to include protections for older, longer service participants in such plans, including the grandfathering of such participants under defined benefit plans.

To amend the nondiscrimination provisions of the Internal Revenue Code of 1986 to protect older, longer service participants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors' Health Care Plan Protection Act of 2015''. SEC. 2. DELAY IN AUTHORITY TO TERMINATE CONTRACTS FOR MEDICARE ADVANTAGE PLANS FAILING TO ACHIEVE MINIMUM QUALITY RATINGS. (a) Findings.--Consistent with the studies provided under the IMPACT Act of 2014 (Public Law 113-185), it is the intent of Congress-- (1) to continue to study and request input on the effects of socioeconomic status and dual-eligible populations on the Medicare Advantage STARS rating system before reforming such system with the input of stakeholders; and (2) pending the results of such studies and input, to provide for a temporary delay in authority of the Centers for Medicare & Medicaid Services (CMS) to terminate Medicare Advantage plan contracts solely on the basis of performance of plans under the STARS rating system. (b) Delay in MA Contract Termination Authority for Plans Failing To Achieve Minimum Quality Ratings.--Section 1857(h) of the Social Security Act (42 U.S.C. 1395w-27(h)) is amended by adding at the end the following new paragraph: ``(3) Delay in contract termination authority for plans failing to achieve minimum quality rating.--The Secretary may not terminate a contract under this section with respect to the offering of an MA plan by a Medicare Advantage organization solely because the MA plan has failed to achieve a minimum quality rating under the 5-star rating system established under section 1853(o) during the period beginning on the date of the enactment of this paragraph and through the end of plan year 2018.''. SEC. 3. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM. Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(a)(1)(C)) is amended by adding at the end the following new clauses: ``(iv) Evaluation and subsequent revision of the risk adjustment system to account for chronic conditions and other factors for the purpose of making the risk adjustment system more accurate, transparent, and regularly updated.-- ``(I) Revision based on number of chronic conditions.--The Secretary shall revise for 2017 and periodically thereafter, the risk adjustment system under this subparagraph so that a risk score under such system, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed. ``(II) Evaluation of different risk adjustment models.--The Secretary shall evaluate the impact of including 2 years of data to compare the models used to determine risk scores for 2013 and 2014 under such system. ``(III) Evaluation and analysis on chronic kidney disease (ckd) codes.-- The Secretary shall evaluate the impact of removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model and conduct an analysis of best practices of MA plans to slow disease progression related to chronic kidney disease. ``(IV) Evaluation and recommendations on use of encounter data.--The Secretary shall evaluate the impact of including 10 percent of encounter data in computing payment for 2016 and the readiness of the Centers for Medicare & Medicaid Services to incorporate encounter data in risk scores. In conducting such evaluation, the Secretary shall use data collected as encounter data on or after January 1, 2012, shall analyze such data for accuracy and completeness and issue recommendations for improving such accuracy and completeness, and shall not increase the percentage of such encounter data used unless the Secretary releases the data publicly, indicates how such data will be weighted in computing the risk scores, and ensures that the data reflects the degree and cost of care coordination under MA plans. ``(V) Conduct of evaluations.-- Evaluations and analyses under subclause (II) through (IV) shall include an actuarial opinion from the Chief Actuary of the Centers for Medicare & Medicaid Services about the reasonableness of the methods, assumptions, and conclusions of such evaluations and analyses. The Secretary shall consult with the Medicare Payment Advisory Commission and accept and consider comments of stakeholders, such as managed care organizations and beneficiary groups, on such evaluation and analyses. The Secretary shall complete such evaluations and analyses in a manner that permits the results to be applied for plan years beginning with the second plan year that begins after the date of the enactment of this clause. ``(VI) Implementation of revisions based on evaluations.--If the Secretary determines, based on such an evaluation or analysis, that revisions to the risk adjustment system to address the matters described in any of subclauses (II) through (IV) would make the risk adjustment system under this subparagraph better reflect and appropriately weight for the population that is served by the plan, the Secretary shall, beginning with 2017, and periodically thereafter, make such revisions. ``(VII) Periodic reporting to congress.--With respect to plan years beginning with 2017 and every third year thereafter, the Secretary shall submit to Congress a report on the most recent revisions (if any) made under this clause, including the evaluations conducted under subclauses (II) through (IV). ``(v) No changes to adjustment factors that prevent activities consistent with national health policy goals.--In making any changes to the adjustment factors, including adjustment for health status under paragraph (3), the Secretary shall ensure that the changes do not prevent Medicare Advantage organizations from performing or undertaking activities that are consistent with national health policy goals, including activities to promote early detection and better care coordination, the use of health risk assessments, care plans, and programs to slow the progression of chronic diseases. ``(vi) Opportunity for review and public comment regarding changes to adjustment factors.--For changes to adjustment factors effective for 2017 and subsequent years, in addition to providing notice of such changes in the announcement under subsection (b)(2), the Secretary shall provide an opportunity for review of proposed changes of not less than 60 days and a public comment period of not less than 30 days before implementing such changes.''. SEC. 4. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE STAR RATING SYSTEM. It is the sense of Congress that-- (1) the Centers for Medicare & Medicaid Services has inadvertently created a star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w- 23(o)(4)) for Medicare Advantage plans that lacks proper accounting for the socioeconomic status of enrollees in such plans and the extent to which such plans serve individuals who are also eligible for medical assistance under title XIX of such Act; and (2) Congress will work with the Centers for Medicare & Medicaid Services and stakeholders, including beneficiary groups and managed care organizations, to ensure that such rating system properly accounts for the socioeconomic status of enrollees in such plans and the extent to which such plans serve such individuals described in paragraph (1). SEC. 5. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK ADJUSTMENT. It is the sense of Congress that-- (1) the Secretary of Health and Human Services should periodically monitor and improve the Medicare Advantage risk adjustment model to ensure that it accurately accounts for beneficiary risk, including for those individuals with complex chronic comorbid conditions; (2) the Secretary should closely examine the current Medicare Advantage risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions and to the extent data indicate this to be the case, the Secretary should make necessary adjustment to the risk adjustment methodology; and (3) the Secretary should reconsider the implementation of changes in the Medicare Advantage risk adjustment methodology finalized for 2016 and to use to the extent appropriate the methodology finalized in 2015 for one additional year. Passed the House of Representatives June 17, 2015. Attest: KAREN L. HAAS, Clerk.

Senior's Health Care Plan Protection Act of 2015 (Sec. 2) It is the intent of Congress to: (1) continue to study and request input on the effects of socioeconomic status and dual-eligible populations on the five-star quality rating system for Medicare Advantage (MA) plans before reforming it, and, pending study and input results, (2) delay Centers for Medicare & Medicaid (CMS) authority to terminate MA plan contracts solely on the basis of performance under the five-star rating system. The Department of Health and Human Services (HHS) may not, through the end of plan year 2018, terminate a contract with respect to the offering of an MA plan by an MA organization solely because the plan has failed to achieve a minimum quality rating under the five-star rating system. (Sec. 3) This bill amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSAct) to direct HHS (in effect, CMS) to revise for 2017, and periodically afterwards, the system for risk adjustments to payments to Medicare+Choice organizations so that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. HHS must, including an actuarial opinion of the CMS Chief Actuary, evaluate the impacts of: including two years of data to compare the models used to determine the risk scores for 2013 and 2014, removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model, and including 10% of encounter data in computing payment for 2016 and CMS readiness to incorporate encounter data in risk scores. HHS shall also analyze the best practices of MA plans to slow disease progression related to chronic kidney disease. HHS shall then, if appropriate, make revisions to the risk adjustment system, based on such an evaluation or analysis, to better reflect and appropriately weight for the population served. (Sec. 4) Congress declares that: the five-star quality rating system for MA plans lacks proper accounting for the socioeconomic status of plan enrollees and the extent to which those plans serve individuals also eligible for medical assistance under SSAct title XIX (Medicaid); and Congress will work with CMS and stakeholders, including beneficiary groups and managed care organizations, to ensure that the five-star quality rating system for MA plans properly accounts for the socioeconomic status of plan enrollees and the extent to which plans serve them. (Sec. 5) It is also the sense of Congress that HHS should: periodically monitor and improve the risk adjustment model for payments to MA organizations to ensure that it accurately accounts for beneficiary risk; closely examine and adjust as necessary the current MA risk adjustment methodology to ensure that plans enrolling beneficiaries with the greatest health care needs receive adequate reimbursement to deliver high-quality care and other services to help beneficiaries avoid costly complications and further progression of chronic conditions; and reconsider the implementation of changes in the MA risk adjustment methodology finalized for 2016 and, to the extent appropriate, use the risk methodology finalized in 2015 for one additional year.

Seniors' Health Care Plan Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Close the Revolving Door Act of 2010''. SEC. 2. LIFETIME BAN ON MEMBERS OF CONGRESS FROM LOBBYING. (a) In General.--Section 207(e)(1) of title 18, United States Code, is amended to read as follows: ``(1) Members of congress.--Any person who is a Senator, a Member of the House of Representatives or an elected officer of the Senate or the House of Representatives and who after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.''. (b) Conforming Amendment.--Section 207(e)(2) of title 18, United States Code, is amended-- (1) in the caption, by striking ``Officers and staff'' and inserting ``Staff''; and (2) by striking ``an elected officer of the Senate, or''. SEC. 3. CONGRESSIONAL STAFF. Paragraphs (2), (3), (4), (5)(A), and (6)(A) of section 207(e) of title 18, United States Code, is amended by striking ``1 year'' and inserting ``6 years''. SEC. 4. IMPROVED REPORTING OF LOBBYISTS ACTIVITIES. Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by inserting at the end the following: ``(c) Joint Web Site.-- ``(1) In general.--The Secretary of the Senate and the Clerk of the House of Representatives shall maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed under this Act which shall be an easily searchable Web site called lobbyists.gov with a stated goal of simplicity of usage. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $100,000 for fiscal year 2011.''. SEC. 5. LOBBYIST REVOLVING DOOR TO CONGRESS. (a) In General.--Any person who is a registered lobbyist or an agent of a foreign principal may not within 6 years after that person leaves such position be hired by a Member or committee of either House of Congress with whom the registered lobbyist or an agent of a foreign principal has had substantial lobbying contact. (b) Waiver.--This section may be waived in the Senate or the House of Representatives by the Committee on Ethics or the Committee on Standards of Official Conduct based on a compelling national need. (c) Substantial Lobbying Contact.--For purposes of this section, in determining whether a registered lobbyist or agent of a foreign principal has had substantial lobbying contact within the applicable period of time, the Member or committee of either House of Congress shall take into consideration whether the individual's lobbying contacts have pertained to pending legislative business, or related to solicitation of an earmark or other Federal funding, particularly if such contacts included the coordination of meetings with the Member or staff, involved presentations to staff, or participation in fundraising exceeding the mere giving of a personal contribution. Simple social contacts with the Member or committee of either House of Congress and staff, shall not by themselves constitute substantial lobbying contacts. SEC. 6. PAYMENT FOR CHARTER FLIGHTS BY CAMPAIGN FUNDS AND DISCLOSURE OF CERTAIN AIR TRAVEL WITH A LOBBYIST BY A SENATOR. (a) Clarification of Rules on Use of Campaign Funds for Flights on Commercial Aircraft.-- (1) In general.--Paragraph (1) of section 313(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 439a(c)) is amended-- (A) by striking ``a candidate for election for Federal office (other than a candidate who is subject to paragraph (2)), or any authorized committee of such a candidate, may not make any expenditure for a flight on an aircraft'' in the matter preceding subparagraph (A) and inserting ``in the case of a candidate for election to Federal office (other than a candidate who is subject to paragraph (2)), no political committee may make any expenditure for travel by such a candidate, or for travel on behalf of such a candidate, by means of a flight on an aircraft (regardless of whether such travel is in connection with an election for Federal office)'', and (B) by striking ``candidate, the authorized committee, or other'' in subparagraph (B). (2) Effective date.--The amendment made by this subsection shall apply to flights taken on or after the date of the enactment of this Act. (b) Disclosure.--Paragraph 2(e)(1) of rule XXXV of the Standing Rules of the Senate is amended-- (1) in subclause (C), by striking ``and'' after the semicolon; (2) by inserting after subclause (D) the following: ``(E) the source will submit a list of the names of any registered lobbyist or an agent of a foreign principal on the trip not later than 30 days after the trip; and''. SEC. 7. BAN ON LOBBYISTS MAKING CASH CAMPAIGN CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by-- (1) by striking ``No person'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), no person''; and (2) inserting at the end the following: ``(b) Lobbyist.-- ``(1) Total ban.--If the person described in subsection (a) is a lobbyist, the amount referred to in subsection (a) shall be zero. ``(2) Lobbyist.--In this subsection, the term `lobbyist' shall have the same meaning given such term in section 3(10) of the Lobbying Disclosure Act of 1995.''. SEC. 8. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES. ``(a) In General.--A substantial lobbying entity shall file on an annual basis with the Clerk of the House of Representatives and the Secretary of the United States Senate a list of any employee, individual under contract, or individual who provides paid consulting services who is-- ``(1) a former United States Senator or a former Member of the United States House of Representatives; or ``(2) a former congressional staff person who-- ``(A) made at least $100,000 in any 1 year as a congressional staff person; ``(B) worked for a total of 4 years or more as a congressional staff person; or ``(C) had a job title at any time while employed as a congressional staff person that contained any of the following terms: `Chief of Staff', `Legislative Director', `Staff Director', `Counsel', `Professional Staff Member', `Communications Director', or `Press Secretary'. ``(b) Contents of Filing.--The filing required by this section shall contain a brief job description of each such employee, individual under contract, or individual who provides paid consulting services, and an explanation of their work experience under subsection (a) that requires this filing. ``(c) Improved Reporting of Substantial Lobbying Entities.--The Joint Web site being maintained by the Secretary of the Senate and the Clerk of the House of Representatives, known as lobbyists.gov, shall include an easily searchable database entitled `Substantial Lobbying Entities' that includes qualifying employees, individuals under contract, or individuals who provide paid consulting services, under subsection (a). ``(d) Law Enforcement Oversight.--The Clerk of the House of Representatives and the Secretary of the Senate shall provide a copy of the filings of substantial lobbying entities to the District of Columbia United States Attorney, to allow the District of Columbia United States Attorney to determine whether any such entities are underreporting the Federal lobbying activities of its employees, individuals under contract, or individuals who provide paid consulting services. ``(e) Substantial Lobbying Entity.--In this section, the term `substantial lobbying entity' means an incorporated entity that employs more than 3 federally registered lobbyists during a filing period.''. SEC. 9. ENHANCED PENALTIES. Section 7(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606(a)) is amended by striking ``$200,000'' and inserting ``$500,000''.

Close the Revolving Door Act of 2010 - Amends the federal criminal code to impose a permanent ban (currently, a two-year ban) on lobbying contacts by any former Member of Congress or elected officer of the Senate or the House of Representatives with any Member, officer, or employee of either house of Congress or any employee of any other legislative office. Provides for a six-year lobbying ban (currently, a one-year ban) on former congressional staff. Amends the Lobbying Disclosure Act of 1995 to: (1) require the Secretary of the Senate and the Clerk of the House of Representatives to maintain a joint Internet website for the disclosure of lobbying activity called "lobbyist.gov;" (2) require a substantial lobbying entity (defined as an incorporated entity that employs more than three federally-registered lobbyists during a filing period) to file annually with the Secretary and Clerk a list of any employee or contractor who is a former Member of Congress or congressional staff person who made at least $100,000 in any one year, who worked for a total of four years or more in that capacity, or who had a job title that contained the terms Chief of Staff, Legislative or Staff Director, Counsel, Professional Staff Member, Communications Director, or Press Secretary; (3) require the Secretary and the Clerk to provide a copy of the filings of substantial lobbying entities to the U.S. Attorney for the District of Columbia; and (4) increase from $200,000 to $500,000 the civil penalty for intentional failure to correct a defective filing of lobbying activity. Prohibits any person who is a registered lobbyist or an agent of a foreign principal, within six years after leaving such position, from being hired by a Member or committee of either house of Congress with whom that lobbyist or agent has had substantial lobbying contact, subject to a waiver based on a compelling national need. Amends the Federal Election Campaign Act of 1971 to prohibit: (1) a political committee from making any expenditure or reimbursement for noncommercial air travel by a candidate for federal office; and (2) a lobbyist from making any contribution of U.S. or foreign currency to or for the benefit of any candidate for federal office.

A bill to provide greater controls and restrictions on revolving door lobbying.

SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Mountain National Park Wilderness Act''. (b) Purpose.--The purpose of this Act is to include in the National Wilderness Preservation System certain lands within the Rocky Mountain National Park, Colorado, in order to protect the enduring scenic and historic wilderness character and unique wildlife values of the lands as well as the scientific, educational, inspirational, and recreational resources, values, and opportunities of the lands. SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain National Park, Colorado, which comprise approximately ____ acres, as generally depicted on the map titled ``Rocky Mountain National Park, Colorado Wilderness Boundaries'' and dated June 2005, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The designated lands shall be known as the Rocky Mountain National Park Wilderness. (b) Map and Description.-- (1) Preparation and submission.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall prepare a map and a boundary description of the Rocky Mountain National Park Wilderness designated by subsection (a) and file the map and boundary description with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The map and boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. (2) Treatment.--The map and boundary description prepared under paragraph (1) shall have the same force and effect as if included in this Act. The Secretary of the Interior may correct clerical and typographical errors in the map and description. (c) Potential Wilderness Lands.-- (1) Definition.--In this section, the term ``potential wilderness lands'' means-- (A) lands identified as potential wilderness on the map referred to in subsection (a); and (B) lands and interests therein acquired by the United States on or after the date of the enactment of this Act that are located within the boundaries of the Rocky Mountain National Park and are contiguous with lands designated as wilderness by this Act. (2) Inclusion in wilderness.--Upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses of a parcel of potential wilderness lands inconsistent with the Wilderness Act have ceased, the parcel shall be included in the Rocky Mountain National Park Wilderness designated by subsection (a) and managed as provided in section 3. The Secretary of the Interior shall modify the map and boundary description prepared under subsection (b) to reflect the inclusion of the parcel in the Rocky Mountain National Park Wilderness. (d) Exclusion of Certain Lands.--The boundaries of the Rocky Mountain National Park Wilderness and the potential wilderness lands specifically exclude the following: (1) The Grand Ditch (including both the main canal of the Grand Ditch and a branch thereof known as the specimen Ditch) and its right-of-way as well as associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998. (2) Lands owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to such reservoir from the North St. Vrain Creek, amounting to approximately 35.38 acres. (3) Lands owned by the Wincentsen-Harms Trust, amounting to approximately 2.75 acres. (e) Relation to Lands Outside Wilderness.--Nothing in this Act shall affect the management or use of any lands not included within the boundaries of the Rocky Mountain National Park Wilderness or the potential wilderness lands. SEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Management Generally.--Subject to valid existing rights, lands designated as wilderness by section 2(a) or subsequently included in the Rocky Mountain National Park Wilderness by section 2(c) shall be managed by the Secretary of the Interior in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act. With respect to the lands designated as wilderness by section 2(a), any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. With respect to the lands subsequently included in the Rocky Mountain National Park Wilderness by section 2(c), any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date on which the lands were included in the wilderness area. (b) Water Rights.-- (1) Findings.--The Congress finds the following: (A) According to decisions of the courts of the State of Colorado, the United States has existing rights to water within the Rocky Mountain National Park. (B) Those rights are sufficient for the purposes of the Rocky Mountain National Park Wilderness as designated by section 2. (C) In light of the findings in subparagraphs (A) and (B), there is no need for this Act to effect a reservation by the United States of any additional water rights to fulfill the purposes for which the Rocky Mountain National Park Wilderness is designated. (2) No reservation.--Nothing in this Act or any action taken pursuant to this Act shall constitute either an express or implied reservation of water or water rights for any purpose. (c) Colorado-Big Thompson Project.-- (1) Current activities.--Activities on, under, or affecting the lands designated as wilderness by section 2 relating to the monitoring, operation, maintenance, repair, replacement, and use of the Colorado-Big Thompson Project and its facilities which were allowed as of June 1, 1998, shall be allowed to continue and shall not be affected by the designation of the lands as wilderness. (2) New activities.--In addition to the activities described in paragraph (1), any other activities on, under, or affecting the lands designated as wilderness by section 2 that because of emergencies or catastrophic events become necessary for the operation, maintenance, repair, replacement, and continue use of the Colorado-Big Thompson Project and its facilities shall be allowed, subject only to reasonable restrictions which are established by the Secretary of the Interior to protect the wilderness values of the lands. In implementing this paragraph, the Secretary shall not establish any restrictions on the activities that would prevent the occurrence of such necessary activities or that would reduce the water supply provided by the Colorado-Big Thompson Project or the Windy Gap Project. (3) Relation to authority in act establishing park.-- Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development within the lands designated as wilderness by section 2 of any reclamation project not in existence as of the date of the enactment of this Act. (d) No Buffer Zones.--Congress does not intend that the designation by this Act of the Rocky Mountain National Park Wilderness creates or implies the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within the wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.

Rocky Mountain National Park Wilderness Act- Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness.

To designate as wilderness certain lands within the Rocky Mountain National Park in the State of Colorado.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Access Enhancement Act''. SEC. 2. DEFINITION OF ELIGIBLE RURAL COMMUNITY. Section 601(b)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(2)) is amended to read as follows: ``(2) Eligible rural community.--The term `eligible rural community' means any area of the United States-- ``(A) which is not included within the boundaries of any city, town, borough, or village, whether incorporated or unincorporated, with a population of more than 20,000 inhabitants; ``(B) which is not in the urbanized area contiguous and adjacent to such a city, town, borough, or village; and ``(C) the average median household income of which is not more than 80 percent of the national average median household income.''. SEC. 3. IMPROVEMENTS TO APPLICATION PROCESS. (a) Equity Requirements.--Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)) is amended by adding at the end the following: ``(3) Equity requirements.--The Secretary shall not approve an application submitted pursuant to this section to serve-- ``(A) an area in which at least 40 percent of the population does not have access to broadband service, unless the value of the assets of the applicant not pledged or hypothecated for any other purpose equals at least 10 percent of the principal amount of the loan which is the subject of the application; or ``(B) any other area, unless value of the assets referred to in subparagraph (A) equals at least 15 percent of the principal amount of the loan involved.''. (b) Reduction in Application Paperwork.--Section 601(c) of such Act (7 U.S.C. 950bb(c)), as amended by subsection (a) of this section, is amended by adding at the end the following: ``(4) Paperwork reduction.--The Secretary shall take such steps as are necessary to reduce the paperwork required of applicants under this section.''. (c) Outreach.--Section 601 of such Act (7 U.S.C. 950bb) is amended by redesignating subsections (i) through (k) as subsection (j) through (l), respectively, and inserting after subsection (h) the following: ``(i) Outreach.--The Secretary shall conduct outreach designed to inform the population of areas in which there is no or limited broadband service of the program carried out under this section.''. SEC. 4. BAN ON LOAN OR LOAN GUARANTEE FOR NEW BROADBAND SERVICE IN COMMUNITY WITH SEVERAL SERVICE PROVIDERS. Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)), as amended by section 3 of this Act, is amended by adding at the end the following: ``(5) Ban on loan or loan guarantee for new broadband service in community with 3 or more service providers.--The Secreary shall not approve an application for a loan or loan guarantee under this section for the provision of new broadband service to an eligible rural community in which the service is provided by 3 or more entities.''. SEC. 5. ELIMINATION OF LIMITATION ON ELIGIBILITY BASED ON NUMBER OF SUBSCRIBER LINES. (a) In General.--Section 601(d) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)) is amended by striking paragraph (3). (b) Limitations on Amounts Made Available for Entities With Various Shares of Installed Telephone Suscriber Lines.--Section 601(k) of such Act (7 U.S.C. 950bb(k)), as so redesignated by section 3(c) of this Act, is amended by adding at the end the following: ``(5) Limitations on amounts made available for entities with various shares of installed telephone suscriber lines.-- ``(A) Not more than 10 percent of the amounts made available for each fiscal year under this subsection may be used to provide loans or loan guarantees to entities with more than 10 percent of the telephone subscriber lines installed in the aggregate in the United States. ``(B) Not more than 40 percent of the amounts made available for each fiscal year under this subsection may be used to provide loans or loan guarantees to entities with not less than 2 percent and not more than 10 percent of the telephone subscriber lines installed in the aggregate in the United States.''. SEC. 6. LIMITATION ON TERM OF LOANS AND LOAN GUARANTEES. Section 601(g)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(g)(2)) is amended by striking ``the useful life of the assets constructed, improved, or acquired with the proceeds of the loan or extension of credit'' and inserting ``35 years''. SEC. 7. REPORTING REQUIREMENTS. Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb), as amended by section 3(c) of this Act, is amended by redesignating subsections (k) and (l) as subsection (l) and (m), respectively, and inserting after subsection (j) the following: ``(k) Annual Reports.--Not later than October 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of the program under this section, which shall include, with respect to the period covered by the report-- ``(1) the number of applications submitted pursuant to this section; ``(2) the number of the applications that were approved; ``(3) the identity of the communities served by the applicants with approved applications; ``(4) the type of services offered by applicants for, and recipients of, loans or loan guarantees under this section; ``(5) the speed of the broadband service offered by the applicants and recipients; ``(6) how long it took to respond to the applicants; and ``(7) the outreach efforts conducted by the Secretary under subsection (i).''.

Rural Broadband Access Enhancement Act - Amends the Rural Electrification Act of 1936 to redefine "eligible rural community." Permits a loan or loan guarantee applicant in an area where 40% of the residents are without broadband access to qualify with a 10% loan equity position. Provides for: (1) paperwork reduction; and (2) program outreach to underserved areas. Prohibits loan or loan guarantees for new broadband service in communities with three or more service providers. Provides that for each fiscal year: (1) not more than 10% of program funds shall be available to providers with more than 10% of national subscriber lines; and (2) 40% of program funds shall be available to providers with between 2%-10% of national subscriber lines. Revises the amortization period from the life of the asset to 35 years. Requires an annual broadband program report to Congress.

To amend the Rural Electrification Act of 1936 to improve the application process for the rural broadband program of the Department of Agriculture.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Innovation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Advanced fission reactor.--The term ``advanced fission reactor'' means a nuclear fission reactor with significant improvements over the most recent generation of nuclear reactors, which may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, and increased thermal efficiency. (2) Department.--The term ``Department'' means the Department of Energy. (3) National laboratories.--The term ``National Laboratories'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH. (a) Modeling and Simulation.--The Secretary shall carry out a program to enhance the Nation's capabilities to develop new reactor technologies through high-performance computation modeling and simulation techniques. This program shall coordinate with relevant Federal agencies through the National Strategic Computing Initiative created under Executive Order 13702 (July 29, 2015) while taking into account the following objectives: (1) Utilizing expertise from the private sector, universities, and National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced fission reactor systems, nuclear fusion systems, and reactor systems for space exploration. (2) Developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation. (3) Increasing the utility of the Department's research infrastructure by coordinating with the Advanced Scientific Computing Research program within the Office of Science. (4) Leveraging experience from the Energy Innovation Hub for Modeling and Simulation. (5) Ensuring that new experimental and computational tools are accessible to relevant research communities. (b) Supportive Research Activities.--The Secretary shall consider support for additional research activities to maximize the utility of its research facilities, including physical processes to simulate degradation of materials and behavior of fuel forms and for validation of computational tools. SEC. 4. ENABLING NUCLEAR ENERGY INNOVATION. (a) National Reactor Innovation Center.--The Secretary shall carry out a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector. The Secretary shall leverage the technical expertise of relevant Federal agencies and National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites while ensuring reasonable safety for persons working within these sites. Such reactors shall operate to meet the following objectives: (1) Enabling physical validation of novel reactor concepts. (2) Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of first-of-a-kind reactor concepts. (3) General research and development to improve nascent technologies. (b) Reporting Requirement.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department's capabilities to authorize, host, and oversee privately funded fusion and advanced fission experimental reactors as described under subsection (a). The report shall address the following: (1) The Department's safety review and oversight capabilities, including options to leverage expertise from the Nuclear Regulatory Commission and National Laboratories. (2) Potential sites capable of hosting activities described under subsection (a). (3) The efficacy of the Department's available contractual mechanisms to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology. (4) Potential cost structures related to physical security, decommissioning, liability, and other long term project costs. (5) Other challenges or considerations identified by the Secretary.

Nuclear Innovation Act This bill directs the Department of Energy (DOE) to carry out a program for enhancing the U.S. capability to develop new reactor technologies through high-performance computation modeling and simulation techniques. Such program shall coordinate with relevant federal agencies through the National Strategic Computing Initiative while taking into account specified objectives. DOE shall also carry out a program to: enable the testing and demonstration of reactor concepts proposed and funded by the private sector, and leverage the technical expertise of relevant federal agencies and national laboratories to minimize the time required to enable construction and operation of privately funded experimental reactors at national laboratories or other DOE-owned sites. These reactors shall operate to: enable physical validation of novel reactor concepts; resolve technical uncertainty and increase practical knowledge relevant to safety, resilience, security, and functionality of first-of-a-kind reactor concepts; and generate research and development to improve nascent technologies.

Nuclear Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Update, Promote, and Develop America's Transportation Essentials Act of 2013''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) Since the passage of SAFETEA-LU, Congress has transferred over $50 billion from the General Fund to the Highway Trust Fund, in order to maintain solvency. (2) The Congressional Budget Office estimates after the end of Fiscal year 2014, annual General Fund transfers of approximately $15 billion will be necessary in order to maintain current Highway Trust Fund spending levels. (3) The Congressional Budget Office also estimates that in order to provide funding for surface transportation projects where the Federal benefit outweighs the cost, an additional $83 billion a year would need to be allocated to the Highway and Transit Trust Funds. (4) The American Society for Civil Engineers estimates that in order to meet our economic and transportation needs, the United States should invest at least an additional $500 billion in our surface transportation system by 2020. (5) The National Commission on Fiscal Reform and Responsibility report, often referred to as the ``Simpson- Bowles'' plan, includes a recommendation to raise the gas tax by fifteen cents. (6) The National Surface Transportation Infrastructure Financing Commission recommended, in their 2009 report, that Congress take action to prevent the Highway Trust Fund from becoming insolvent, and to avoid any reductions in infrastructure spending. The Commission also noted that a Federal funding system based on a vehicle miles traveled system, is the consensus choice for the future. (b) Sense of Congress Regarding Replacement of Gas Tax.--It is the sense of Congress that by 2024 the gas tax should be repealed and replaced with a more sustainable, stable funding source. SEC. 3. TAX ON MOTOR FUELS. (a) Gasoline Other Than Aviation Gasoline.--Section 4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) in the case of gasoline other than aviation gasoline-- ``(I) for tax imposed before 2014, 18.3 cents per gallon, ``(II) for tax imposed during 2014, 26.3 cents per gallon, ``(III) for tax imposed during 2015, 30.3 cents per gallon, and ``(IV) for tax imposed after 2015 and before 2025, 33.3 cents per gallon,''. (b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of the Internal Revenue Code of 1986 is amended to read as follows: ``(iii) in the case of diesel fuel or kerosene-- ``(I) for tax imposed before 2014, 24.3 cents per gallon, ``(II) for tax imposed during 2014, 32.3 cents per gallon, ``(III) for tax imposed during 2015, 36.3 cents per gallon, and ``(IV) for tax imposed after 2015 and before 2025, 39.3 cents per gallon,''. (c) Increase for Inflation.--Paragraph (2) of section 4081(a) of such Code is amended by adding at the end the following: ``(E) Adjustment for inflation.--In the case of any calendar year beginning after 2016, the rates of tax contained in clauses (i)(IV) and (iii)(IV) of subparagraph (A) shall each be increased by an amount equal to-- ``(i) such rate, multiplied by ``(ii) the cost of living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. Any increase under the preceding sentence shall be rounded to the nearest 0.1 cents.''. (d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``19.7 cents'' for ``24.3 cents'' and inserting ``a rate equal to 71 percent of the rate in effect under subparagraph (A) (without regard to this subparagraph)''. (e) Termination.--Section 4081(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2016'' and inserting ``December 31, 2024''. (f) Effective Date.--The amendments made by this section shall apply to fuels or liquids removed, entered, or sold after December 31, 2013. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax 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 liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time of payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid 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). (2) Taxable liquid.--The term ``taxable liquid'' means diesel fuel and kerosene (other than aviation-grade kerosene). (3) Floor stocks date.--The term ``floor stocks tax date'' means any January 1 of any calendar year beginning after the date of the enactment of this Act on which a rate of tax under section 4041 or 4081 of such Code increases pursuant to an amendment made by section 2. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (A) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid 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 paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this section-- (A) 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. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where one or more of such persons is not a corporation. (g) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter.

Update, Promote, and Develop America's Transportation Essentials Act of 2013 - Expresses the sense of Congress that by 2024, the gas tax should be repealed and replaced with a more sustainable, stable funding source. Amends the Internal Revenue Code, with respect to the excise tax on motor fuels, to increase the rate of tax on: (1) gasoline other than aviation gasoline to 33.3 cents per gallon after 2015 and before 2025, (2) diesel fuel or kerosene to 39.3 cents per gallon after 2015 and before 2025, and (3) diesel-water fuel emulsion. Delays the termination of such increased rates from the end of FY2016 to December 31, 2024. Imposes a floor stocks tax on rate increases for gasoline, diesel fuel, and  kerosene (other than aviation-grade kerosene), subject to specified exemptions for exempt uses and low-volume producers.

Update, Promote, and Develop America's Transportation Essentials Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims Protection Act of 2014''. SEC. 2. INCLUSION OF SENIOR TRIAL COUNSEL DETERMINATIONS ON REFERRAL OF CASES TO TRIAL BY COURT-MARTIAL IN CASES REVIEWED BY SECRETARIES OF MILITARY DEPARTMENTS. Section 1744 of the National Defense Authorization Act for Fiscal Year 2014 is amended-- (1) in subsection (c)-- (A) in the subsection heading, by inserting ``or Senior Trial Counsel'' after ``Staff Judge Advocate''; and (B) by inserting ``or the senior trial counsel detailed to the case'' after ``Military Justice),''; and (2) in subsection (d)-- (A) in the subsection heading, by inserting ``or Senior Trial Counsel'' after ``Staff Judge Advocate''; and (B) by inserting ``or the senior trial counsel detailed to the case'' after ``Military Justice),''. SEC. 3. ADDITIONAL ENHANCEMENTS OF MILITARY DEPARTMENT ACTIONS ON SEXUAL ASSAULT PREVENTION AND RESPONSE. (a) Additional Duty of Special Victims' Counsel.--In addition to any duties authorized by section 1044e of title 10, United States Code (as added by section 1716 of the National Defense Authorization Act for Fiscal Year 2014), a Special Victims' Counsel designated under subsection (a) of such section 1044e shall provide advice to victims of sexual assault on the advantages and disadvantages of prosecution of the offense concerned by court-martial or by a civilian court with jurisdiction over the offense before such victims express their preference as to the prosecution of the offense under subsection (b). (b) Consultation With Victims Regarding Preference in Prosecution of Certain Sexual Offenses.-- (1) In general.--The Secretaries of the military departments shall each establish a process to ensure consultation with the victim of a covered sexual offense that occurs in the United States with respect to the victim's preference as to whether the offense should be prosecuted by court-martial or by a civilian court with jurisdiction over the offense. (2) Weight afforded preference.--The preference expressed by a victim under paragraph (1) with respect to the prosecution of an offense, while not binding, should be afforded great weight in the determination whether to prosecute the offense by court-martial or by a civilian court. (3) Notice to victim of lack of civilian criminal prosecution after preference for such prosecution.--In the event a victim expresses a preference under paragraph (1) in favor of prosecution of an offence by civilian court and the civilian authorities determine to decline prosecution, or defer to prosecution by court-martial, the victim shall be promptly notified of that determination. (c) Performance Appraisals of Members of the Armed Forces.-- (1) Appraisals of all members on compliance with sexual assault prevention and response programs.--The Secretaries of the military departments shall each ensure that the written performance appraisals of members of the Armed Forces (whether officers or enlisted members) under the jurisdiction of such Secretary include an assessment of the extent to which each such member supports the sexual assault prevention and response program of the Armed Force concerned. (2) Performance appraisals of commanding officers.--The Secretaries of the military departments shall each ensure that the performance appraisals of commanding officers under the jurisdiction of such Secretary indicate the extent to which each such commanding officer has or has not established a command climate in which-- (A) allegations of sexual assault are properly managed and fairly evaluated; and (B) a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. (d) Command Climate Assessments Following Incidents of Certain Sexual Offenses.-- (1) Assessments required.--The Secretaries of the military departments shall each establish a process whereby a command climate assessment is performed following an incident involving a covered sexual offense for each of the command of the accused and the command of the victim. If the accused and the victim are within the same command, only a single climate assessment is required. The process shall ensure the timely completion of command climate assessments for provision to military criminal investigation organizations and commanders pursuant to paragraph (2). (2) Provision to military criminal investigation organizations and commanders.--A command climate assessment performed pursuant to paragraph (1) shall be provided to the following: (A) The military criminal investigation organization conducting the investigation of the offense concerned. (B) The commander next higher in the chain of command of the command covered by the climate assessment. (e) Confidential Review of Characterization of Terms of Discharge of Victims of Sexual Offenses.-- (1) In general.--The Secretaries of the military departments shall each establish a confidential process, through boards for the correction of military records of the military department concerned, by which an individual who was the victim of a covered sexual offense during service in the Armed Forces may challenge, on the basis of being the victim of such an offense, the terms or characterization of the individual's discharge or separation from the Armed Forces. (2) Consideration of individual experiences in connection with offenses.--In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by paragraph (1), the Secretary of the military department concerned shall instruct boards to give due consideration to the psychological and physical aspects of the individual's experience in connection with the offense concerned, and to what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. (3) Preservation of confidentiality.--Documents considered and decisions rendered pursuant to the process required by paragraph (1) shall not be made available to the public, except with the consent of the individual concerned. (f) Covered Sexual Offense Defined.--In subsections (a) through (e), the term ``covered sexual offense'' means any of the following: (1) Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). (2) Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice). (3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (g) Modification of Military Rules of Evidence Relating to Admissibility of General Military Character Toward Probability of Innocence.--Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be modified to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused, except that evidence of a trait of the military character of an accused may be offered in evidence by the accused when that trait is relevant to an element of an offense for which the accused has been charged. SEC. 4. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND RELATED MILITARY JUSTICE ENHANCEMENTS TO MILITARY SERVICE ACADEMIES. (a) Military Service Academies.--The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as amended by this Act) and this Act apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable. (b) Coast Guard Academy.--The Secretary of Homeland Security shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as so amended) and this Act apply to the Coast Guard Academy. SEC. 5. COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF JUSTICE IN EFFORTS TO PREVENT AND RESPOND TO SEXUAL ASSAULT. (a) Strategic Framework on Collaboration Required.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Attorney General shall jointly develop a strategic framework for ongoing collaboration between the Department of Defense and the Department of Justice in their efforts to prevent and respond to sexual assault. The framework shall be based on and include the following: (1) An assessment of the role of the Department of Justice in investigations and prosecutions of sexual assault cases in which the Department of Defense and the Department of Justice have concurrent jurisdiction, with the assessment to include a review of and list of recommended revisions to relevant Memoranda of Understanding and related documents between the Department of Justice and the Department of Defense. (2) An assessment of the feasibility of establishing the position of advisor on military sexual assaults within the Department of Justice (using existing Department resources and personnel) to assist in the activities required under paragraph (1) and provide to the Department of Defense investigative and other assistance in sexual assault cases occurring on domestic and overseas military installations over which the Department of Defense has primary jurisdiction, with the assessment to address the feasibility of maintaining representatives or designees of the advisor at military installations for the purpose of reviewing cases of sexual assault and providing assistance with the investigation and prosecution of sexual assaults. (3) An assessment of the number of unsolved sexual assault cases that have occurred on military installations, and a plan, with appropriate benchmarks, to review those cases using currently available civilian and military law enforcement resources, such as new technology and forensics information. (4) A strategy to leverage efforts by the Department of Defense and the Department of Justice-- (A) to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention regarding sexual assault; and (B) to address social conditions that relate to sexual assault. (5) Mechanisms to promote information sharing and best practices between the Department of Defense and the Department of Justice on prevention and response to sexual assault, including victim assistance through the Violence against Women Act and Office for Victims of Crime programs of the Department of Justice. (b) Report.--The Secretary of Defense and the Attorney General shall jointly submit to the appropriate committees of Congress a report on the framework required by subsection (a). The report shall-- (1) describe the manner in which the Department of Defense and Department of Justice will collaborate on an ongoing basis under the framework; (2) explain obstacles to implementing the framework; and (3) identify changes in laws necessary to achieve the purpose of this section. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives. SEC. 6. MODIFICATION OF DEADLINE FOR REPORT ON NEED FOR PUNITIVE UCMJ ARTICLE ON INAPPROPRIATE CONTACT WITH PROSPECTIVE AND NEW MEMBERS OF THE ARMED FORCES. Section 1741(d) of the National Defense Authorization Act for Fiscal Year 2014 is amended by striking ``120 days'' and inserting ``60 days''. SEC. 7. SENSE OF SENATE ON INDEPENDENT PANEL ON REVIEW AND ASSESSMENT ON RESPONSE SYSTEMS TO SEXUAL ASSAULT CRIMES. It is the sense of the Senate that-- (1) the panel to review and assess the systems used to respond to sexual assault established by section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758) is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses; (2) the work of the panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces; (3) the panel should include in its assessment under subsection (d)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 a review of the reforms that will be enacted pursuant to title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as amended by this Act) and this Act; and (4) the views of the victim advocate community should continue to be well-represented on the panel, and input from victims should continue to play a central role in informing the work of the panel. Passed the Senate March 10, 2014. Attest: NANCY ERICKSON, Secretary.

. Victims Protection Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2014 (NDAA 2014) to revise the sexual assault prevention and response program activities of the Armed Forces. (Sec. 2) Amends NDAA 2014 to include the senior trial counsel detailed to a case involving sex-related charges in the process for determining whether such charges should be referred for a court-martial (currently, such determination is made solely by the staff judge advocate). (Sec. 3) Requires the Special Victims' Counsel, in cases involving sexual assaults in the military, to provide advice to assault victims on the advantages and disadvantages of prosecuting such assaults by court-martial or in a civilian court. Requires the Secretaries of the military departments to: (1) establish a process to ensure consultation with the victim of a sexual assault to determine such victim's preference for prosecuting such assault either by court-martial or in a civilian court, and (2) afford great weight to such preference in determining which court shall prosecute the offense. Requires notification to a victim who expresses a preference for prosecution in a civilian court if a decision is made to decline prosecution or prosecute such offense by court-martial. Requires performance appraisals of: (1) officers and enlisted personnel of the Armed Forces to include an assessment of the extent to which such members support their respective sexual assault prevention and response programs, and (2) a commanding officer to indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation or ostracism. Requires the Secretaries of the military departments to establish a process for a command climate assessment and for a confidential challenge by an individual who was the victim of a sexual assault of the terms or characterization of such individual's discharge or separation from the Armed Forces. Requires a modification of the Military Rules of Evidence to clarify that evidence of the general military character of an individual accused of a criminal offense (good soldier defense) shall not be admissible for the purpose of showing the probability of innocence of such individual, unless such evidence is relevant to an element of the offense for which the accused has been charged. (Sec. 4) Requires the Secretary of the military department concerned to ensure that provisions of NDAA 2014 relating to sexual assault prevention and response apply to the U.S. Military Academy, the Naval Academy, and the Air Force Academy. Requires the Secretary of Homeland Security (DHS) to ensure that such provisions apply to the Coast Guard Academy. (Sec. 5) Requires the Secretary of Defense (DOD) and the Attorney General to jointly develop a strategic framework for collaboration between DOD and the Department of Justice (DOJ) to prevent and respond to cases of sexual assault and report to the Armed Services and Judiciary Committees of Congress on such framework. Requires such framework to be based on and to include: (1) an assessment of the role of DOD in investigations and prosecutions of sexual assault cases in which DOD and DOJ have concurrent jurisdiction; (2) an assessment of the feasibility of establishing the position of advisor on military sexual assaults within DOJ and provide DOD investigative and other assistance in sexual assault cases on domestic and overseas military installations; (3) an assessment of the number of unsolved sexual assault cases; (4) a strategy to leverage efforts by DOD and DOJ to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention and to address social conditions that relate to sexual assault; and (5) mechanisms to promote information sharing and best practices between DOD and DOJ. (Sec. 6) Advances from 120 to 60 days after the enactment of NDAA 2014 the due date for the report of the DOD Secretary on a proposed punitive article under the Uniform Code of Military Justice (UCMJ) for violations of prohibitions against inappropriate contact with prospective and new members of the Armed Forces. (Sec. 7) Expresses the sense of the Senate that: (1) the panel to review and assess the systems used to respond to sexual assault established by NDAA 2014 is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses; (2) the work of such panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces; (3) the panel should include in its assessment a review of the reforms that will be enacted by NDAA 2014; and (4) the views of the victim advocate community should continue to be well-represented on the panel.

Victims Protection Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Safety Act of 2000''. SEC. 2. ESTABLISHMENT OF REQUIREMENT FOR RESPONSE PLANS FOR NONTANK VESSELS. Subtitle II of title 46, United States Code, is amended-- (1) in the analysis at the beginning of the subtitle, by adding after the item relating to chapter 147 the following: ``48. Response plans for nontank vessels................... 4801''; and (2) by adding at the end of part B the following: ``CHAPTER 48--RESPONSE PLANS FOR NONTANK VESSELS ``Sec. ``4801. Definitions. ``4802. Application. ``4803. General response plan requirement. ``4804. Regulations. ``4805. Submittal of response plans. ``4806. Review and approval of response plans. ``Sec. 4801. Definitions ``In this chapter: ``(1) The term `covered vessel' means a vessel to which this chapter applies. ``(2) The term `maritime cooperative' means any association established by any combination of owners or operators of marine terminals, marine facilities, or vessels, vessel agents, or maritime industry groups, that provides oil spill response planning and oil spill-related communications services. ``(3) The term `response plan' means a plan for the prevention of oil spills and the containment and cleanup of oil spills from the navigable waters of the United States and for the protection of fisheries and wildlife, natural resources, and public and private property from such a spill. ``Sec. 4802. Application ``This chapter applies to any vessel over 300 gross tons carrying oil as fuel on the navigable waters of the United States, other than-- ``(1) a tank vessel; and ``(2) a fishing vessel. ``Sec. 4803. General response plan requirement ``(a) After June 1, 2001, a vessel subject to this chapter may not operate on the navigable waters of the United States unless a response plan for that operation has been approved by the Secretary and implemented. ``(b) Approval of a response plan by the Secretary under this section must be renewed at least once every 5 years. ``Sec. 4804. Regulations ``Not later than January 1, 2003, the Secretary shall issue regulations establishing the minimum requirements for approval of response plans required under this chapter. The regulations shall require that each such response plan-- ``(1) include complete details concerning the response to oil spills of various sizes from vessels to which the plan applies; ``(2) to the maximum extent practicable, be designed in terms of personnel, materials, and equipment, necessary to remove oil and minimize any damage to the environment resulting from a maximum probable spill and a worse case spill; ``(3) describe how the response plan relates to and is coordinated with contingency plans developed by a State, cooperative, port, or regional entity; ``(4) provide procedures for early detection of an oil spill and timely notification of appropriate Federal, State, and local authorities about the spill in accordance with applicable State and Federal law; ``(5) demonstrate ownership of or access to an emergency response communications network that-- ``(A) covers all locations of operation or transit by the vessel to which the response plan applies; and ``(B) provides for immediate notification and continual emergency communications during cleanup response; ``(6) state the number, training preparedness, and fitness of all dedicated, prepositioned personnel assigned to implement the plan; ``(7) incorporate periodic training and drill programs to evaluate whether the personnel and equipment provided under the plan are in a state of operational readiness at all times; ``(8) state the means of protecting and mitigating the effects of an oil spill on the environment; ``(9) provide a detailed description of equipment, training, and procedures to be used by the crew of a vessel to minimize vessel damage, and to stop or reduce oil spilling from the vessel; ``(10) provide arrangements for prepositioning oil spill containment and cleanup equipment and trained personnel; ``(11) provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan; ``(12) provide for the disposal of recovered oil in accordance with local, State, and Federal law; ``(13) state the measures that have been taken to reduce the likelihood that an oil spill will occur; and ``(14) state the amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other response plans rely on the same equipment. ``Sec. 4805. Submittal of response plans ``(a) A response plan under this chapter shall be submitted to the Secretary for each vessel to which this chapter applies, within 12 months after the Secretary prescribes regulations under this chapter. ``(b) A response plan under this chapter for operations of a vessel may be submitted by-- ``(1) the owner or operator of the vessel, including a person authorized to submit a plan under a contract with the owner or operator pursuant to subsection (c); ``(2) the owner or operator of any facility at which the vessel will be loading or unloading its cargo; or ``(3) a qualified maritime cooperative in which the owner or operator of the vessel is a participating member. ``(c)(1) A person that has contracted with the owner or operator of a vessel to provide containment and cleanup services for operations of the vessel and that meets the standards prescribed by the Secretary under this chapter may submit the response plan required under this chapter for those operations. ``(2) Subject to conditions imposed by the Secretary, a person referred to in paragraph (1) may submit a single plan under this chapter for more than one vessel with respect to which the person is contractually obligated to provide containment and cleanup services. ``(d)(1) A maritime cooperative may submit a response plan under this chapter for a group of vessels owned or operated by members of the cooperative. ``(2) A maritime cooperative shall have a lien on a vessel owned or operated by a member of the cooperative-- ``(A) for any regular operating assessments made by the cooperative with respect to the vessel; and ``(B) for any direct costs incurred by the cooperative in providing oil spill response or oil spill-related communications services for the vessel. ``Sec. 4806. Review and approval of response plans ``(a) In reviewing a response plan submitted under this chapter, the Secretary shall consider, among other matters, the following factors: ``(1) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures, response time, and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment. ``(2) The nature and amount of vessel traffic within the area covered by the plan. ``(3) The volume and type of oil being transported within the area covered by the plan. ``(4) The existence of navigational hazards within the area covered by the plan. ``(5) The history and circumstances surrounding prior spills of oil within the area covered by the plan. ``(6) The sensitivity of fisheries and wildlife and other natural resources within the area covered by the plan. ``(7) Relevant information on previous spills contained in on-scene coordinator reports covered by the plan. ``(8) The extent to which reasonable, cost-effective measures to reduce the likelihood that a spill will occur have been incorporated into the plan. ``(9) The number of covered vessels calling in and the facilities located in the geographic area and the resulting ability of State and local agencies and industry groups to develop, finance, and maintain a response plan and spill response system for those vessels. ``(10) The spill response equipment and resources available to a person providing a response plan for vessels under the response plans filed by the person under State or Federal law for other covered vessels or facilities owned or operated by that person. ``(b) The Secretary may approve a response plan only if the Secretary determines that the plan-- ``(1) meets the requirements established under section 4804 of this title; and ``(2) will ensure, to the maximum extent practicable, removal of oil promptly, properly, and with minimal damage to the environment. ``(c) On approval of a response plan, the Secretary shall issue to the person that submitted the plan a certificate stating that the plan has been approved. The certificate shall include the name of each vessel for which the certificate is issued, the effective date of the plan, and the date by which the plan must be submitted for renewal. ``(d) An owner or operator of a covered vessel or facility shall notify the Secretary in writing immediately of any significant change affecting any response plan approved for the vessel or facility under this chapter, including changes in any factor set forth in this section or regulations prescribed under this section. The Secretary may require the owner or operator to update a response plan as a result of these changes. ``(e) A holder of an approved response plan shall not be considered to have violated the terms of the response plan by furnishing to another person having a response plan approved under this chapter, after notifying the Secretary, equipment, materials or personnel to assist the other person in a response to an oil discharge. ``(f) The Secretary may impose any reasonable term or condition on approval or modification of a response plan under this chapter that the Secretary determines is necessary to ensure that the applicant-- ``(1) has access to sufficient resources to protect environmentally sensitive areas and to prevent, contain, clean up and mitigate potential oil discharges from the vessel to which the plan applies; ``(2) maintains personnel levels sufficient to carry out emergency operations; and ``(3) complies with the response plan. ``(g) The Secretary may not approve or renew a response plan under this chapter unless the plan ensures the use by the applicant of the best technology available at the time the response plan was submitted or renewed. ``(h) The Secretary may require an applicant or a holder of an approved response plan to take steps necessary to demonstrate its ability to carry out the response plan, including-- ``(1) periodic training; ``(2) response team exercises; and ``(3) verification of access to inventories of equipment, supplies, and personnel identified as available in the response plan. ``(i)(1) The Secretary may delegate to a State the authority to approve response plans under this chapter for vessel operations in that State, to the extent that the laws of the State establish response plan requirements that are substantially similar to requirements established by the Secretary under section 4804 of this title. ``(2) This subsection does not authorize the Secretary to delegate to a State the authority to regulate vessel design, construction, equipment, manning, training, or operational requirements. ``(j) The approval of a response plan by the Secretary does not constitute an express assurance regarding the adequacy of the plan or constitute a defense to liability imposed under Federal or State law.''. SEC. 3. LIMITS OF LIABILITY AND CERTIFICATES OF FINANCIAL RESPONSIBILITY FOR NONTANK VESSELS. Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2703) is amended-- (1) by striking ``$600'' and inserting ``$806''; and (2) by striking ``$500,000'' and inserting ``$672,000''. SEC. 4. VOYAGE DATA RECORDERS. Section 3305 of title 46, United States Code, is amended by adding at the end the following: ``(d)(1) A passenger vessel, small passenger vessel, and freight vessel (including a foreign vessel) to which this paragraph applies shall be equipped with a voyage data recorder of a type prescribed by the Secretary. In prescribing the type of voyage data recorder for a vessel, the Secretary shall consider the type, size, and characteristics of the vessel. ``(2) Paragraph (1) of this subsection applies as follows: ``(A) To any small passenger vessel certified by the Secretary to carry more than 100 passengers, a high speed commercial vessel, or a passenger vessel built after June 30, 2002. ``(B) On and after June 30, 2002, to any roll-on-roll-off passenger vessel on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2000. ``(C) On and after January 1, 2004, to any passenger vessel or small passenger vessel on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002. ``(D) On and after January 1, 2004, to any freight vessel of 20,000 or more gross tons, if the vessel was built after June 30, 2002. ``(E) On and after January 1, 2006, to any freight vessel of 3,000 or more gross tons and less than 20,000 gross tons, if the vessel was built after June 30, 2002. ``(F) On and after January 1, 2007, to any freight vessel of 20,000 or more gross tons on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002. ``(G) On and after January 1, 2009, to any freight vessel of 3,000 or more gross tons and less than 20,000 gross tons, on an international voyage (including a voyage-to-nowhere), if the vessel was built before July 1, 2002.''. SEC. 5. INVESTIGATIONS OF CASUALTY RESPONSE. Section 6301 of title 46, United States Code, is amended-- (1) by inserting ``, and responses to those casualties,'' after ``marine casualties''; and (2) in paragraph (6) by inserting ``or improve the response to future casualties'' after ``recurrence of the casualty''. SEC. 6. AUTOMATED INFORMATION SYSTEM. (a) Transponder Requirement.-- (1) In general.--Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system, in accordance with regulations prescribed by the Secretary of Transportation: (A) Vessels subject to Public Law 92-63. (B) Small passenger vessels carrying more than a number of passengers determined by the Secretary of Transportation. (C) Towing vessels while towing astern or pushing ahead or alongside, except commercial assistance towing vessels rendering assistance to disabled small vessels. (2) Exemption.--The Secretary may exempt a vessel from paragraph (1) if the Secretary finds that a transponder is not necessary for the safe navigation of the vessel on the waters on which the vessel operates. (b) Regulations.--The Secretary of Transportation shall issue regulations implementing subsection (a), including requirements for the operation and maintenance of transponders required under subsection (a). (c) Application.--Subsection (a) shall apply as follows: (1) On and after July 1, 2002, to-- (A) vessels built after that date; and (B) vessels operating within the geographic boundaries of a Vessel Traffic Service. (2) On and after July 1, 2003, to-- (A) passenger vessels; (B) tankers; and (C) towing vessels engaged in moving a tank vessel. (3) On and after July 1, 2005, to all other vessels. SEC. 7. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS. (a) Prohibition.--The Port and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following: ``SEC. 15. AUTHORITY TO PROHIBIT LOADING AND UNLOADING OF VESSELS. ``The Secretary may prohibit the loading or unloading of a vessel in any port or place subject to the jurisdiction of the United States if the vessel is registered in a country that the Secretary finds fails to adequately enforce safety standards prescribed by the International Maritime Organization.''. (b) Review.--Within one year after the date of enactment of this Act, the Secretary shall-- (1) determine the 5 countries having the greatest number of vessels registered in the country that were detained by the Coast Guard in 1999 for violation of a safety standard prescribed by the International Maritime Organization; and (2) review and report to the Congress regarding whether those countries have, since December 31, 1999, adequately enforced safety standards prescribed by such organization. (c) Innocent Passage and Transit Not Affected.--Nothing in this section is intended to prevent entry into waters subject to the jurisdiction of the United States by a vessel under an international agreement to which the United States is a party. SEC. 8. ELIMINATION OF SINGLE HULLS OVER BUNKER TANKS. The Secretary of Transportation shall propose to and seek to negotiate at the International Maritime Organization the elimination of single hull bunker tanks on commercial vessels capable of carrying more than 1,000 barrels of fuel on board. The proposal shall include-- (1) a requirement prohibiting the operation of any such vessel built after January 1, 2004, that has a single hull bunker tank; and (2) a phaseout schedule for such vessels built before that date that have a single hull bunker tank.

Increases the maximum liability of nontank vessels for oil spills to the greater of : (1) $806 (currently $600) per gross ton; or (2) $672,000 (currently $500,000). Requires any passenger vessel, small passenger vessel, and freight vessel (including a foreign vessel) subject to inspection to be equipped with a voyage data recorder of a type prescribed by the Secretary. Requires the Secretary to prescribe regulations for the immediate investigation of responses to marine casualties. Requires certain vessels, including small passenger and towing vessels, to be equipped with a position indicating transponder and an appropriate situation display or other device suitable for accessing information made available by the transponder system. Authorizes the Secretary to prohibit the loading or unloading of a vessel in any port or place subject to U.S. jurisdiction if the vessel is registered in a country that fails to adequately enforce safety standards prescribed by the International Maritime Organization (IMO). Requires the Secretary to report to Congress on: (1) the five such countries with the greatest number of registered vessels detained by the Coast Guard in 1999 for violation of such safety standards; and (2) whether those countries have, since December 31, 1999, adequately enforced such standards. Directs the Secretary to seek to negotiate at the IMO the elimination of single hull bunker tanks on commercial vessels capable of carrying more than 1,000 barrels of fuel on board.

Maritime Safety Act of 2000

SECTION 1. PURPOSE. The purpose of this Act is to establish the Trade Agreement Enforcement Commission to oversee the enforcement of worker rights provisions in trade agreements to which the United States is a party and in trade preference programs. SEC. 2. ESTABLISHMENT. (a) In General.--There is established the Trade Agreement Enforcement Commission (in this Act referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 15 members, who shall be appointed as follows from among persons in private life who have expertise in matters involving worker rights: (A) Four members shall be appointed by the Speaker of the House of Representatives, after consulting with the chairman of the Committee on Education and Labor and the chairman of the Committee on Ways and Means. (B) Three members shall be appointed by the minority leader of the House of Representatives, after consulting with the ranking member of the Committee on Education and Labor and the ranking member of the Committee on Ways and Means. (C) Four members shall be appointed by the majority leader of the Senate, after consulting with the chairman of the Committee on Health, Education, Labor, and Pensions and the chairman of the Committee on Finance. (D) Three members shall be appointed by the minority leader of the Senate, after consulting with the ranking member of the Committee on Health, Education, Labor, and Pensions and the ranking member of the Committee on Finance. (E) One member shall be appointed by the President. (2) Staggered terms.--(A) Each appointing authority referred to under subparagraphs (A) and (C) of paragraph (1) shall make the initial appointments on a staggered term basis, such that-- (i) 1 appointment shall be for a term expiring on December 31, 2009; (ii) 1 appointment shall be for a term expiring on December 31, 2010; and (iii) 2 appointments shall be for a term expiring on December 31, 2011. (B) Each appointing authority referred to under subparagraphs (B) and (D) of paragraph (1) shall make the initial appointments on a staggered term basis, such that-- (i) 1 appointment shall be for a term expiring on December 31, 2009; (ii) 1 appointment shall be for a term expiring on December 31, 2010; and (iii) 1 appointment shall be for a term expiring on December 31, 2011. (C) The President shall make the initial appointment under subparagraph (E) of paragraph (1) for a term expiring on December 31, 2010. (D) Each appointing authority under paragraph (1) shall make all subsequent appointments on an approximate 2-year term basis to expire on December 31 of the applicable year. (E) Each appointing authority under paragraph (1) shall make appointments not later than January 31 of the year in which the term of the member of the Commission is to begin. (3) Reappointment.--Members of the Commission may be reappointed for additional terms of service as members of the Commission. (4) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (c) Chairperson and Vice Chairperson.--The members of the Commission shall select a Chairperson and Vice Chairperson of the Commission from among the members of the Commission. (d) Meetings.-- (1) Meetings.--The first meeting of the Commission shall be held not later than 90 days after the initial appointments are made under subsection (b). Thereafter, the Commission shall meet at the call of the Chairperson of the Commission. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business of the Commission. (e) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. SEC. 3. DUTIES. (a) In General.--The Commission shall monitor, investigate, and report to Congress and the President on the enforcement by each trading partner of the United States of worker rights in the territory of the trading partner. (b) Specific Matters.--In carrying out subsection (a), the Commission shall do the following: (1) Monitor enforcement of worker rights in the territory of each trading partner of the United States. (2) Review enforcement activities, including complaints, claims, and petitions reviewed, of the United States Trade Representative, and the Office of Trade and Labor Affairs in the Bureau of International Affairs of the Department of Labor, with respect to violations of worker rights in the territory of trading partners of the United States. (3) With respect to trading partners of the United States that are violating worker rights, make recommendations that the Commission considers appropriate to the President, including-- (A) invoking dispute settlement procedures under the applicable trade agreement with a trading partner of the United States that is failing to enforce worker rights in the territory of that trading partner; (B) withdrawing trade preferences from a trading partner under the applicable trade agreement with the trading partner, or under the applicable trade preference program, as the case may be; (C) establishing an ombudsman in the territory of a trading partner that has engaged in a pattern of violations of worker rights or that has engaged in serious violations of worker rights, for the purpose of monitoring and investigating worker rights in those countries; or (D) taking such other actions as the Commission considers appropriate. (c) Annual Report.--Not later than June 1 of each year (beginning in 2009), the Commission shall submit to the Congress and the President a report on the enforcement by the trading partners of the United States of worker rights within the territories of such trading partners, including the recommendations for action, if any, under subsection (b)(3). If possible, the report shall include an analysis of the impact of any violations of workers rights in the territory of a trading partner on the economy of the United States and, in particular, on employment in the United States. (d) Report by the President.--The President shall report to the Congress, not later than 6 months after each report of the Commission is submitted under subsection (c), on the actions taken by the executive branch with respect to all issues addressed in the Commission's report, including whether, or the extent to which, the President has implemented any recommendations of the Commission with respect to the enforcement of worker rights. SEC. 4. POWERS. (a) Hearings.--The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable. (b) Information.--The Commission may request from any Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its duties under this Act. Upon the request of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (6) Foreign travel for official purposes.--Foreign travel for official purposes by members and staff of the Commission may be authorized by either the Chairperson or the Vice Chairperson of the Commission. (7) Applicability of certain pay authorities.--An individual who is a member of the Commission and is an annuitant or otherwise covered by section 8344 or 8468 of title 5, United States Code, by reason of membership on the Commission is not subject to the provisions of section 8344 or 8468 (whichever is applicable) with respect to such membership. (e) Support Services.--The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (f) Federal Advisory Committee Act.--The provisions of the Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C. App.) shall apply to the activities of the Commission. SEC. 5. DEFINITIONS. In this Act: (1) Worker rights.--The term ``worker rights'' means, with respect to a trading partner-- (A) those provisions of the trade agreement between the United States and the trading partner that relate to worker rights in the territory of the trading partner, or (B) those provisions of law establishing the applicable trade preference program relating to worker rights in the territory of the trading partner, as the case may be. (2) Trade preference program.--The term ``trade preference program'' means a program established under the laws of the United States that provides trade preferences to countries that meet eligibility requirements set forth in the applicable law, including title V of the Trade Act of 1974, the Carribean Basin Economic Recovery Act, the African Growth and Opportunity Act, and the Andean Trade Preference Act. (3) Trading partner of the united states.--The term ``trading partner of the United States'' means-- (A) any country with which the United States has in effect a trade agreement providing for the reduction of tariff and nontariff barriers between the two countries; and (B) any country that is a beneficiary country under a trade preference program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission for fiscal year 2009 and each fiscal year thereafter such sums as may be necessary to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the first day of the 111th Congress.

Establishes the Trade Agreement Enforcement Commission to oversee enforcement of worker rights provisions in: (1) trade agreements between the United States and other countries; and (2) trade preference programs.

To create a Trade Agreement Enforcement Commission.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Rural Alaska Access Rights Act of 1999''. SEC. 2. AMENDMENT OF ACT. The Alaska National Interest Lands Conservation Act (Public Law 96- 487; 94 Stat. 2371) is amended as follows: (a) Section 101 is amended by adding a new subsection (e) as follows: ``(e) All Federal public land managers in Alaska, or a region that includes Alaska, shall participate in an Alaska National Interest Lands Conservation Act (ANILCA) training class, as outlined in this legislation, to be completed within 120 days after enactment. All future appointed Federal public land managers in Alaska, or a region containing Alaska, shall complete ANILCA training within 60 days of assuming their position.''. (b) Section 103(c) is amended by inserting ``validly selected or'' in the second sentence before the word ``conveyed''. (c) In section 1102, add a new subsection (5) at the end as follows: ``(5) The term `compatible with the uses for which the unit was established' means activities which would not cause significant adverse impacts on conservation system units purposes.''. (d) Section 1105 is amended by designating the existing language as subsection (a) and inserting a new subsection (b) as follows: ``(b) any alternative route that may be identified by the head of the Federal agency shall not be less economically feasible and prudent than the route being sought by the applicant.''. (e) Section 1109 is amended by deleting ``access.'' and inserting in lieu thereof: ``access, including rights-of-way established under Revised Statute 2477.''. (f) The second sentence of section 1110(a) is amended by adding ``specifically and tangibly'' before the word ``detrimental''. (g) The second sentence in section 1110(a) is amended by striking ``area'' and inserting in lieu thereof: ``area: except that (1) reasonable regulations shall not include any requirements for the demonstration of pre-existing use and (2) the Secretary shall limit any prohibitions to the smallest area practicable and to the shortest period of time. No prohibition may be imposed prior to formal consultation with and consideration of the views of the State of Alaska.''. (h) The last sentence of section 1110(b) is amended by inserting ``may include easements, right-of-way, or other interests in land or permits and'' after ``such rights''. (i) In the last sentence of section 1110(b), strike ``lands.'' and insert in lieu thereof: ``lands, except that the Secretary may not impose any unreasonable fees or charges on those seeking to exercise their rights under this subsection. Individuals or entities possessing rights under this subsection shall not be subject to the requirement of sections 1104, 1105, 1106, and 1107 of this Act.''. (j) Section 1301(d) is amended by striking ``permit'' in the final sentence and inserting in lieu thereof ``shall enable''. (k) Section 1303(a)(1)(D) is amended by striking ``located.'' and inserting in lieu thereof: ``located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.''. (l) Section 1303(a)(2)(D) is amended by striking ``located.'' and inserting in lieu thereof: ``located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.''. (m) Section 1303(b)(3)(D) is amended by striking ``located.'' and inserting in lieu thereof: ``located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.''. (n) Section 1303 is amended by adding a new subsection (e) as follows: ``(e)(1) All permits, permit renewals, or renewal or continuation of valid leases issued pursuant to this section shall provide for repair, maintenance, and replacement activities and may authorize alterations to cabins and similar structure that do not constitute a significant impairment of unit purposes. Reasonable access, including access by aircraft, shall be afforded to permittees and lessees for these purposes. ``(2) Fees for all permits and leases issued pursuant to this section shall be reasonable and consistent with purpose of maintaining and facilitating authorized use. Reasonable fees are those that enable the issuing agency to recover and may not exceed permit or lease processing costs. ``(3) For purposes of this section, a claimant shall include persons who have regularly used a cabin related to the provision of authorized fishing or hunting services.''. (o) Section 1307 (a) is amended by adding a new sentence at the end as follows: ``Inability to provide the service for up to a five year period shall not constitute a relinquishment of a right under this section.''. (p) Section 1313 is amended by adding at the end of the first sentence: ``A purpose of all preserve units is to provide for fish and wildlife dependent recreation including fishing and hunting.''. (q) Section 1314 (c) is amended by striking ``law.'' at the end of the first sentence and inserting the following: ``law except that the taking of fish and wildlife for sport as well as subsistence purposes shall be permitted on each unit of the Refuge system in Alaska. The Secretary may designate zones where and periods when no hunting, fishing, and trapping may be permitted for reasons of public safety, administration, floral and faunal protection, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate state agency having responsibility over hunting, fishing, and trapping.''. (r) Section 1315 is amended by adding a new subsection ``(g)'' as follows: ``(g) Notwithstanding any other provision of law, within National Forest Wilderness Areas and National Forest Monument areas as designated in this Act, the Secretary of Agriculture shall permit or otherwise regulate helicopter use and landings.''. (s) Section 1316 (a) is amended in the first sentence by deleting ``equipment'' and inserting in lieu thereof: ``equipment, including motorized and mechanical equipment,''. (t) Section 1316 (a) is amended in the second sentence by striking ``consistent with the protection'' and inserting in lieu thereof: ``not inconsistent with the conservation''. (u) Section 1316 (a) is amended by striking ``permittee.'' in the last sentence and inserting in lieu thereof: ``permittee except that structures and facilities may be allowed to stand from season to season.''. (v) Section 1316 (b) is amended by inserting ``significantly'' before the word ``detrimental''. (w) Section 1317 (c) is amended by deleting ``section.'' and inserting in lieu thereof: ``section except that the Secretary shall not establish management directives, guidelines, policies or prescriptions for the purpose of administering any study area to preserve Wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.''. (x) Section 1319 is amended by designating the existing text as subsection ``(a)'' and adding the following subsection (b): ``(b) Nothing in this Act shall be construed as limiting or restricting the power and authority of the State of Alaska except as expressly provided herein.''. (y) The first sentence of Section 1326 (a) is amended by striking ``withdraws'' in the first sentence and inserting in lieu thereof: ``withdraws, redesignates or reclassifies into a different or additional land management category''.

Rural Alaska Access Rights Act of 1999 - Amends the Alaska National Interest Lands Conservation Act to: (1) require all Federal public land managers in Alaska, or a region that includes Alaska, to participate in an Alaska National Interest Lands Conservation Act (ANILCA) training class, and for future Alaska public land managers to complete ANILCA training; (2) require any alternative route across Alaska public lands chosen by the head of a Federal agency to be no less economically feasible and prudent than the route being sought by an applicant; (3) provide that nothing in such Act shall be construed to adversely affect rights-of-way established under Revised Statute 2477; (4) provide that reasonable regulations governing transportation across Alaska public lands shall not include any requirements for the demonstration of pre-existing use (requiring the Secretary of the Interior (Secretary) to limit any access prohibitions to the smallest area practicable and the shortest period of time); (5) allow the Secretary to grant easements and rights-of-way to private landholders across Alaska public lands for economic and other purposes; (6) prohibit the Secretary from imposing unreasonable fees or charges for those seeking to exercise such access rights; (7) require (currently permits) the Secretary to enable specified officials to participate in the development of an Alaska National Park System (System) conservation and management plan; (8) state that a current occupier of a cabin or other structure on System lands may not be required to waive, forfeit, or relinquish any possessory or personal interest therein; (9) authorize necessary repairs or minor alterations to such cabins or structures; (10) require fees for permits and leases to be reasonable and consistent with authorized uses; (11) include fish and wildlife dependent recreation as a purpose of Alaska national preserve units; (12) authorize the Secretary to designate zones where and periods when hunting, fishing, and trapping will be prohibited on Alaska public lands; (13) direct the Secretary of Agriculture to permit or regulate helicopter use and landings within Alaska National Forest Wilderness areas and Alaska National Forest Monument areas; and (14) prohibit the Secretary, on Alaska wilderness areas, from establishing management directives for administering any study area to preserve wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.

Rural Alaska Access Rights Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing School Capacity Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Researchers in the field of public health have identified the need for a national study to identify constraints encountered by schools of nursing in graduating the number of nurses sufficient to meet the health care needs of the United States. (2) The shortage of qualified registered nurses has adversely affected the health care system of the United States. (3) Individual States have had varying degrees of success with programs designed to increase the recruitment and retention of nurses. (4) Schools of nursing have been unable to provide a sufficient number of qualified graduates to meet the workforce needs. (5) Many nurses are approaching the age of retirement, and the problem worsens each year. (6) In 2004, an estimated 125,000 applications from qualified applicants were rejected by schools of nursing, due to a shortage of faculty and a lack of capacity for additional students. SEC. 3. STUDY WITH RESPECT TO CONSTRAINTS WITH RESPECT TO SCHOOLS OF NURSING. (a) In General.--The Secretary of Health and Human Services shall request the Institute of Medicine of the National Academy of Sciences to enter into an agreement under which the Institute conducts a study for the purpose of-- (1) identifying constraints encountered by schools of nursing in admitting and graduating the number of registered nurses necessary to ensure patient safety and meet the need for quality assurance in the provision of health care; and (2) developing recommendations to alleviate the constraints on a short-term and long-term basis. (b) Certain Components.--The Secretary shall ensure that the agreement under subsection (a) provides that the study under such subsection will include information on the following: (1) The trends in applications for attendance at schools of nursing that are relevant to the purpose described in such subsection, including trends regarding applicants who are accepted for enrollment and applicants who are not accepted, particularly qualified applicants who are not accepted. (2) The number and demographic characteristics of entry- level and graduate students currently enrolled in schools of nursing, the retention rates at the schools, and the number of recent graduates from the schools, as compared to previous years and to the projected need for registered nurses based on two-year, five-year, and ten-year projections. (3) The number and demographic characteristics of nurses who pursue graduate education in nursing and non-nursing programs but do not pursue faculty positions in schools of nursing, the reasons therefor, including any regulatory barriers to choosing to pursue such positions, and the effect of such decisions on the ability of the schools to obtain adequate numbers of faculty members. (4) The extent to which entry-level graduates of the schools are satisfied with their educational preparation, including their participation in nurse externships, internships, and residency programs, and to which they are able to effectively transition into the nursing workforce. (5) The satisfaction of nurse managers and administrators with respect to the preparation and performance levels of entry-level graduates from the schools after one-year, three- year, and five-years of practice, respectively. (6) The extent to which the current salary, benefit structures, and characteristics of the workplace, including the number of nurses who are presently serving in faculty positions, influence the career path of nurses who have pursued graduate education. (7) The extent to which the use of innovative technologies for didactic and clinical nursing education might provide for an increase in the ability of schools of nursing to train qualified nurses. (c) Recommendations.--Recommendations under subsection (a)(2) may include recommendations for legislative or administrative changes at the Federal or State level, and measures that can be taken in the private sector-- (1) to facilitate the recruitment of students into the nursing profession; (2) to facilitate the retention of nurses in the workplace; and (3) to improve the resources and ability of the education and health care systems to prepare a sufficient number of qualified registered nurses. (d) Methodology of Study.-- (1) Scope.--The Secretary shall ensure that the agreement under subsection (a) provides that the study under such subsection will consider the perspectives of nurses and physicians in each of the various types of inpatient, outpatient, and residential facilities in the health care delivery system; faculty and administrators of schools of nursing; providers of health plans or health insurance; and consumers. (2) Consultation with relevant organization.--The Secretary shall ensure that the agreement under subsection (a) provides that relevant agencies and organizations with expertise on the nursing shortage will be consulted with respect to the study under such subsection, including but not limited to the following: (A) The Agency for Healthcare Research and Quality. (B) The American Academy of Nursing. (C) The American Association of Colleges of Nursing. (D) The American Nurses Association. (E) The American Organization of Nurse Executives. (F) The National Institute of Nursing Research. (G) The National League for Nursing. (H) The National Organization for Associate Degree Nursing. (I) The National Student Nurses Association. (e) Report.--The Secretary shall ensure that the agreement under subsection (a) provides that not later than 18 months after the date of the enactment of this Act, a report providing the findings and recommendations made in the study under such subsection will be submitted to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Labor, Education, and Pensions of the Senate. (f) Other Organization.--If the Institute declines to conduct the study under subsection (a), the Secretary may enter into an agreement with another appropriate private entity to conduct the study. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 4. DEFINITIONS. For purposes of this Act: (1) The term ``Institute'' means the Institute of Medicine of the National Academy of Sciences. (2)(A) The term ``school of nursing'' means a collegiate, associate degree, or diploma school of nursing in a State. (B) The terms ``collegiate school of nursing'', ``associate degree school of nursing'', and ``diploma school of nursing'' have the meanings given to such terms in section 801 of the Public Health Service Act. (3) The term ``Secretary'' means the Secretary of Health and Human Services.

Nursing School Capacity Act of 2005 - Requires the Secretary of Health and Human Services to request that the Institute of Medicine of the National Academy of Sciences (NAS) conduct a study to: (1) identify constraints encountered by schools of nursing in admitting and graduating the number of registered nurses necessary to ensure patient safety and meet the need for quality assurance in the provision of health care; and (2) develop recommendations to alleviate the constraints on a short-term and long-term basis. Directs the Secretary to provide that the study consider the perspectives of: (1) nurses and physicians in inpatient, outpatient, and residential facilities; (2) faculty and administrators of nursing schools; (3) providers of health plans or health insurance; and (4) consumers.

To provide for a study by the Institute of Medicine of the National Academy of Sciences to identify constraints encountered by schools of nursing in admitting and graduating the number of nurses sufficient to meet the health care needs of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drone Federalism Act of 2017''. SEC. 2. PRESERVATION OF STATE, LOCAL, AND TRIBAL AUTHORITIES WITH RESPECT TO UNMANNED AIRCRAFT SYSTEMS. (a) Scope of Preemption for Civil Unmanned Aircraft Regulations.-- In prescribing regulations or standards related to civil unmanned aircraft systems, the Administrator shall-- (1) define the scope of the preemptive effect of such regulations or standards pursuant to section 40103 or 41713 of title 49, United States Code, which shall be limited to the extent necessary to ensure the safety and efficiency of the national airspace system for interstate commerce; and (2) preserve, to the greatest extent practicable, legitimate interests of State, local, and tribal governments, including-- (A) protecting public safety; (B) protecting personal privacy; (C) protecting property rights; (D) managing land use; and (E) restricting nuisances and noise pollution. (b) Reserved Powers.-- (1) In general.--In prescribing regulations or standards related to civil unmanned aircraft systems, the Administrator shall ensure that the authority of a State, local, or tribal government to issue reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system that is operated below 200 feet above ground level or within 200 feet of a structure is not preempted. (2) Reasonable restrictions.--For purposes of paragraph (1), reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system include the following: (A) Limitations on speed. (B) Prohibitions or limitations on operations in the vicinity of schools, parks, roadways, bridges, or other public or private property. (C) Restrictions on operations at certain times of the day or week or on specific occasions such as during parades or sporting events. (D) Prohibitions on operations while the operator is under the influence of drugs or alcohol. (E) Prohibitions on careless or reckless operations. (F) Other prohibitions that protect public safety, personal privacy, or property rights, or that manage land use or restrict noise pollution. SEC. 3. PRESERVATION OF PRIVATE PROPERTY RIGHTS. (a) Affirmation of Applicability of Constitutional Takings Clause to Federal Aviation Administration Regulations.--In prescribing regulations or standards related to civil unmanned aircraft systems, the Administrator shall not authorize the operation of a civil unmanned aircraft in the immediate reaches of the airspace above property without permission of the property owner. (b) Affirmation of Applicability of Constitutional Takings Clause Absent Federal Aviation Administration Regulations.--Section 336(a) of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) when flown in the immediate reaches of the airspace above property (as defined in section 3(c) of the Drone Federalism Act of 2017), the operator has the permission of the property owner.''. (c) Definition.--In this section, the term ``immediate reaches of the airspace above property'', with respect to the operation of a civil unmanned aircraft system, includes-- (1) any area within 200 feet above the ground level of the property; (2) any area within 200 feet above any structure on the property; and (3) any area where operation of the aircraft system could interfere with the enjoyment or use of the property. SEC. 4. PILOT PROGRAM ON FEDERAL PARTNERSHIPS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Administrator shall enter into agreements with not more than 10 State, local, or tribal governments to establish pilot programs under which-- (1) the Administrator shall provide technical assistance to such governments in regulating the operation of civil unmanned aircraft systems, including through the use of the latest available technologies; and (2) the Administrator and such governments shall coordinate efforts with respect to the enforcement of regulations relating to the operation of civil unmanned aircraft systems. (b) Selection.--In selecting among State, local, and tribal governments for purposes of establishing pilot programs under subsection (a), the Administrator shall seek to enter into agreements with-- (1) governments that vary in their size and intended approach to regulation of civil unmanned aircraft systems; and (2) not less than one State government, not less than one county government, not less than one city government, and not less than one tribal government. (c) Unmanned Aircraft Systems Traffic Management System.--The Administrator shall coordinate with Administrator of the National Aeronautics and Space Administration to ensure that participants in pilot programs established under subsection (a) are consulted in the development of the unmanned aircraft systems traffic management system under subsection (a) section 2208 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190; 49 U.S.C. 40101 note) and the pilot program under subsection (b) of that section. (d) Report Required.--Not later than 2 years after establishing the pilot programs required by subsection (a), the Administrator shall submit to Congress, and make available to the public, a report identifying best practices for State, local, and tribal governments to regulate the operation of civil unmanned aircraft systems and to collaborate with the Federal Aviation Administration with respect to the regulation of such systems. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed-- (1) to diminish or expand the preemptive effect of the authority of the Federal Aviation Administration with respect to manned aviation; or (2) to affect the civil or criminal jurisdiction of-- (A) any Indian tribe relative to any State or local government; or (B) any State or local government relative to any Indian tribe. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Civil.--The term ``civil'', with respect to an unmanned aircraft system, means that the unmanned aircraft is not a public aircraft (as defined in section 40102 of title 49, United States Code). (3) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (4) Local government.--The term ``local'', with respect to a government, means the government of a subdivision of a State. (5) State.--The term ``State'' means each of the several States, the District of Columbia, and the territories and possessions of the United States. (6) Tribal government.--The term ``tribal'', with respect to a government, means the governing body of an Indian tribe. (7) Unmanned aircraft; unmanned aircraft system.--The terms ``unmanned aircraft'' and ``unmanned aircraft system'' have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).

Drone Federalism Act of 2017 This bill requires the Federal Aviation Administration, in prescribing regulations or standards related to unmanned aircraft systems, to: define, and limit the scope of, the preemptive effect of such regulations or standards; preserve the legitimate interests of state, local, and tribal governments (e.g., protecting public safety); preserve state, local, and tribal authority to issue certain reasonable restrictions on the operation of a civil unmanned aircraft system within 200 feet of the ground or a structure; authorize, only with a property owner's permission, the operation of a civil unmanned aircraft in the immediate reaches of the airspace above private property; and establish pilot programs with state, local, and tribal governments to regulate the operation of civil unmanned aircraft systems, coordinate enforcement efforts with respect to such regulations, and identify best practices.

Drone Federalism Act of 2017

SECTION 1. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS. Title VI of the Public Utility Regulatory Policies Act of 1978 is amended by adding after section 604 the following new section: ``SEC. 605. NATIONAL ELECTRIC SYSTEM PUBLIC BENEFITS FUND. ``(a) Purpose.--The purpose of this section is to provide for a National Electric System Public Benefits Fund, administered by the National Electric System Public Benefits Board, to provide matching funds to States for the support of eligible public purpose programs. ``(b) Definitions.--For purposes of this section: ``(1) The term `Board' means the National Electric System Public Benefits Board established under this section. ``(2) The term `eligible public purpose program' means a program that supports-- ``(A) conservation and energy efficiency and renewable energy, ``(B) universal and affordable service, or ``(C) research and development that supports such purposes, and that is designated by the Board as eligible to receive funding under this section. ``(3) The term `matching funds' means an equal distribution of State funds and funds made available as provided in this section. ``(4) The `Secretary' means the Secretary of Energy. ``(5) The terms `State commission' and `transmitting utility' have the meanings provided for such terms by the Federal Power Act. ``(6) The term `renewable energy' means electricity generated from nontoxic organic waste, biomass, dedicated energy crops, landfill gas, geothermal, solar, tidal or wind resources, except that such term does not include electricity generated from the incineration of municipal solid waste. ``(7) The term `energy efficiency' means programs and measures designed to cost-effectively improve the efficiency of end-use electricity consumption, considering all costs of electricity generation, transmission, distribution, and consumption on a life-cycle basis. For purposes of this section, eligible energy efficiency programs and measures shall include efforts to transform markets in end-use equipment, to develop and implement codes and standards, to provide technical support and information to consumers, and to provide financing and financial support for the acquisition of efficient end use equipment. ``(9) A program that supports `universal and affordable service' is any program that promotes high quality and reliable electric service at just, reasonable, and affordable rates for low income consumers and those in rural, insular, or high cost areas. ``(c) National Electric System Public Benefits Board.--(1) A National Electric System Public Benefits Board shall be established to carry out the functions and responsibilities specified in this section. ``(2) The Board shall be composed of 3 persons who are officers or employees of the United States, and 4 State commissioners nominated by the national organization of the State commissions and appointed by the Secretary. The Secretary shall appoint one member of the Board to serve as Chairman. ``(3) Within 180 days after the enactment of this Act, the Secretary shall promulgate a final rule containing the rules and procedures of the Board, including the rules and procedures for selecting a non-Federal fiscal agent under subsection (e). The Secretary shall have oversight responsibilities over the Board. ``(d) Contributions.--Each owner or operator of an electric power generation facility shall, as a condition of transmitting power to any transmitting utility, contribute funds (based on the kilowatt hours transmitted) in such amounts as shall be determined by the Board to be necessary to generate revenues in each calendar year equal to \1/2\ of the aggregate cost of carrying out the eligible public purpose programs that meet the criteria established by the Board under subsection (e) for receipt of funding for that calendar year. Such contributions shall not exceed 2 mills per kilowatt hour. Each transmitting utility receiving electricity from a generator shall collect such contributions and transfer the contributions to the fiscal agent designated under subsection (e) at the end of each month in which contributions are made. ``(e) Public Benefits Program.--(1) Within 90 days after the promulgation of the Secretary's rules under subsection (c)(3), the Board shall institute a proceeding to establish regulations governing creation and administration of a Public Benefits Program. Such regulations shall include criteria for the eligibility of the State public service programs for support under the Program. The Board shall enter into arrangements with a non-Federal fiscal agent who shall be authorized to receive the contributions made under subsection (d) and to disburse such contributions as provided in subsection (f). The Board shall prepare a recommended decision for prompt review and approval by the Secretary. ``(2) Any State may establish one or more public purpose programs and apply for matching funding for such program or programs under the Public Benefits Program. A participating State may use matching funds received under this section only to support one or more eligible public purpose programs. The Board shall regularly audit the expenditures of matching funds received by a participating State under this section. ``(3) At no time is a State required, pursuant to this section, to participate in the Public Benefits program, nor may a State be required by the Board to fund a particular eligible public purpose program. ``(f) National Electric System Public Benefits.--(1) The fiscal agent shall distribute contributions received by the fiscal agent under subsection (d) to States (or entities designated by the States) under this subsection in accordance with the criteria established by the Board under subsection (e) to carry out eligible public purpose programs established by the States. A State seeking matching funds to carry out eligible public purpose programs shall apply for such funds no later than 3 months prior to the start of the calendar year. In its application, the State must certify that the moneys will be used for one or more eligible public purpose programs and must specify the amount of State support which is projected for the coming calendar year for the programs concerned. ``(2) Upon receipt of all State requests for matching funds submitted pursuant to paragraph (1) within the 3-month time period specified in paragraph (1), the Board shall calculate the funds necessary to match the level of projected States funds for eligible public purpose programs for the coming calendar year. ``(3) Following the calculation of the amount of matching funds required under paragraph (2) for all States for any calendar year, the Board shall communicate that amount to the fiscal agent. To the extent the matching funds requested by all States for a calendar year exceed the maximum projected revenues from the contributions under this section, the matching funds distributed to each State shall be reduced pro rata so that the percentage of State funds matched by funds provided under this section is the same for all States. ``(4) The fiscal agent shall distribute matching funds to the States (or to an entity or entities designated by the State to receive payments) in monthly payments to be used for eligible public purpose programs designated under subsection (f). All funds received shall be used only for the eligible public purpose programs designated by the State. ``(g) Existing Programs.--It is the sense of the Congress that the program established under this section shall not replace or supersede any other existing programs that support or encourage conservation and energy efficiency, renewable energy, universal and affordable service, or research and development.''.

Amends the Public Utility Regulatory Policies Act of 1978 to establish a National Electric System Public Benefits Fund, administered by the National Electric System Public Benefits Board to provide matching funds to States for the support of eligible public purpose programs. Confers oversight responsibility over the Board upon the Secretary of Energy. Requires each electric power generation facility owner or operator, as a condition of transmitting power to any transmitting utility, to contribute funds determined by the Board to be necessary to generate revenues in each calendar year equal to one-half of the aggregate cost of implementing certain public purpose programs. Requires the Board to institute a rulemaking proceeding governing creation and administration of a Public Benefits Program. Authorizes any State to establish one or more public purpose programs and apply for matching funds under the Public Benefits Program. Emphasizes State discretion to elect participation in such Program. Expresses the sense of the Congress that such Program shall not replace or supersede any other existing programs that support or encourage conservation and energy efficiency, renewable energy, universal and affordable service, or research and development.

To amend the Public Utility Regulatory Policies Act of 1978 to establish a means to support programs for electric energy conservation and energy efficiency, renewable energy, and universal and affordable service for electric consumers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Long-Term Care Enhancement Act of 1999''. SEC. 2. CONTINUUM OF CARE FOR VETERANS. (a) Inclusion of Noninstitutional Extended Care Services in Definition of Medical Services.--Section 1701 of title 38, United States Code, is amended-- (1) in paragraph (6)(A)(i), by inserting ``noninstitutional extended care services,'' after ``preventive health services,''; and (2) by adding at the end the following new paragraphs: ``(10) The term `noninstitutional extended care services' includes-- ``(A) home-based primary care; ``(B) adult day health care; ``(C) respite care; ``(D) palliative and end-of-life care; and ``(E) homemaker or home health aide visits. ``(11) The term `respite care' means hospital or nursing home care which-- ``(A) is of limited duration; ``(B) is furnished on an intermittent basis to an individual who is suffering from a chronic illness and who resides primarily at home; and ``(C) is furnished for the purpose of helping the individual to continue residing primarily at home.''. (b) Assisted Living.--Subchapter II of chapter 17 of such title is amended by adding at the end the following new section: ``Sec. 1720F. Assisted living ``(a) The Secretary may, subject to subsection (b), provide assisted living services to a veteran who is eligible to receive care under section 1710 of this title and to the spouse of such veteran in connection with the provision of such services to such veteran. ``(b) The Secretary may not provide assisted living services under this section to a veteran eligible to receive care under section 1710(a)(3) of this title, or to a spouse of any veteran, unless such veteran or spouse agrees to pay the United States an amount equal to the cost, as determined in regulations prescribed by the Secretary, of the provision of such services. ``(c) For purposes of this section, the term `assisted living services' means services which provide personal care, activities, health-related care, supervision, and other assistance on a 24-hour basis within a residential or similar setting which-- ``(1) maximizes flexibility in the provision of such care, activities, supervision, and assistance; ``(2) maximizes the autonomy, privacy, and independence of an individual; and ``(3) encourages family and community involvement with the individual.''. (c) Conforming Amendments.--(1)(A) Section 1720 of such title is amended by striking subsection (f). (B) The section heading of such section is amended by striking ``; adult day health care''. (2) Section 1720B of such title is repealed. (d) Clerical Amendments.--The table of sections for chapter 17 of such title is amended-- (1) in the item relating to section 1720, by striking ``; adult day health care''; (2) by striking the item relating to section 1720B; and (3) by inserting after the item relating to section 1720E the following new item: ``1720F. Assisted living.''. SEC. 3. PILOT PROGRAMS RELATING TO LONG-TERM CARE OF VETERANS. (a) In General.--The Secretary of Veterans Affairs shall carry out three pilot programs for the purpose of determining the feasibility and practicability of a variety of methods of meeting the long-term care needs of eligible veterans. The pilot programs shall be carried out in accordance with the provisions of this section. (b) Locations of Pilot Programs.--(1) Each pilot program under this section shall be carried out at two Veterans Integrated Service Networks (VISNs) selected by the Secretary for purposes of this section. (2) The Secretary may not carry out more than one pilot program in any given Veterans Integrated Service Network. (c) Scope of Services Under Pilot Programs.--(1) The services provided under the pilot programs under this section shall include a comprehensive array of health care services and other services that meet the long-term care needs of veterans, including-- (A) inpatient long-term care in intermediate care beds, in nursing homes, and in domiciliary care facilities; (B) noninstitutional long-term care, including hospital- based primary care, adult day care, personal assistance services, respite care, and other community-based interventions and care; and (C) assisted living services for veterans and their families. (2) As part of the provision of services under the pilot programs, the Secretary shall also provide appropriate case management services. (3) In providing services under the pilot programs, the Secretary shall emphasize the provision of preventive care services, including screening and education. (d) Direct Provision of Services.--Under one of the pilot programs under this section, the Secretary shall provide long-term care services to eligible veterans directly through facilities and personnel of the Department of Veterans Affairs. (e) Provision of Services Through Cooperative Arrangements.--(1) Under one of the pilot programs under this section, the Secretary shall provide long-term care services to eligible veterans through a combination (as determined by the Secretary) of-- (A) services provided under cooperative arrangements with appropriate public and private non-Governmental entities, including community service organizations; and (B) services provided through facilities and personnel of the Department. (2) The consideration provided by the Secretary for services provided by entities under cooperative arrangements under paragraph (1)(A) shall be limited to the provision by the Secretary of appropriate in-kind services to such entities. (f) Provision of Services by Non-Department Entities.--(1) Under one of the pilot programs under this section, the Secretary shall provide long-term care services to eligible veterans through arrangements with appropriate non-Department entities under which arrangements the Secretary acts solely as the case manager for the provision of such services. (2) Payment for services provided to veterans under the pilot programs under this subsection shall be as follows: (A) By the medicare program or the medicaid program, but only-- (i) if the veterans concerned are entitled to benefits under such programs; and (ii) to the extent that payment for such services is provided for under such programs. (B) By the Department, to the extent that payment for such services is not otherwise provided for under subparagraph (A). (g) Data Collection.--As part of each pilot program under this section, the Secretary shall collect data regarding-- (1) the cost-effectiveness of such program, including any savings achieved under such program when compared with the medicare program, medicaid program, or other Federal program serving similar populations; (2) the quality of the services provided under such program; (3) the satisfaction of participating veterans, non- Department, and non-Government entities with such program; and (4) the effect of such program on the ability of veterans to carry out basic activities of daily living over the course of such veterans' participation in such program. (h) Reports.--(1) The Secretary shall annually submit to Congress a report on the pilot programs under this section. (2) Each report under paragraph (1) shall include the following: (A) A detailed description of activities under the pilot programs during the one-year period ending on the date of the report. (B) An evaluation of the data collected under subsection (g) during that period. (C) Any other matters regarding the programs that the Secretary considers appropriate. (i) Duration of Programs.--(1) The Secretary shall commence carrying out the pilot programs required by this section not later than 90 days after the date of the enactment of this Act. (2) The authority of the Secretary to provide services under the pilot programs shall cease on the date that is three years after the date of the commencement of the pilot programs under paragraph (1). (j) Definitions.--In this section: (1) The term ``eligible veteran'' means the following: (A) Any veteran entitled to hospital care and medical services under section 1710(a)(1) of title 38, United States Code. (B) Any veteran (other than a veteran described in subparagraph (A)) if the veteran is enrolled in the system of annual patient enrollment under section 1705 of title 38, United States Code. (2) The term ``long-term care needs'' means the need by an individual for any of the following services: (A) Personal care. (B) Nursing home and home health care services. (C) Habilitation and rehabilitation services. (D) Adult day care services. (E) Case management services. (F) Social services. (G) Assistive technology services. (H) Home and community based services, including assistive living.

Veterans' Long-Term Care Enhancement Act of 1999 - Includes noninstitutional extended care services within the definition of medical services authorized to be provided to eligible veterans. Authorizes the Secretary of Veterans Affairs to provide assisted living services to a veteran who is eligible to receive hospital, nursing home, and domiciliary care, and to the spouse of such veteran. Requires such veteran and spouse to agree to reimburse the United States for the cost of such care. Repeals provisions authorizing respite care for such veterans. Directs the Secretary to carry out three pilot programs to determine the feasibility and practicability of various methods of meeting the long-term care needs of eligible veterans. Requires each program to be carried out at two Veterans Integrated Service Networks. Requires services provided to include a comprehensive array of health care services and other services that meet such needs, including case management services. Directs the Secretary to emphasize the provision of preventive care services, including screening and education. Requires one pilot program to be carried out: (1) directly through facilities and personnel of the Department of Veterans Affairs; (2) through a combination of Department facilities and personnel and services provided under cooperative arrangements with public and private nongovernmental entities; and (3) through cooperative arrangements with non-Department entities. Outlines provisions concerning: (1) payment for services under the pilot programs; (2) required data collection; and (3) annual reports from the Secretary to Congress for the duration of the programs. Terminates such programs three years after their commencement.

Veterans' Long-Term Care Enhancement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Laboratory Technology Maturation Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. ESTABLISHMENT OF TECHNOLOGY MATURATION GRANT PROGRAM. (a) In General.--The Secretary shall establish the National Laboratory technology maturation program under which the Secretary shall make grants to National Laboratories for the purpose of increasing the successful transfer of technologies licensed from National Laboratories to small business concerns by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. (b) Application for Grant From the Secretary.-- (1) In general.--Each National Laboratory that elects to apply for a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--In an application submitted under this subsection, a National Laboratory shall describe how the National Laboratory will-- (A) manage a technology maturation program; (B) encourage small business concerns, with an emphasis on businesses in the region in which the National Laboratory is located, to participate in the technology maturation program; (C) select small business concerns and technologies to participate in the technology maturation program using a selection board (referred to in this section as the ``selection board'') made up of technical and business members, including venture capitalists and investors; and (D) measure the results of the program and the return on investment, including-- (i) the number of technologies licensed to small business concerns; (ii) the number of new small business concerns created; (iii) the number of jobs created or retained; (iv) sales of the licensed technologies; (v) the change in average salaries paid by the participating small business concerns; and (vi) any additional external investment attracted by participating small business concerns. (c) Maximum Grant.--The maximum amount of a grant received by a National Laboratory under subsection (a) shall be $5,000,000 for each fiscal year. (d) Vouchers to Small Business Concerns From National Laboratories.-- (1) In general.--A National Laboratory receiving a grant under subsection (a) shall use the grant funds to provide vouchers to small business concerns that hold a technology license from a National Laboratory to pay the cost of providing assistance from scientists and engineers at the National Laboratory to assist in the development of the licensed technology and further develop related products and services until the products and services are market-ready or sufficiently developed to attract private investment. (2) Use of voucher funds.--A small business concern receiving a voucher under paragraph (1) may use the voucher-- (A) to gain access to special equipment or facilities at the National Laboratory that awarded the voucher; (B) to partner with the National Laboratory on a commercial prototype; and (C) to perform early-stage feasibility or later- stage field testing. (3) Eligible projects.--A National Laboratory receiving a grant under subsection (a) may provide a voucher to small business concerns and partnerships between a small business concern and an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) for projects-- (A) involving-- (i) commercial prototypes; (ii) scale-up and field demonstrations; or (iii) other activities that move the technology closer to successful commercialization; and (B) that do not exceed 1 year. (4) Application for voucher from national laboratory.--Each small business concern that holds a technology license from a National Laboratory that elects to apply for a voucher under paragraph (1) shall submit an application to the selection board at such time, in such manner, and containing such information as the selection board may reasonably require. (5) Criteria.--The selection board may award vouchers based on-- (A) the technological and commercial viability of the project for commercial success; (B) a significant opportunity for new company formation or growth of an existing company in the region in which the National Laboratory is located; (C) access to a strong, experienced business and technical team; (D) clear, market-driven milestones for the project that connect to an ability to leverage matching funds from other sources; (E) a clear path for commercialization; (F) identification of a profitable market; (G) the potential to enhance the technology-driven economy of the region in which the National Laboratory is located; (H) availability and source of matching funds for the project; and (I) compatibility with the mission of the National Laboratory. (6) Maximum voucher.--The maximum amount of a voucher received by a small business concern under paragraph (1) shall be $250,000. (7) Progress tracking.-- (A) In general.--The National Laboratory that awards a voucher to carry out a project under paragraph (1) shall establish a procedure to monitor interim progress of the project toward commercialization milestones. (B) Termination of voucher.--If the National Laboratory determines that a project is not making adequate progress toward commercialization milestones under the procedure established pursuant to subparagraph (A), the project shall not continue to receive funding or assistance under this subsection. SEC. 4. ANNUAL REPORT. (a) In General.--Each National Laboratory receiving a grant under section 3 shall submit to the Secretary an annual report, at such time and in such manner as the Secretary may reasonably require. (b) Contents of Report.--The report submitted under subsection (a) shall-- (1) include a list of each recipient of a voucher and the amount of each voucher awarded; and (2) provide an estimate of the return on investment, including-- (A) the number of technologies licensed to small business concerns; (B) the number of new small business concerns created; (C) the number of jobs created or retained; (D) sales of the licensed technologies; (E) the change in average salaries paid by the participating small business concerns; and (F) any additional external investment attracted by participating small business concerns. SEC. 5. FINAL REPORT. Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Science, Space, and Technology of the House of Representatives a report on the results of the program established under section 3, including-- (1) the return on investment; and (2) any recommendations for improvements to the program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2015 through 2019.

National Laboratory Technology Maturation Act of 2014 - Requires the Secretary of Energy (DOE) to establish the National Laboratory technology maturation program to make grants of up to $5 million per fiscal year to National Laboratories to increase the successful transfer of technologies licensed from National Laboratories to small businesses by providing a link between an innovative process or technology and a practical application with potential to be successful in commercial markets. Requires grant recipients to use the funds to provide vouchers of up to $250,000 each to small businesses that hold a technology license from a National Laboratory to pay the cost of providing assistance from its scientists and engineers to assist in the development of the licensed technology and further develop related products and services until they are market-ready or sufficiently developed to attract private investment. Requires a National Laboratory that awards a voucher to carry out such a project to: (1) establish a procedure to monitor interim progress of the project toward commercialization milestones, and (2) discontinue providing such funding or assistance if it determines that a project is not making adequate progress toward such milestones under the procedure.

National Laboratory Technology Maturation Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Marine Shipping Assessment Implementation Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States is an Arctic nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area defined as Arctic by temperature, which includes the Bering Sea and Aleutian Islands. (2) The Arctic region of the United States-- (A) is home to an indigenous population which has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region; (B) is known to the indigenous population as Inuvikput or the ``place where we live''; and (C) has produced more than 16,000,000,000 barrels of oil and, according to the United States Geological Survey, may hold an additional 30,000,000,000 barrels of oil and 220,000,000,000,000 cubic feet of natural gas, making the region of fundamental importance to the national interest of the United States. (3) Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average. (4) The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years. (5) Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend. (6) Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. (7) It is in the interests of the United States to work with the State of Alaska and the United States neighbors in the Arctic region to ensure that shipping in the Arctic Ocean and adjacent seas is safe for mariners, protective of the natural environment, including the air, land, water, and wildlife of the Arctic, and mindful of the needs of longstanding subsistence users of Arctic resources. (8) It is in the interests of the United States to ensure that shipping in the Arctic Ocean and adjacent seas is secure, that United States sovereign and security interests, including the freedom of navigation rights of United States and foreign vessels to transit international straits, are respected and protected, consistent with international and customary law, that access is provided throughout the Arctic Ocean for legitimate research vessels of all nations, and that peaceful relations are maintained in the Arctic region. (9) It is in the interests of the United States to cooperate to establish a system of international cooperation to support reliable shipping, with methods for joint investment in providing mariners aids to navigation, ports of refuge, vessel- to-shore communication, weather and ice forecasting, ship tracking and reporting, hydrographic mapping, and search and rescue capability. (10) The United States has continuing research, security, environmental, and commercial interests in the Arctic region that rely on the availability of polar class icebreakers of the Coast Guard that were commissioned in the 1970s and are in need of replacement. (11) Sovereign interests of the United States in the Arctic Ocean and Bering Sea regions may grow with submission of a United States claim for an extended continental shelf, pending the United States becoming a party to the United Nations Convention on the Law of the Sea, done at Montego Bay December 10, 1982. (12) Building new icebreakers, forward operating bases, aids to navigation, and other facilities, and establishing coordinated shipping regulations and oil spill prevention and response capability through international cooperation requires long lead times. (13) Beginning such efforts, with the completion of an Arctic Marine Shipping Assessment by the 8-nation Arctic Council, is essential to protect United States interests given the extensive current use of the Arctic Ocean and adjacent seas by vessels of many nations. SEC. 3. PURPOSE. The purpose of this Act is to ensure safe, secure, and reliable maritime shipping in the Arctic, including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. SEC. 4. DEFINITIONS. In this Act, the term ``Arctic'' has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). SEC. 5. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS. It is the sense of Congress that, to carry out the purpose of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, should work to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations with respect to-- (1) placement and maintenance of aids to navigation in waters of the Arctic; (2) improved navigational charts; (3) the monitoring of ocean conditions including wind, waves, and currents and the timely reporting of information about ice and weather conditions; (4) appropriate icebreaking escort, tug, and salvage capabilities; (5) oil spill prevention and response capability; (6) maritime domain awareness, including long-range vessel tracking and communications facilities; (7) search and rescue; and (8) facilities for ship generated waste. SEC. 6. COAST GUARD ARCTIC MISSION ANALYSIS. (a) Submission of Report Analysis to Congress.-- (1) Requirement for submission.--Not later than 90 days following the completion of the High Latitude Polar Ice- Breaking Mission Analysis Report, the Commandant of the Coast Guard shall submit to the appropriate committees of Congress-- (A) such report; and (B) consistent with section 93(a)(24) of title 14, United States Code, any recommendations of the Commandant related to such report. (2) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (b) Mission Requirements Analysis.-- (1) Mission requirements analysis.--Not later than 90 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall, subject to the availability of appropriations, execute a contract with an independent entity to-- (A) conduct an analysis of future mission requirements of the Coast Guard in the Arctic and Antarctic; and (B) estimate the necessary resources to provide for such requirements. (2) Submission of analysis and estimate.--Not later than 120 days after the date that the contract described in paragraph (1) is executed, the analysis and estimate described in subparagraph (A) and (B) of that paragraph shall be submitted to-- (A) the appropriate committees of Congress; (B) the Commandant of the Coast Guard; and (C) the Comptroller General of the United States. (3) Additional recommendations.--Not later than 90 days after the submission of the analysis and estimate described in paragraph (2)-- (A) the Commandant of the Coast Guard shall submit to the appropriate committees of Congress, consistent with section 93(a)(24) of title 14, United States Code, any recommendations of the Commandant related to such analysis and estimate; and (B) the Comptroller General shall submit to the appropriate committees of Congress any recommendations of the Comptroller General related to such analysis and estimate. (4) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 7. ARCTIC VESSEL TRAFFIC RISK ASSESSMENTS. (a) In General.--Pursuant to sections 4 and 5 of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1223 and 1224), the Commandant of the Coast Guard, in consultation with the appropriate Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)), shall prepare-- (1) not later than 2 years after the date of the enactment of this Act, a vessel traffic risk assessment for the Bering Strait, Alaska; and (2) not later than 3 years after the date of the enactment of this Act, a vessel traffic risk assessment for the Arctic Ocean waters adjacent to Alaska's North Slope. (b) Contents.--A vessel traffic risk assessment, prepared pursuant to subsection (a), shall describe for the Bering Strait or the Arctic Ocean, as appropriate-- (1) the amount and character of present and estimated future shipping traffic in the region; and (2) the current and projected use and effectiveness in reducing risk of-- (A) traffic separation schemes and routing measures; (B) long-range vessel tracking systems developed under section 70115 of title 46, United States Code; (C) towing, response, or escort tugs; (D) vessel traffic services; (E) emergency towing packages on vessels; (F) increased spill response equipment including equipment appropriate for severe weather and sea conditions; (G) the automatic identification system developed under section 70114 of title 46, United States Code; (H) particularly sensitive sea areas, important ecological areas, areas to be avoided, and other traffic exclusion zones; (I) aids to navigation; (J) vessel response plans, facility response plans, any other response plans that the Secretary deems necessary; and (K) area contingency plans and the effectiveness of the several response plans to support an area contingency plans. (c) Recommendations.-- (1) In general.--An assessment, prepared pursuant to this section, may include any appropriate recommendations to enhance the safety and security, or lessen potential adverse environmental impacts, of marine shipping. (2) Consultation.--Prior to making any recommendation described in paragraph (1), the Commandant of the Coast Guard, acting through the appropriate Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)), shall consult with affected Federal, State, and local government agencies, representatives of the fishing industry, Alaska Natives from the region, the conservation community, and the merchant shipping and oil transportation industries. SEC. 8. CENTRAL BERING SEA HARBOR OF REFUGE. (a) Consultation and Determination.--Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall consult with the Secretary of the Army to determine the viability of and the improvements necessary to make the harbor at St. George Island, Alaska, a fully functional harbor of refuge throughout the year to enhance safety of life at sea and protection from oil pollution in the Central Bering Sea. (b) Completion of Harbor.--Not later than 3 years after the date of the enactment of this Act, the Secretary of the Army shall complete the harbor at St. George Island, Alaska, including the improvements determined under subsection (a) and any engineering design needed for safe navigation. SEC. 9. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT. (a) Study.-- (1) In general.--The Commandant of the Coast Guard shall conduct a study on the feasibility and potential of establishing a deep water sea port in the Arctic to protect and advance strategic United States interests within the evolving and ever more important Arctic region. (2) Scope.--The study required under paragraph (1) shall address the following issues: (A) The capability that such a port would provide. (B) Potential and optimum locations for such a port. (C) Resources needed to establish such a port. (D) The time frame needed to establish such a port. (E) The infrastructure required to support such a port. (F) Any other issues the Secretary determines necessary to complete the study. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study conducted under subsection (a). SEC. 10. TRANSFER OF FUNDS FOR ICEBREAKING SERVICES. Notwithstanding any other provision of law, the Director of the National Science Foundation shall transfer all amounts provided pursuant to any Act for the procurement of polar icebreaking services to the United States Coast Guard Appropriation Accounts, and such amounts shall remain available until expended for operating expenses, renovation, and improvement. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of Homeland Security-- (1) $40,000,000 in fiscal year 2011 for the design of a new polar class icebreaker; (2) $800,000,000 for each of fiscal years 2011 and 2012 for the construction of 2 polar capable icebreakers; (3) $5,000,000 for each of fiscal years 2011 through 2015 for seasonal operations in the Arctic; (4) $10,000,000 for each of fiscal years 2012 through 2015 to carry out any agreements referred to in section 5; (5) $4,000,000, to remain available until expended, for a vessel traffic risk assessments to be conducted pursuant to section 7; and (6) $100,000,000 in each of the fiscal years 2011 through 2013 for the construction of forward operating bases, including aircraft hangar, bunk and mess facilities in Barrow, Nome, and Saint Paul Island, Alaska. (b) Hydrographic Services.--Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended by adding at the end the following new paragraphs: ``(7) To acquire hydrographic data, provide hydrographic services, and conduct coastal change analyses necessary to ensure safe navigation, and to improve the management of coastal change in the Arctic, $10,000,000 for each of fiscal years 2011 and 2012. ``(8) To acquire hydrographic data and provide hydrographic services in the Arctic necessary to delineate the United States extended continental shelf, $5,000,000 for each of fiscal years 2011 and 2012.''.

Arctic Marine Shipping Assessment Implementation Act of 2009 - Expresses the sense of Congress that the Secretary of State should work to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations with respect to navigation, monitoring of conditions, and marine pollution in waters of the Arctic. Requires the Commandant of the Coast Guard to: (1) submit the High Latitude Polar Ice-Breaking Mission Analysis Report to Congress, along with any recommendations related to it; (2) contract with an independent entity to analyze future mission requirements of the Coast Guard in the Arctic and Antarctic; and (3) prepare vessel traffic risk assessments for the Bering Strait, Alaska, and for the Arctic Ocean waters adjacent to Alaska's North Slope. Directs the Commandant to consult with the Secretary of the Army to determine the viability of making the harbor at St. George Island, Alaska, a fully functional harbor of refuge throughout the year to enhance safety of life at sea and protection from oil pollution in the Central Bering Sea. Directs the Secretary of the Army to complete the harbor at St. George Island, including such improvements and any engineering design needed for safe navigation. Requires a study on the feasibility and potential of establishing a deep water sea port in the Arctic to protect and advance U.S. strategic interests within the Arctic region. Requires the Director of the National Science Foundation to transfer all amounts provided pursuant to any Act for procurement of polar icebreaking services to the United States Coast Guard Appropriation Accounts, to remain available until expended for operating expenses, renovation, and improvement. Authorizes appropriations to: (1) the Department of Homeland Security for icebreaking operations, Arctic seasonal operations, vessel traffic risk assessments, and construction of bases in Barrow, Nome, and Saint Paul Island, Alaska; and (2) the National Oceanic and Atmospheric Administration (NOAA) for hydrographic data acquisition and services and coastal change analysis in the Arctic.

A bill to ensure safe, secure, and reliable marine shipping in the Arctic, including the availability of aids to navigation, vessel escorts, oil spill response capability, and maritime search and rescue in the Arctic, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Incentives for Fuel Efficient Vehicles Act of 2003''. SEC. 2. MODIFICATIONS TO GAS GUZZLERS TAX TO ENCOURAGE GREATER AUTO FUEL EFFICIENCY. (a) Increase in Tax Rate.--Subsection (a) of section 4064 of the Internal Revenue Code of 1986 (relating to gas guzzlers tax) is amended to read as follows: ``(a) Imposition of Tax.-- ``(1) In general.--There is hereby imposed on the sale by the manufacturer of each automobile a tax determined in accordance with the following table: If the fuel economy for the model year of the model type in which the automobile falls is: The tax is: Less than 5 mpg below the applicable fuel economy $0 standard. At least 5 but less than 6 mpg below such standard. 1,000 At least 6 but less than 7 mpg below such standard. 1,500 At least 7 but less than 8 mpg below such standard. 2,000 At least 8 but less than 9 mpg below such standard. 2,500 At least 9 but less than 10 mpg below such standard 3,100 At least 10 but less than 11 mpg below such 3,800 standard. At least 11 but less than 12 mpg below such 4,600 standard. At least 12 but less than 13 mpg below such 5,500 standard. At least 13 but less than 14 mpg below such 6,500 standard. At least 14 mpg below such standard................ 7,700. ``(2) Inflation Adjustment.-- ``(A) In general.--In the case of any taxable year beginning after 2005, each dollar amount referred to in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2004' for `1992'. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $50.''. (b) Expansion of Definition of Automobile.-- (1) Increase in weight.--Section 4064(b)(1)(A)(ii) of the Internal Revenue Code of 1986 (defining automobile) is amended by striking ``6,000 pounds'' and inserting ``12,000 pounds''. (2) Exception for certain vehicles.--Subparagraph (B) of section 4064(b)(1) of such Code is amended to read as follows: ``(B) Exception for certain vehicles.--The term `automobile' does not include-- ``(i) a vehicle which has a primary load carrying device or container attached, ``(ii) a vehicle which has a seating capacity of more than 12 persons, ``(iii) a vehicle which has a seating capacity of more than 9 persons behind the driver's seat, or ``(iv) a vehicle which is equipped with a cargo area of at least 6 feet in interior length which is an open area or is designed for use as an open area but is enclosed by a cap and is not readily accessible directly from the passenger compartment.''. (c) Additional Definitions.--Section 4064(b) of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new paragraphs: ``(8) Applicable fuel economy standard.--The term `applicable fuel economy standard' means, with respect to any model year, the average fuel economy standard as defined in section 32902 of title 49, United States Code, for passenger automobiles for such model year. ``(9) MPG.--The term `mpg' means miles per gallon.''. (d) Effective Date.--The amendments made by this section shall apply to sales after October 31, 2005. SEC. 3. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. HIGHLY FUEL-EFFICIENT AUTOMOBILE CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the new highly fuel-efficient automobile credit determined under subsection (b). ``(b) New Highly Fuel-Efficient Automobile Credit.--For purposes of subsection (a), the new highly fuel-efficient automobile credit with respect to any new automobile placed in service by the taxpayer during the taxable year is determined in accordance with the following tables: If the fuel economy for the model year of the model type in which the passenger automobile falls is: The credit is: Less than 5 mpg above the applicable fuel economy $0 standard. At least 5 but less than 6 mpg above such standard. 770 At least 6 but less than 7 mpg above such standard. 1,540 At least 7 but less than 8 mpg above such standard. 2,310 At least 8 but less than 9 mpg above such standard. 3,080 At least 9 but less than 10 mpg above such standard 3,850 At least 10 but less than 11 mpg above such 4,620 standard. At least 11 but less than 12 mpg above such 5,390 standard. At least 12 but less than 13 mpg above such 6,160 standard. At least 13 but less than 14 mpg above such 6,930 standard. At least 14 mpg above such standard................ 7,700. If the fuel economy for the model year of the model type in which the non-passenger automobile falls is: The credit is: Less than 5 mpg above the applicable fuel economy $0 standard. At least 5 but less than 6 mpg above such standard. 770 At least 6 but less than 7 mpg above such standard. 1,540 At least 7 but less than 8 mpg above such standard. 2,310 At least 8 but less than 9 mpg above such standard. 3,080 At least 9 but less than 10 mpg above such standard 3,850 At least 10 but less than 11 mpg above such 4,620 standard. At least 11 but less than 12 mpg above such 5,390 standard. At least 12 but less than 13 mpg above such 6,160 standard. At least 13 but less than 14 mpg above such 6,930 standard. At least 14 mpg above such standard................ 7,700. ``(c) New Automobile.--For purposes of this section, the term `new automobile' means a passenger automobile or non-passenger automobile-- ``(1) the original use of which commences with the taxpayer, ``(2) which is acquired for use or lease by the taxpayer and not for resale, and ``(3) which is made by a manufacturer. ``(d) Passenger Automobile; Non-Passenger Automobile.--For purposes of this section-- ``(1) Passenger automobile.--The term `passenger automobile' has the meaning given the term `automobile' by section 4064(b)(1). ``(2) Non-passenger automobile.-- ``(A) In general.--The term `non-passenger automobile' means any automobile (as defined in section 4064(b)(1)(A)), but only if such automobile is described in subparagraph (B). ``(B) Non-passenger automobiles described.--An automobile is described in this subparagraph if such automobile is-- ``(i) a vehicle which has a primary load carrying device or container attached, ``(ii) a vehicle which has a seating capacity of more than 12 persons, ``(iii) a vehicle which has a seating capacity of more than 9 persons behind the driver's seat, or ``(iv) a vehicle which is equipped with a cargo area of at least 6 feet in interior length which does not extend beyond the frame of the vehicle and which is an open area or is designed for use as an open area but is enclosed by a cap and is not readily accessible directly from the passenger compartment. ``(e) Other Definitions.--Except as provided in subsection (d), for purposes of this section, any term used in this section and also in section 4064 shall have the meaning given such term by section 4064. ``(f) Special Rules.--For purposes of this section-- ``(1) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(2) No double benefit.--The amount of any deduction or other credit allowable under this chapter with respect to an automobile described under subsection (b), shall be reduced by the amount of credit allowed under subsection (a) for such automobile for the taxable year. ``(3) Property used by tax-exempt entities.--In the case of a credit amount which is allowable with respect to an automobile which is acquired by an entity exempt from tax under this chapter, the person which sells or leases such automobile to the entity shall be treated as the taxpayer with respect to the automobile for purposes of this section and the credit shall be allowed to such person, but only if the person clearly discloses to the entity at the time of any sale or lease the specific amount of any credit otherwise allowable to the entity under this section. ``(4) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of an automobile). ``(5) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(6) Election to not take credit.--No credit shall be allowed under subsection (a) for any automobile if the taxpayer elects to not have this section apply to such automobile. ``(7) Interaction with air quality and motor vehicle safety standards.--Unless otherwise provided in this section, an automobile shall not be considered eligible for a credit under this section unless such automobile is in compliance with-- ``(A) the applicable provisions of the Clean Air Act for the applicable make and model year of the automobile (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), and ``(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(g) Regulations.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall promulgate such regulations as necessary to carry out the provisions of this section. ``(2) Coordination in prescription of certain regulations.--The Secretary of the Treasury, in coordination with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall prescribe such regulations as necessary to determine whether an automobile meets the requirements to be eligible for a credit under this section.''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 36(f)(1).''. (2) Section 6501(m) of such Code is amended by inserting ``36(f)(6),'' after ``30(d)(4),''. (3) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (4) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Highly fuel-efficient automobile credit. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after October 31, 2005, in taxable years ending after such date.

Tax Incentives for Fuel Efficient Vehicles Act of 2003 - Amends the Internal Revenue Code with respect to the (automotive) gas guzzler manufacturer excise tax to: (1) increase the weight of a covered automobile to12,000 pounds; (2) revise the excise tax table, including the addition of a model-year calculation criteria; (3) revise the exception to such coverage, including elimination of the exception based upon nonpassenger treatment under specified Department of Transportation rules; and (4) apply such provisions to sales after October 31, 2005.Establishes a highly fuel-efficient automobile credit for taxpayer purchases of a new passenger or nonpassenger automobile (as defined by this Act) that exceeds specified fuel economy ratings. Applies such credit to vehicles placed in service after October 31, 2005.

A bill to amend the Internal Revenue Code of 1986 to provide additional tax incentives for enhancing motor vehicle fuel efficiency, and for other purposes.

SECTION 1. SHORT TITLE. This title may be cited as the ``21st Century Media Responsibility Act of 2001''. SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA PRODUCTS. (a) Declaration of Policy.--Section 2 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331) is amended-- (1) by inserting ``(a) Policy Regarding Cigarettes.--'' before ``It is the policy of the Congress''; and (2) by adding at the end the following: ``(b) Policy Regarding Violence in Audio and Visual Media Products.--It is also the policy of Congress, and the purpose of this Act, to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products (including labeling of such products in the advertisements for such products), whereby-- ``(1) the public may be adequately informed of-- ``(A) the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages; and ``(2) the public may be assured of-- ``(A) the accuracy and consistency of the system in labeling the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) the accuracy and consistency of the system in providing information on matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages.''. (b) Labeling of Audio and Visual Media Products.--That Act is further amended by inserting after section 4 (15 U.S.C. 1333) the following new section: ``labeling of audio and visual media products ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products may submit to the Federal Trade Commission a joint proposal for a system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products. ``(2) The proposal under this subsection should, to the maximum extent practicable, meet the requirements set forth in subsection (b). ``(3)(A) The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement between or among manufacturers and producers referred to in paragraph (1) for purposes of developing a joint proposal for a system for labeling referred to in that paragraph. ``(B) For purposes of this paragraph, the term `antitrust laws' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ``(b) Requirements for Labeling System.--A system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products under this section shall meet the following requirements: ``(1) The label of a product or service shall consist of a single label which-- ``(A) takes into account the nature, context, and intensity of the depictions of violence in the product or service; and ``(B) assesses the totality of all depictions of violence in the product or service. ``(2) The label of a product or service shall specify a minimum age in years for the purchase, viewing, listening to, use, or consumption of the product or service in light of the totality of all depictions of violence in the product or service. ``(3) The format of the label for products and services shall-- ``(A) incorporate each label provided for under paragraphs (1) and (2); ``(B) include a symbol or icon, and written text; and ``(C) be identical for each given label provided under paragraphs (1) and (2), regardless of the type of product or service involved. ``(4) In the case of a product or service sold in a box, carton, sleeve, or other container, the label shall appear on the box, carton, sleeve, or container in a conspicuous manner. ``(5) In the case of a product or service that is intended to be viewed, the label shall-- ``(A) appear before the commencement of the product or service; ``(B) appear in both visual and audio form; and ``(C) appear in visual form for at least five seconds. ``(6) Any advertisement for a product or service shall include a label of the product or service in accordance with the applicable provisions of this subsection. ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the manufacturers and producers referred to in subsection (a) submit to the Federal Trade Commission a proposal for a labeling system referred to in that subsection not later than 180 days after the date of the enactment of the 21st Century Media Responsibility Act of 2001, the Commission shall review the labeling system contained in the proposal to determine whether the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(B) Not later than 180 days after commencing a review of the proposal for a labeling system under subparagraph (A), the Commission shall issue a labeling system for purposes of this section. The labeling system issued under this subparagraph may include such modifications of the proposal as the Commission considers appropriate in order to assure that the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(2)(A) If the manufacturers and producers referred to in subsection (a) do not submit to the Commission a proposal for a labeling system referred to in that subsection within the time provided under paragraph (1)(A), the Commission shall prescribe regulations to establish a labeling system for purposes of this section that meets the requirements set forth in subsection (b). ``(B) Any regulations under subparagraph (A) shall be prescribed not later than one year after the date of the enactment of the 21st Century Media Responsibility Act of 2001. ``(e) Prohibition on Sale or Distribution Without Label.-- Commencing one year after the date of the enactment of the 21st Century Media Responsibility Act of 2001, a person may not manufacture or produce for sale or distribution in commerce, package for sale or distribution in commerce, or sell or distribute in commerce any interactive video game product or service, video program product, motion picture product, or sound recording product unless the product or service bears a label in accordance with the labeling system issued or prescribed by the Federal Trade Commission under subsection (d) which-- ``(1) is appropriate for the nature, context, and intensity of the depictions of violence in the product or service; and ``(2) specifies an appropriate minimum age in years for purchasers and consumers of the product or service. ``(f) Prohibition on Sale in Violation of Age Restriction.-- Commencing one year after the date of the enactment of the 21st Century Media Responsibility Act of 2001, a person may not sell in commerce an interactive video game product or service, video program product, motion picture product, or sound recording product to an individual whose age in years is less than the age specified as the minimum age in years for a purchaser and consumer of the product or service, as the case may be, under the labeling system issued or prescribed by the Federal Trade Commission under subsection (d). ``(g) Investigations of Improper Labeling.--The Federal Trade Commission shall have the authority to receive and investigate allegations that an interactive video game product or service, video program product, motion picture product, or sound recording product does not bear a label under the labeling system issued or prescribed by the Commission under subsection (d) that is appropriate for the product or service, as the case may be, given the nature, context, and intensity of the depictions of violence in the product or service.''. (c) Civil Penalty.--That Act is further amended by inserting after section 10 (15 U.S.C. 1338) the following new section: ``civil penalty ``Sec. 10A. (a) In General.--Any person who violates subsection (e) or (f) of section 4A shall be subject to a civil penalty in an amount not to exceed $10,000 for each such violation. ``(b) Duration of Violation.--In the case of an interactive video game product or service, video program product, motion picture product, or sound recording product determined to violate section 4A(e), each day from the date of the commencement of sale or distribution of the product or service, as the case may be, to the date of the determination of the violation shall constitute a separate violation of subsection (a), and all such violations shall be aggregated together for purposes of determining the total liability of the manufacturer or producer of the product or service, as the case may be, for such violations under that subsection.''. (d) Short Title of Act.--The first section of that Act (15 U.S.C. 1331 note) is amended to read as follows: ``That this Act may be cited as the `Federal Cigarette and Media Violence Labeling and Advertising Act'''.

21st Century Media Responsibility Act of 2001 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including the appropriateness of such products for minors.Authorizes manufacturers and producers of interactive video game, video program, motion picture, and sound recording products to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling violent content. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing; and (2) the label should appear conspicuously on the product. Directs the FTC to establish its own labeling system if a proposal is not submitted.Prohibits a person from: (1) manufacturing or producing such a product unless it bears a label meeting requirements of this Act; or (2) selling such product to an individual under the minimum age specified under the labeling system.Provides civil penalties for violations.Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.

To provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian Trust Responsibility Review Act of 2014''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds as follows: (1) The Final Report of the American Indian Policy Review Committee, published in 1977, made a number of recommendations regarding the United States administration of its trust relationship with federally recognized Indian tribes and their members, many of which have not been implemented. (2) There has been no general, comprehensive review of the United States trust relationship with federally recognized Indian tribes since the publication of the Final Report of the American Indian Policy Review Committee. (3) The trust relationship has evolved over time and there is a clear need to re-examine the administration of the United States constitutional trust responsibility. (4) The duties administered by Federal agencies charged with protecting federally recognized Indian tribal trust resources and providing services often conflict with other duties discharged by the same or separate Federal agencies and departments and it is the beneficiaries of the trust relationship that suffer as a result. (5) In carrying out its trust responsibilities to federally recognized Indian tribes and their members, it is crucial that Congress have the benefit of a review of the United States trust relationship with federally recognized Indian tribes to improve its ability to exercise oversight over the Executive Branch, pursue policies to empower tribal self-determination, and better administer the trust relationship. SEC. 3. DECLARATION. Congress declares that it is timely and essential to conduct a review of the current state of the United States unique trust relationship with federally recognized Indian tribes and their members in order to better administer constitutional trust responsibilities and make necessary revisions in relevant trust statutes, regulations, and policies for the benefit of American Indian people. SEC. 4. ESTABLISHMENT OF THE AMERICAN INDIAN TRUST REVIEW COMMISSION. (a) Establishment.--In order to carry out the purposes of this Act, there is hereby established the American Indian Trust Review Commission, hereinafter referred to as the ``Commission''. (b) Membership.-- (1) Composition.--The Commission shall be composed of 12 members, of whom-- (A) 4 shall be appointed by the President, in consultation with the Secretary of the Interior; (B) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Natural Resources of the House of Representatives; (C) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives; (D) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairman of the Committee on Indian Affairs; and (E) 1 shall be appointed by the Minority Leader of the Senate, in consultation with the Vice Chairman of the Committee on Indian Affairs. (2) Diversity of qualifications.--In making appointments to the Commission, every effort shall be made to select individuals whose qualifications are not already represented by other members of the Commission. (3) Term.--Each member shall be appointed for the life of the Commission. (4) Time for initial appointments.--The appointment of the members of the Commission shall be made no later than 60 days after the date of enactment of this Act. (c) Commission Organization.--At its organizational meeting, the members of the Commission appointed pursuant to subsection (b)(1) of this section shall elect from their members, a Chairman and Vice Chairman immediately thereafter. (d) Vacancies.--Vacancies in the membership of the Commission shall not affect the power of the remaining members to execute the functions of the Commission and shall be filled in the same manner as in the case of the original appointment of the member whose seat is vacated. (e) Quorum.--Eight members of the Commission shall constitute a quorum, but a smaller number, as determined by the Commission, may conduct hearings. SEC. 5. DUTIES OF THE COMMISSION. (a) Investigation; Study.--The Commission shall conduct a comprehensive review of the unique trust relationship between the United States and federally recognized Indian tribes. The study shall include-- (1) a study and analysis of the Constitution, and relevant treaties, compacts, statutes, judicial interpretations, and Executive Orders to determine the attributes of the unique trust relationship between the Federal Government, and federally recognized Indian tribes; (2) a review of the policies, practices, and structure of the Federal agencies charged with protecting Indian tribal trust resources and providing services to Indians; (3) a management study of the Bureau of Indian Affairs and its ability to discharge its trust responsibilities without conflicting with the duties of other Federal agencies and departments; (4) a review of relevant statutes, regulations, and policies to determine the feasibility of authorizing Indian tribes, in their discretion, to assume some or all of the functions, programs, services, and activities now currently undertaken and provided by the Federal Government; (5) a compilation, collection, and analysis of data necessary to understand the extent of the needs of federally recognized Indian tribes, including the adequacy of educational systems, health care, public safety, and infrastructure; (6) the feasibility of creating high-level positions within the Executive Branch to provide federally recognized Indian tribes with maximum participation in policy formation and program development, and the viability of a mechanism to ensure the continuation of critical programs for federally recognized Indian tribes; (7) an examination of the appropriate role of State and local governments involvement in actions that permit government and public input and the degree to which the Federal Government can adequately balance those interests without conflicting with its trust responsibilities towards federally recognized Indian tribes; and (8) the recommendations modifying existing laws, procedures, regulations, policies, and practices as will, in the judgment of the Commission, best serve to carry out the policy and declarations of the purposes of the Commission. (b) Hearings.-- (1) In general.--The Commission shall hold hearings, meet, act, take testimony, and receive evidence as the Commission considers to be advisable to carry out the duties of the Commission under this Act. (2) Public requirement.--The hearings of the Commission shall be open to the public and held in geographically diverse locations. (3) Preference.--When considering hearing witnesses, the Commission shall exercise a preference to invite elected officials from a federally recognized Indian tribe before seeking participation from any tribal organization. SEC. 6. POWERS OF THE COMMISSION. (a) Commission Rules.--The Commission may make rules respecting its organization and procedures, as it deems necessary, except that no recommendations shall be reported from the Commission unless a majority of the Commission assents. (b) Information From Federal, Tribal, State, and Local Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this Act. (2) Tribal, state, and local agencies.--The Commission may request the head of any agency of a federally recognized Indian tribe, State, or unit of local government to provide the Commission with such information as the Commission considers necessary to carry out this Act. SEC. 7. COMMISSION PERSONNEL. (a) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (b) Staff.-- (1) In general.--The Chairperson of the Commission, in consultation with the Vice Chairman of the Commission, may-- (A) without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties; and (B) fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (2) Executive director subject to confirmation.--The employment of an executive director shall be subject to confirmation by the Commission by a majority of Commission members voting. (c) Detail of Government Employees.--At the request of the Commission, and in the discretion of the relevant agency, any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. REPORT OF THE COMMISSION. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains-- (1) a detailed statement of findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers appropriate. (b) Extension.--The President may grant an extension to allow the report required under subsection (a) to be submitted not later than 3 years after the date of the enactment of this Act. (c) Online Access.--The Commission shall make the report required by paragraph (1) publically available on the website of the Department of the Interior. SEC. 9. NONAPPPLICABILITY OF THE FACA. The Federal Advisory Committee Act (5 U.S.C. App. 2) shall not apply to the Commission. SEC. 10. TERMINATION OF THE COMMISSION. The Commission shall terminate 30 days after the Commission submits its report under section 8.

American Indian Trust Responsibility Review Act of 2014 - Establishes the American Indian Trust Review Commission to: (1) conduct a comprehensive review of the unique trust relationship between the United States and federally recognized Indian tribes, and (2) report to Congress within two years of this Act's enactment. Requires the study to analyze: the attributes of that relationship; the policies, practices, structure, and effectiveness of the federal agencies that have trust responsibilities toward Indian tribes; the feasibility of authorizing willing Indian tribes to assume duties currently performed by the federal government; the data necessary for the Commission to get a better understanding of tribal needs; the feasibility of creating high-level federal positions to increase tribal participation in policy formation and program development; the viability of a mechanism to ensure the continuation of critical programs for Indian tribes; the appropriate role of state and local governments in federal activities affecting Indian tribes; and modifications to laws, procedures, regulations, policies, and practices that might further the federal government's trust relationship with Indian tribes.

American Indian Trust Responsibility Review Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tick-Borne Disease Research Accountability and Transparency Act of 2014''. SEC. 2. LYME DISEASE AND OTHER TICK-BORNE DISEASES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following new part: ``PART W--LYME DISEASE AND OTHER TICK-BORNE DISEASES ``SEC. 399OO. RESEARCH. ``(a) In General.--The Secretary shall conduct or support epidemiological, basic, translational, and clinical research regarding Lyme disease and other tick-borne diseases. ``(b) Biennial Reports.--The Secretary shall ensure that each biennial report under section 403 includes information on actions undertaken by the National Institutes of Health to carry out subsection (a) with respect to Lyme disease and other tick-borne diseases, including an assessment of the progress made in improving the outcomes of Lyme disease and such other tick-borne diseases. ``SEC. 399OO-1. WORKING GROUP. ``(a) Establishment.--The Secretary shall establish a permanent working group, to be known as the Interagency Lyme and Tick-Borne Disease Working Group (in this section and section 399OO-2 referred to as the `Working Group'), to review all efforts within the Department of Health and Human Services concerning Lyme disease and other tick-borne diseases to ensure interagency coordination, minimize overlap, and examine research priorities. ``(b) Responsibilities.--The Working Group shall-- ``(1) not later than 24 months after the date of enactment of this part, and every 24 months thereafter, develop or update a summary of-- ``(A) ongoing Lyme disease and other tick-borne disease research related to causes, prevention, treatment, surveillance, diagnosis, diagnostics, duration of illness, intervention, and access to services and supports for individuals with Lyme disease or other tick-borne diseases; ``(B) advances made pursuant to such research; ``(C) the engagement of the Department of Health and Human Services with persons that participate at the public meetings required by paragraph (5); and ``(D) the comments received by the Working Group at such public meetings and the Secretary's response to such comments; ``(2) ensure that a broad spectrum of scientific viewpoints is represented in each such summary; ``(3) monitor Federal activities with respect to Lyme disease and other tick-borne diseases; ``(4) make recommendations to the Secretary regarding any appropriate changes to such activities; and ``(5) ensure public input by holding annual public meetings that address scientific advances, research questions, surveillance activities, and emerging strains in species of pathogenic organisms. ``(c) Membership.-- ``(1) In general.--The Working Group shall be composed of a total of 14 members as follows: ``(A) Federal members.--Seven Federal members, consisting of one or more representatives of each of-- ``(i) the Office of the Assistant Secretary for Health; ``(ii) the Food and Drug Administration; ``(iii) the Centers for Disease Control and Prevention; ``(iv) the National Institutes of Health; and ``(v) such other agencies and offices of the Department of Health and Human Services as the Secretary determines appropriate. ``(B) Non-federal public members.--Seven non- Federal public members, consisting of representatives of the following categories: ``(i) Physicians and other medical providers with experience in diagnosing and treating Lyme disease and other tick-borne diseases. ``(ii) Scientists or researchers with expertise. ``(iii) Patients and their family members. ``(iv) Nonprofit organizations that advocate for patients with respect to Lyme disease and other tick-borne diseases. ``(v) Other individuals whose expertise is determined by the Secretary to be beneficial to the functioning of the Working Group. ``(2) Appointment.--The members of the Working Group shall be appointed by the Secretary, except that of the non-Federal public members under paragraph (1)(B)-- ``(A) one shall be appointed by the Speaker of the House of Representatives; and ``(B) one shall be appointed by the Majority Leader of the Senate. ``(3) Diversity of scientific perspectives.--In making appointments under paragraph (2), the Secretary, the Speaker of the House of Representatives, and the Majority Leader of the Senate shall ensure that the non-Federal public members of the Working Group represent a diversity of scientific perspectives. ``(4) Terms.--The non-Federal public members of the Working Group shall each be appointed to serve a 4-year term and may be reappointed at the end of such term. ``(d) Meetings.--The Working Group shall meet as often as necessary, as determined by the Secretary, but not less than twice each year. ``(e) Applicability of FACA.--The Working Group shall be treated as an advisory committee subject to the Federal Advisory Committee Act. ``(f) Reporting.--Not later than 24 months after the date of enactment of this part, and every 24 months thereafter, the Working Group-- ``(1) shall submit a report on its activities, including an up-to-date summary under subsection (b)(1) and any recommendations under subsection (b)(4), to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor and Pensions of the Senate; ``(2) shall make each such report publicly available on the website of the Department of Health and Human Services; and ``(3) shall allow any member of the Working Group to include in any such report minority views. ``SEC. 399OO-2. STRATEGIC PLAN. ``Not later than 3 years after the date of enactment of this section, and every 5 years thereafter, the Secretary shall submit to the Congress a strategic plan, informed by the most recent summary under section 399OO-1(b)(1), for the conduct and support of Lyme disease and tick-borne disease research, including-- ``(1) proposed budgetary requirements; ``(2) a plan for improving outcomes of Lyme disease and other tick-borne diseases, including progress related to chronic or persistent symptoms and chronic or persistent infection and co-infections; ``(3) a plan for improving diagnosis, treatment, and prevention; ``(4) appropriate benchmarks to measure progress on achieving the improvements described in paragraphs (2) and (3); and ``(5) a plan to disseminate each summary under section 399OO-1(b)(1) and other relevant information developed by the Working Group to the public, including health care providers, public health departments, and other relevant medical groups.''. SEC. 3. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act and the amendment made by this Act, and this Act and such amendment shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives September 9, 2014. Attest: KAREN L. HAAS, Clerk.

Tick-Borne Disease Research Accountability and Transparency Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to conduct or support epidemiological, basic, translational, and clinical research regarding Lyme disease and other tick-borne diseases. Directs the Secretary to establish the Interagency Lyme and Tick-Borne Disease Working Group to review all HHS efforts concerning tick-borne diseases to ensure interagency coordination and examine research priorities. Requires the Working Group to: (1) provide a summary of tick-borne disease research, advances, and scientific viewpoints every two years; (2) make recommendations to HHS regarding tick-borne disease activities; and (3) hold annual public meetings.Requires HHS to submit a strategic plan for tick-borne disease research within three years of enactment and every five years thereafter that includes: (1) budgetary requirements; (2) benchmarks for improving tick-borne disease diagnosis, treatment, outcomes, and prevention; and (3) a plan to disseminate Working Group summaries and other relevant information on tick-borne disease to health professionals and the public.

Tick-Borne Disease Research Accountability and Transparency Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Extension Establishment Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States economy is in the early stages of a revolution in electronic commerce--the ability to buy, sell, and even deliver goods and services through computer networks. Estimates are that electronic commerce sales in 1998 were around $100,000,000,000 and could rise to $1,300,000,000,000 by 2003. (2) Electronic commerce promises to spur tremendously United States productivity and economic growth--repeating a historical pattern where the greatest impetus toward economic growth lies not in the sale of new technologies but in their widespread adoption and use. (3) Electronic commerce presents an enormous opportunity and challenge for small businesses. Such commerce will give such businesses new markets and new ways of doing businesses. However, many such business will have difficulty in adopting appropriate electronic commerce technologies and practices. Moreover, such businesses in more rural areas will find distant businesses entering their markets and competing with them. Thus, there is considerable risk many small businesses will be left behind in the shift to electronic commerce. (4) The United States has an interest in ensuring that small businesses in all parts of the United States participate fully in the electronic commerce revolution, both for the sake of such businesses and in order to promote productivity and economic growth throughout the entire United States economy. (5) The Federal Government has a long history of successfully helping small farmers with new agricultural technologies through the Cooperative Extension System at the Department of Agriculture, founded in 1914. More recently, the National Institute of Standards and Technology has successfully helped small manufacturers with manufacturing technologies through its Manufacturing Extension Program, established in 1988. (6) Similarly, now is the time to establish an electronic commerce extension program to help small businesses throughout the United States identify, adapt, and adopt electronic commerce technologies and business practices, thereby ensuring that such businesses fully participate in the electronic commerce revolution. SEC. 3. PURPOSE. The purpose of this Act is to establish an electronic commerce extension program focused on small businesses at the National Institute of Standards and Technology. SEC. 4. ESTABLISHMENT OF ELECTRONIC COMMERCE EXTENSION PROGRAM AT NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY. (a) Establishment.--The National Bureau of Standards Act (15 U.S.C. 271 et seq.) is amended by inserting after section 25 (15 U.S.C. 278k) the following new section: ``regional centers for the transfer of electronic commerce technology ``Sec. 25A. (a)(1) The Secretary, through the Undersecretary of Commerce for Technology and the Director and in consultation with other appropriate officials, shall provide assistance for the creation and support of Regional Centers for the Transfer of Electronic Commerce Technology (in this section referred to as `Centers'). ``(2) The Centers shall be affiliated with any United States-based nonprofit institution or organization, or group thereof, that applies for and is awarded financial assistance under this section in accordance with the program established by the Secretary under subsection (c). ``(3) The objective of the Centers is to enhance productivity and technological performance in United States electronic commerce through-- ``(A) the transfer of electronic commerce technology and techniques developed at the Institute to Centers and, through them, to companies throughout the United States; ``(B) the participation of individuals from industry, institutions of higher education, State governments, other Federal agencies, and, when appropriate, the Institute in cooperative technology transfer activities; ``(C) efforts to make electronic commerce technology and techniques usable by a wide range of United States-based small companies; ``(D) the active dissemination of scientific, engineering, technical, and management information about electronic commerce to small companies, with a particular focus on reaching those located in rural or isolated areas; and ``(E) the utilization, when appropriate, of the expertise and capability that exists in State and local governments, institutions of higher education, the private sector, and Federal laboratories other than the Institute. ``(b) The activities of the Centers shall include-- ``(1) the establishment of electronic commerce demonstration systems, based on research by the Institute and other organizations and entities, for the purpose of technology transfer; and ``(2) the active transfer and dissemination of research findings and Center expertise to a wide range of companies and enterprises, particularly small companies. ``(c)(1) The Secretary may provide financial support to any Center created under subsection (a) in accordance with a program established by the Secretary for purposes of this section. ``(2) The Secretary may not provide to a Center more than 50 percent of the capital and annual operating and maintenance funds required to create and maintain the Center. ``(3)(A) Any nonprofit institution, or group thereof, or consortia of nonprofit institutions may, in accordance with the procedures established by the Secretary under the program under paragraph (1), submit to the Secretary an application for financial support for the creation and operation of a Center under this section. ``(B) In order to receive financial assistance under this section for a Center, an applicant shall provide adequate assurances that it will contribute 50 percent or more of the estimated capital and annual operating and maintenance costs of the Center for the first three years of its operation and an increasing share of such costs over the next three years of its operation. ``(C) An applicant shall also submit a proposal for the allocation of the legal rights associated with any invention which may result from the activities of the Center proposed by the applicant. ``(4)(A) The Secretary shall subject each application submitted under this subsection to merit review. ``(B) In making a decision whether to approve an application and provide financial support for a Center under this section, the Secretary shall consider at a minimum-- ``(i) the merits of the application, particularly the portions of the application regarding technology transfer, training and education, and adaptation of electronic commerce technologies to the needs of particular industrial sectors; ``(ii) the quality of service to be provided; ``(iii) geographical diversity and extent of service area; and ``(iv) the percentage of funding and amount of in-kind commitment from other sources. ``(5)(A) Each Center receiving financial assistance under this section shall be evaluated during the third year of its operation by an evaluation panel appointed by the Secretary. ``(B) Each evaluation panel under this paragraph shall be composed of private experts, none of whom shall be connected with the Center involved, and with appropriate Federal officials. An official of the Institute shall chair each evaluation panel. ``(C) Each evaluation panel under this paragraph shall measure the performance of the Center involved against the objectives specified in this section and under the arrangement between the Center and the Institute. ``(6) The Secretary may not provide funding for a Center under this section for the fourth through the sixth years of its operation unless the evaluation regarding the Center under paragraph (5) is positive. If such evaluation for a Center is positive, the Secretary may provide continued funding for the Center through the sixth year of its operation at declining levels. ``(7)(A) After the sixth year of operation of a Center, the Center may receive additional financial support under this section if the Center has received a positive evaluation of its operation through an independent review conducted under procedures established by the Institute. Such independent review shall be undertaken for a Center not less often than every two years commencing after the sixth year of its operation. ``(B) The amount of funding received by a Center under this section for any fiscal year of the Center after the sixth year of its operation may not exceed an amount equal to one-third of the capital and annual operating and maintenance costs of the Center in such fiscal year under the program. ``(8) The provisions of chapter 18 of title 35, United States Code, shall (to the extent not inconsistent with this section) apply to the promotion of technology from research by Centers under this section except for contracts for such specific technology extension or transfer services as may be specified by statute or by the Director. ``(d)(1) In addition to such sums as may be appropriated to the Secretary and Director for purposes of the support of Centers under this section, the Secretary and Director may accept funds from other Federal departments and agencies for such purposes. ``(2) The selection and operation of a Center under this section shall be governed by the provisions of this section, regardless of the Federal department or agency providing funds for the operation of the Center. ``(e) In this section, the term `electronic commerce' means the buying, selling, and delivery of goods and services, or the coordination or conduct of economic activities within and among organizations, through computer networks.''. (b) Description of Program.--(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall publish in the Federal Register a proposal for the program required by section 25A(c) of the National Bureau of Standards Act, as added by subsection (a). (2) The proposal for the program under paragraph (1) shall include-- (A) a description of the program; (B) procedures to be followed by applicants for support under the program; (C) criteria for determining qualified applicants under the program; (D) criteria, including the criteria specified in paragraph (4) of such section 25A(c), for choosing recipients of financial assistance under the program from among qualified applicants; and (E) maximum support levels expected to be available to Centers for the Transfer of Electronic Commerce Technology under the program in each year of assistance under the program. (3) The Secretary shall provide a 30-day period of opportunity for public comment on the proposal published under paragraph (1). (4) Upon completion of the period referred to in paragraph (3), the Secretary shall publish in the Federal Register a final version of the program referred to in paragraph (1). The final version of the program shall take into account public comments received by the Secretary under paragraph (3). (c) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Commerce each fiscal year such amounts as may be required during such fiscal year for purposes of activities under section 25A of the National Bureau of Standards Act, as added by subsection (a).

Electronic Commerce Extension Establishment Act of 1999 - Amends the National Bureau of Standards Act to direct the Secretary of Commerce to provide assistance for the creation and support of Regional Centers for the Transfer of Electronic Commerce Technology (Centers). Requires the Centers to be affiliated with any U.S.-based nonprofit institution or organization that applies for and is awarded financial assistance under this Act. Outlines objectives of the Centers, including aiding small businesses, especially those located in rural areas, in identifying and adopting electronic commerce technologies and business practices. Defines "electronic commerce" as the ability to buy, sell, and deliver goods and services through computer networks. Requires such Centers to: (1) establish electronic commerce demonstration systems for technology transfer; and (2) transfer and disseminate research findings and Center expertise to companies and enterprises, particularly small businesses. Authorizes the Secretary to provide financial support to a Center for such activities and objectives. Outlines application requirements for such assistance. Requires Centers receiving assistance to be evaluated during the third year of operation by a panel of private experts. Requires a positive finding from such panel before a Center may receive such assistance for its fourth through sixth years. Requires independent review of a Center every two years after the sixth year, to be conducted under procedures established by the National Institutes of Standards and Technology. Provides Center funding limitations. Requires the Secretary to publish a proposal for the assistance program provided under this Act, as well as a final program. Authorizes appropriations.

Electronic Commerce Extension Establishment Act of 1999

SECTION 1. BATTERY RECHARGING STATIONS FOR PRIVATELY OWNED VEHICLES IN PARKING AREAS UNDER THE JURISDICTION OF THE HOUSE OF REPRESENTATIVES AT NO NET COST TO THE FEDERAL GOVERNMENT. (a) Definition.--In this Act, the term ``covered employee'' means-- (1) an employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives; or (2) any other individual who is authorized to park in any parking area under the jurisdiction of the House of Representatives on Capitol Grounds. (b) Authority.-- (1) In general.--Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading ``Capitol Power Plant'' under the heading ``ARCHITECT OF THE CAPITOL'' in any fiscal year are available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the House of Representatives on Capitol Grounds for use by privately owned vehicles used by Members of the House of Representatives (including the Delegates or Resident Commissioner to the Congress) or covered employees. (2) Vendors authorized.--In carrying out paragraph (1), the Architect of the Capitol may use 1 or more vendors on a commission basis. (3) Approval of construction.--The Architect of the Capitol may construct or direct the construction of battery recharging stations described under paragraph (1) after-- (A) submission of written notice detailing the numbers and locations of the battery recharging stations to the Committee on House Administration of the House of Representatives; and (B) approval by that Committee. (c) Fees and Charges.-- (1) In general.--Subject to paragraph (2), the Architect of the Capitol shall charge fees or charges for electricity provided to Members and covered employees sufficient to cover the costs to the Architect of the Capitol to carry out this section, including costs to any vendors or other costs associated with maintaining the battery recharging stations. (2) Approval of fees or charges.--The Architect of the Capitol may establish and adjust fees or charges under paragraph (1) after-- (A) submission of written notice detailing the amount of the fee or charge to be established or adjusted to the Committee on House Administration of the House of Representatives; and (B) approval by that Committee. (d) Deposit and Availability of Fees, Charges, and Commissions.-- Any fees, charges, or commissions collected by the Architect of the Capitol under this section shall be-- (1) deposited in the Treasury to the credit of the appropriations account described under subsection (b); and (2) available for obligation without further appropriation during-- (A) the fiscal year collected; and (B) the fiscal year following the fiscal year collected. (e) Reports.-- (1) In general.--Not later than 30 days after the end of each fiscal year, the Architect of the Capitol shall submit a report on the financial administration and cost recovery of activities under this section with respect to that fiscal year to the Committee on House Administration of the House of Representatives. (2) Avoiding subsidy.-- (A) Determination.--Not later than 3 years after the date of enactment of this Act and every 3 years thereafter, the Architect of the Capitol shall submit a report to the Committee on House Administration of the House of Representatives determining whether Members (including any Delegate or Resident Commissioner to Congress) and covered employees using battery charging stations as authorized by this Act are receiving a subsidy from the taxpayers. (B) Modification of rates and fees.--If a determination is made under subparagraph (A) that a subsidy is being received, the Architect of the Capitol shall submit a plan to the Committee on House Administration of the House of Representatives on how to update the program to ensure no subsidy is being received. If the committee does not act on the plan within 60 days, the Architect of the Capitol shall take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program consistent with an appropriate schedule for amortization, to be charged to those using the charging stations. (f) Effective Date.--This Act shall apply with respect to fiscal year 2011 and each fiscal year thereafter. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Makes funds appropriated to the Architect of the Capitol (AOC) for the Capitol power plant in any fiscal year available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the House of Representatives on Capitol grounds for use by privately owned vehicles used by: (1) Members of the House, or (2) employees whose pay is disbursed by the Chief Administrative Officer of the House or any other individuals authorized to park in any parking area under House jurisdiction on Capitol grounds (covered employees). Requires the Architect to charge Members and covered employees fees for the electricity sufficient to cover costs, including those to any vendors or other costs associated with maintaining the battery recharging stations. Requires the AOC to report triennially to the Committee on House Administration on whether or not individuals using the battery charging stations receive a subsidy from the taxpayers, and, if so, to submit a plan to the Committee to update the program to ensure that no subsidy is being received. Requires the AOC, if the Committee fails to act on the plan within 60 days, to take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program.

To authorize the Architect of the Capitol to establish battery recharging stations for privately owned vehicles in parking areas under the jurisdiction of the House of Representatives at no net cost to the Federal Government.

SECTION 1. EXCISE TAX ON IMPORTED CRUDE OIL AND REFINED PETROLEUM PRODUCTS. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--IMPORTED CRUDE OIL AND REFINED PETROLEUM PRODUCTS ``Sec. 5885. Imposition of tax. ``Sec. 5886. Average international price. ``Sec. 5887. Definitions and special rules. ``Sec. 5888. Registration. ``SEC. 5885. IMPOSITION OF TAX. ``(a) General Rule.--If the average international price of crude oil for any 4-week period is less than $24, then there is hereby imposed an excise tax on any petroleum product entered into the United States for use, consumption, or warehousing during the week following such 4-week period. ``(b) Amount of Tax.-- ``(1) In general.--The amount of tax imposed by subsection (a) with respect to any barrel shall be equal to the excess of-- ``(A) $24, over ``(B) the average international price of crude oil for the preceding 4-week period. ``(2) Fractional part of barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on a whole barrel. ``(c) Time Tax Is Imposed.-- ``(1) In general.--The tax imposed by subsection (a) shall be on the first sale within the United States of the petroleum product. ``(2) Tax on certain uses.--If-- ``(A) any petroleum product entered into the United States is used within the United States, and ``(B) before such use, no tax was imposed under subsection (a), then the tax imposed by subsection (a) shall be on such use. ``(d) Liability for Payment of Tax.-- ``(1) Sales.--The tax imposed on the first sale described in subsection (c)(1) shall be paid by the seller thereof. ``(2) Use.--The tax imposed on any use described in subsection (c)(2) shall be paid by the person using the petroleum product. ``SEC. 5886. AVERAGE INTERNATIONAL PRICE. ``(a) In General.--For purposes of this subchapter, the average international price of crude oil for any 4-week period shall be the average of the weighted average price per barrel of crude oil for each week in such period, as estimated and published in the Weekly Petroleum Status Report prepared by the Secretary of Energy or his delegate. ``(b) Publication.--The Secretary shall publish for each week the average international price determined under subsection (a) for the preceding 4-week period. ``SEC. 5887. DEFINITIONS AND SPECIAL RULES. ``(a) Definitions.--For purposes of this chapter-- ``(1) Crude oil.--The term `crude oil' includes crude oil condensates and natural gasoline but does not include domestic crude oil (within the meaning of section 4612(a)(2)). ``(2) Barrel.--The term `barrel' means 42 United States gallons. ``(3) Export.--The term `export' includes shipment to a possession of the United States. ``(4) Petroleum product.--The term `petroleum product' includes-- ``(A) crude oil, and ``(B) refined oil, fuels, and chemical feedstocks which are refined or derived from crude oil. ``(b) Tax-Free Exports.-- ``(1) In general.--Under regulations prescribed by the Secretary, no tax shall be imposed under this chapter on the sale of any petroleum product for export or for resale by the purchaser to a second purchaser for export. ``(2) Proof of export.--Where any petroleum product has been sold free of tax under paragraph (1), such paragraph shall cease to apply with respect to the sale of such petroleum product unless, within the 6-month period which begins on the date of the sale, the seller receives proof that the petroleum product has been exported. ``SEC. 5888. REGISTRATION. ``Every person subject to tax under section 5885 shall register with the Secretary at such time and in such manner as the Secretary may prescribe.'' (b) Conforming Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end thereof the following new item: ``Chapter 55. Imported crude oil and refined petroleum products.'' (c) Deductibility of Imported Crude Oil Tax.--The first sentence of section 164(a) of such Code (relating to deductions for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The tax on imported petroleum products imposed by section 5885.'' (d) Effective Date.--The amendments made by this section shall apply with respect to sales of imported crude oil and imported refined petroleum products in calendar quarters beginning more than 30 days after the date of the enactment of this Act.

Amends the Internal Revenue Code to establish a fee on crude oil and refined petroleum products imported into the United States, other than oil or products purchased for export. Imposes the fee during any week following a four-week period when the average international price of crude oil has been less than $24 per barrel. Bases the fee on the difference between $24 per barrel and the average international price of a barrel of crude oil.

To amend the Internal Revenue Code of 1986 to impose a tax on the importation of crude oil and refined petroleum products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victims with Disabilities Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Adults with disabilities experience violence or abuse at least twice as often as people without disabilities. (2) Women with disabilities are more likely to be victimized, to experience more severe and prolonged violence, and to suffer more serious and chronic effects from that violence, than women without such disabilities. (3) An estimated 5,000,000 crimes are committed against individuals with developmental disabilities annually. (4) Over 70 percent of crimes committed against individuals with developmental disabilities are not reported. SEC. 3. PURPOSE. (a) In General.--The purpose of this Act is to increase the awareness, investigation, prosecution, and prevention of crimes against individuals with a disability, including developmental disabilities, and improve services to those who are victimized, by facilitating collaboration among the criminal justice system and a range of agencies and other organizations that provide services to individuals with disabilities. (b) Need for Collaboration.--Collaboration among the criminal justice system and agencies and other organizations that provide services to individuals with disabilities is needed to-- (1) protect individuals with disabilities by ensuring that crimes are reported, and that reported crimes are actively investigated by both law enforcement agencies and agencies and other organizations that provide services to individuals with disabilities; (2) provide prosecutors with adequate training to ensure that crimes against individuals with disabilities are appropriately and effectively addressed in court; and (3) promote communication among criminal justice agencies, and agencies and other organizations that provide services to individuals with disabilities, including Victim Assistance Organizations, to ensure that the needs of crime victims with disabilities are met. SEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM. The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH DISABILITIES ``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM GRANTS. ``(a) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means a State, unit of local government, Indian tribe, or tribal organization that applies for a grant under this section. ``(2) Collaboration program.--The term `collaboration program' means a program to ensure coordination between or among a criminal justice agency, an adult protective services agency, a victim assistance organization, and an agency or other organization that provides services to individuals with disabilities, including but not limited to individuals with developmental disabilities, to address crimes committed against individuals with disabilities and to provide services to individuals with disabilities who are victims of crimes. ``(3) Criminal justice agency.--The term `criminal justice agency' means an agency of a State, unit of local government, Indian tribe, or tribal organization that is responsible for detection, investigation, arrest, enforcement, adjudication, or incarceration relating to the violation of the criminal laws of that State, unit of local government, Indian tribe, or tribal organization, or an agency contracted to provide such services. ``(4) Adult protective services agency.--The term `adult protective services agency' means an agency that provides adult protective services to adults with disabilities, including-- ``(A) receiving reports of abuse, neglect, or exploitation; ``(B) investigating the reports described in subparagraph (A); ``(C) case planning, monitoring, evaluation, and other casework and services; and ``(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services for adults with disabilities. ``(5) Day program.--The term `day program' means a government or privately funded program that provides care, supervision, social opportunities, or jobs to individuals with disabilities. ``(6) Implementation grant.--The term `implementation grant' means a grant under subsection (e). ``(7) Individuals with disabilities.--The term `individuals with disabilities' means individuals-- ``(A) 18 years of age or older; and ``(B) whose ability to provide for their own health, safety, or welfare is compromised because of-- ``(i) a developmental, cognitive, physical, or other disability; or ``(ii) a lack of sufficient understanding or capacity to make or communicate responsible decisions concerning their person or affairs. ``(8) Planning grant.--The term `planning grant' means a grant under subsection (f). ``(9) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(10) Unit of local government.--The term `unit of local government' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. ``(b) Authorization.--In consultation with the Secretary, the Attorney General may make grants to applicants to prepare a comprehensive plan for or to implement a collaboration program that provides for-- ``(1) the investigation and remediation of instances of abuse of or crimes committed against individuals with disabilities; or ``(2) the provision of services to individuals with disabilities who are the victims of a crime or abuse. ``(c) Use of Funds.--A grant under this section shall be used for a collaborative program that-- ``(1) receives reports of abuse of individuals with disabilities or crimes committed against such individuals; ``(2) investigates and evaluates reports of abuse of or crimes committed against individuals with disabilities; ``(3) visits the homes or other locations of abuse, and, if applicable, the day programs of individuals with disabilities who have been victims of abuse or a crime for purposes of, among other things, assessing the scene of the abuse and evaluating the condition and needs of the victim; ``(4) identifies the individuals responsible for the abuse of or crimes committed against individuals with disabilities; ``(5) remedies issues identified during an investigation described in paragraph (2); ``(6) prosecutes the perpetrator, where appropriate, of any crime identified during an investigation described in paragraph (2); and ``(7) provides services to and enforces statutory rights of individuals with disabilities who are the victims of a crime. ``(d) Applications.-- ``(1) In general.--To receive a planning grant or an implementation grant, an applicant shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General, in consultation with the Secretary, may reasonably require, in addition to the information required by subsection (e)(1) or (f)(1), respectively. ``(2) Combined planning and implementation grant application.-- ``(A) In general.--The Attorney General, in consultation with the Secretary, shall develop a procedure allowing an applicant to submit a single application requesting both a planning grant and an implementation grant. ``(B) Conditional grant.--The award of an implementation grant to an applicant submitting an application under subparagraph (A) shall be conditioned on successful completion of the activities funded under the planning grant, if applicable. ``(e) Planning Grants.-- ``(1) Applications.--An application for a planning grant shall include, at a minimum-- ``(A) a budget; ``(B) a budget justification; ``(C) a description of the outcome measures that will be used to measure the effectiveness of the program; ``(D) a schedule for completing the activities proposed in the application; and ``(E) a description of the personnel necessary to complete activities proposed in the application. ``(2) Period of grant.--A planning grant shall be made for a period of 1 year, beginning on the first day of the month in which the planning grant is made. ``(3) Amount.--The amount of planning grant shall not exceed $50,000, except that the Attorney General may, for good cause, approve a grant in a higher amount. ``(4) Limit on number.--The Attorney General, in consultation with the Secretary, shall not make more than 1 such planning grant to any State, unit of local government, Indian tribe, or tribal organization. ``(f) Implementation Grants.-- ``(1) Implementation grant applications.--An application for an implementation grant shall include the following: ``(A) Collaboration.--An application for an implementation grant shall-- ``(i) identify not fewer than 1 criminal justice enforcement agency or adult protective services organization and not fewer than 1 agency, crime victim assistance program, or other organization that provides services to individuals with disabilities that will participate in the collaborative program; and ``(ii) describe the responsibilities of each participating agency or organization, including how each agency or organization will use grant funds to facilitate improved responses to reports of abuse and crimes committed against individuals with disabilities. ``(B) Guidelines.--An application for an implementation grant shall describe the guidelines that will be developed for personnel of a criminal justice agency, adult protective services organization, crime victim assistance program, and agencies or other organizations responsible for services provided to individuals with disabilities to carry out the goals of the collaborative program. ``(C) Financial.--An application for an implementation grant shall-- ``(i) explain why the applicant is unable to fund the collaboration program adequately without Federal funds; ``(ii) specify how the Federal funds provided will be used to supplement, and not supplant, the funding that would otherwise be available from the State, unit of local government, Indian tribe, or tribal organization; and ``(iii) outline plans for obtaining necessary support and continuing the proposed collaboration program following the conclusion of the grant under this section. ``(D) Outcomes.--An application for an implementation grant shall-- ``(i) identify the methodology and outcome measures, as required by the Attorney General, in consultation with the Secretary, for evaluating the effectiveness of the collaboration program, which may include-- ``(I) the number and type of agencies participating in the collaboration; ``(II) any trends in the number and type of cases referred for multidisciplinary case review; ``(III) any trends in the timeliness of law enforcement review of reported cases of violence against individuals with a disability; and ``(IV) the number of persons receiving training by type of agency; ``(ii) describe the mechanisms of any existing system to capture data necessary to evaluate the effectiveness of the collaboration program, consistent with the methodology and outcome measures described in clause (i) and including, where possible, data regarding-- ``(I) the number of cases referred by the adult protective services agency, or other relevant agency, to law enforcement for review; ``(II) the number of charges filed and percentage of cases with charges filed as a result of such referrals; and ``(III) the period of time between reports of violence against individuals with disabilities and law enforcement review; and ``(iii) include an agreement from any participating or affected agency or organization to provide the data described in clause (ii). ``(E) Form of data.--The Attorney General, in consultation with the Secretary, shall promulgate and supply a common electronic reporting form or other standardized mechanism for reporting of data required under this section. ``(F) Collaboration set aside.--Not less than 5 percent and not more than 10 percent of the funds provided under an implementation grant shall be set aside to procure technical assistance from any recognized State model program or from a recognized national organization, as determined by the Attorney General (in consultation with the Secretary), including the National District Attorneys Association and the National Adult Protective Services Association. ``(G) Other programs.--An applicant for an implementation grant shall describe the relationship of the collaboration program to any other program of a criminal justice agency or other agencies or organizations providing services to individuals with disabilities of the State, unit of local government, Indian tribe, or tribal organization applying for an implementation grant. ``(2) Period of grant.-- ``(A) In general.--An implementation grant shall be made for a period of 2 years, beginning on the first day of the month in which the implementation grant is made. ``(B) Renewal.--An implementation grant may be renewed for 1 additional period of 2 years, if the applicant submits to the Attorney General and the Secretary a detailed explanation of why additional funds are necessary. ``(3) Amount.--An implementation grant shall not exceed $300,000. ``(g) Evaluation of Program Efficacy.-- ``(1) Establishment.--The Attorney General, in consultation with the Secretary, shall establish a national center to evaluate the overall effectiveness of the collaboration programs funded under this section. ``(2) Responsibilities.--The national center established under paragraph (1) shall-- ``(A) analyze information and data supplied by grantees under this section; and ``(B) submit an annual report to the Attorney General and the Secretary that evaluates the number and rate of change of reporting, investigation, and prosecution of charges of a crime or abuse against individuals with disabilities. ``(3) Authorization.--The Attorney General may use not more than $500,000 of amounts made available under subsection (h) to carry out this subsection. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice to carry out this section-- ``(1) $10,000,000 for fiscal year 2007; and ``(2) such sums as are necessary for each of fiscal years 2008 through 2013.''.

Crime Victims with Disabilities Act of 2006 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states, local governments, Indian tribes, or tribal organizations to plan and implement programs for collaboration among criminal justice agencies, adult protective services agencies, crime victim assistance organizations, and/or other agencies or organizations that provide services to individuals with disabilities to investigate and remediate abuse of or crimes against such individuals and to provide services to such individuals. Authorizes the Attorney General to establish a national center to evaluate such programs.

A bill to create a grant program for collaboration programs that ensure coordination among criminal justice agencies, adult protective service agencies, victim assistance programs, and other agencies or organizations providing services to individuals with disabilities in the investigation and response to abuse of or crimes committed against such individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Franked Mail Savings Act''. SEC. 2. OFFICIAL MASS MAILING ALLOWANCE. Section 311(f) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(f)) is amended to read as follows: ``(f)(1) There is established in the House of Representatives an Official Mass Mailing Allowance for Members of the House of Representatives. ``(2) The Official Mass Mailing Allowance of a Member of the House of Representatives-- ``(A) shall be available only for postage for any mass mailing sent by such Member as franked mail; ``(B) shall be the sole source of funding for any such postage; and ``(C) shall be available, in a session of Congress (subject to paragraph (5)(A)(ii)), in an amount not to exceed the total amount allocated to the Official Mail Allowance of such Member in such session. ``(3) No amount may be transferred to or from the Official Mass Mailing Allowance of a Member of the House of Representatives (including as described in the parenthetical matter in subsection (a)(2)(A)), except as provided in subsection (e)(3)(B). ``(4) For purposes of subsection (b), the Official Mass Mailing Allowance of (and any mass mailing sent by) a Member of the House of Representatives shall be treated separately from the Official Mail Allowance of (and any other official mail sent by) such Member. ``(5) Otherwise applicable provisions of law relating to mass mailings sent by a Member of (or Member-elect to) the House of Representatives shall continue to govern such mass mailings-- ``(A) except that-- ``(i) for purposes of carrying out those other provisions of law, the term `mass mailing' shall have the meaning given it under paragraph (8); and ``(ii) a mass mailing may not be sent if it would be postmarked during any session that begins in an even-numbered calendar year (excluding any mail sent after the Tuesday next after the 1st Monday in November of such year, and any mass mailing described in section 3210(a)(6)(B) of title 39, United States Code); and ``(B) except as otherwise provided in this subsection. ``(6) A Member of the House of Representatives shall-- ``(A) before making any mass mailing, submit a sample of the mail matter involved to the House Commission on Congressional Mailing Standards for an advisory opinion as to whether such proposed mailing is in compliance with applicable provisions of law, rule, or regulation; ``(B) before making any mailing of substantially identical mail which totals 250 pieces or less (but more than 50), and which in every other respect meets the definition of a mass mailing, submit a sample of the mail matter involved to such Commission; and ``(C) before making any mailing of substantially identical mail, in the nature of a town meeting notice, which totals more than 50 pieces, and which in every other respect (aside from such nature and number) meets the definition of a mass mailing, submit a sample of the mail matter involved to such Commission. ``(7)(A) The regulations prescribed in connection with subsection (a)(3) shall be amended to require, in addition to the information otherwise required to be included in the quarterly report referred to therein, a statement of-- ``(i) costs charged against the Official Mass Mailing Allowance of each Member; and ``(ii) the number of pieces of mail in any mass mailing sent by a Member. ``(B) The House Commission on Congressional Mailing Standards shall by regulation establish procedures under which there shall be made available to the public for review and copying any matter submitted to the Commission under paragraph (6). Any copying under the preceding sentence shall be at the expense of the person who requests the copying. ``(8) For the purpose of this subsection-- ``(A) the term `mass mailing' means, with respect to a session of Congress, any mailing of newsletters or other pieces of mail with substantially identical content (whether such mail is deposited singly or in bulk, or at the same time or different times), totaling more than 250 pieces in that session, except that such term does not include any mailing-- ``(i) of matter in direct response to a communication from a person to whom the matter is mailed; ``(ii) from a Member of Congress to other Members of Congress, or to Federal, State, or local government officials; ``(iii) of a news release to the communications media; or ``(iv) described in clause (iv) or (v) of section 6(b)(1)(B) of the Legislative Branch Appropriations Act, 1995 (39 U.S.C. 3210 note), subject to the same restriction as specified in such clause (iv) with respect to a Member of the Senate; ``(B) the term `franked mail' has the meaning given such term by section 3201(4) of title 39, United States Code; and ``(C) the term `town meeting notice' means (including for purposes of subparagraph (A)(iv)) any mailing which-- ``(i) relates solely to a notice of the time and place at which a Member of the House of Representatives or 1 or more members of the Member's staff will be available to meet constituents regarding legislative issues or problems with Federal programs; ``(ii) appears on a mailing 5\1/2\" x 8" or smaller; ``(iii) includes not more than 3 references to the Member (excluding any reference appearing as the frank, consisting of the signature and name at the end of the mailing, or otherwise specified in regulations of the House Commission on Congressional Mailing Standards); and ``(iv) does not include any picture, sketch, or other likeness of the Member.''. SEC. 3. PROVISIONS RELATING TO MEMBERS' OFFICIAL MAIL ALLOWANCE. (a) Reduction in Maximum Allocation.--Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking ``3'' and inserting ``0.5''. (b) Limitation on Transfers.--Paragraph (3) of section 311(e) of such Act is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), no amount may be transferred to or from the Official Mail Allowance of a Member of the House of Representatives. ``(B) A Member of the House of Representatives may transfer amounts from the Official Mass Mailing Allowance of the Member to the Official Mail Allowance of the Member.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect as of the first day of the first regular session of Congress beginning after the date of the enactment of this Act.

Franked Mail Savings Act - Amends the Legislative Branch Appropriations Act, 1991 to establish an Official Mass Mailing Allowance for Members of the House of Representatives. Requires the Official Mass Mailing Allowance to be: (1) available only for postage for any mass mailing sent by a Member as franked mail; (2) the sole source of funding for any such postage; and (3) available in a session of Congress in an amount that does not exceed the total amount allocated to the Official Mail Allowance of a Member in such session. Treats the Official Mass Mailing Allowance and mass mailings separately from the Official Mail Allowance. Continues the applicability of current provisions of law relating to mass mailings sent by a Member or Member-elect subject to certain conditions. Sets forth requirements for the submission of samples of mass mailings to the House Commission on Congressional Mailing Standards. Revises the formula for determining the Official Mail Allowance (thereby reducing the maximum allocation allowed). Prohibits the transfer of any amount (except for amounts from the Official Mass Mailing Allowance) to or from the Official Mail Allowance of a Member. (Currently, transfers up to a specified amount are allowed from the Official Expenses and Clerk Hire Allowances.)

Franked Mail Savings Act

<greek-th> x <greek-th> x SECTION 1. SHORT TITLE.<greek-th> x This Act may be cited as the ``Combat Meth Act of 2005''.<greek-th> x <greek-th> x TITLE I--ENFORCEMENT<greek-th> x SEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.<greek-th> x (a) In General.--In addition to any other funds authorized to be appropriated for fiscal year 2006 for grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), commonly known as the COPS program, there are authorized to be appropriated $15,000,000 for such purpose to provide training to State and local prosecutors and law enforcement agents for the investigation and prosecution of methamphetamine offenses.<greek-th> x (b) Rural Set-Aside.--Of amounts made available under subsection (a), $3,000,000 shall be available only for prosecutors and law enforcement agents for rural communities.<greek-th> x SEC. 102. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND CLEANUP.<greek-th> x Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--<greek-th> x (1) in paragraph (11) by striking ``and'' at the end;<greek-th> x (2) in paragraph (12) by striking the period at the end and inserting ``; and''; and<greek-th> x (3) by adding at the end the following:<greek-th> x <greek-th> x <greek-th> x ``(13) hire personnel and purchase equipment to assist in the enforcement and prosecution of methamphetamine offenses and the cleanup of methamphetamine-affected areas.''.<greek-th> x <greek-th> x <greek-th> x SEC. 103. SPECIAL UNITED STATES ATTORNEYS' PROGRAM.<greek-th> x <greek-th> x <greek-th> x (a) In General.--The Attorney General shall allocate any amounts appropriated pursuant to the authorization under subsection (c) for the hiring and training of special assistant United States attorneys.<greek-th> x <greek-th> x <greek-th> x (b) Use of Funds.--The funds allocated under subsection (a) shall be used to--<greek-th> x <greek-th> x <greek-th> x (1) train local prosecutors in techniques used to prosecute methamphetamine cases, including the presentation of evidence related to the manufacture of methamphetamine;<greek-th> x <greek-th> x <greek-th> x (2) train local prosecutors in Federal and State laws involving methamphetamine manufacture or distribution;<greek-th> x <greek-th> x <greek-th> x (3) cross-designate local prosecutors as special assistant United States attorneys; and<greek-th> x <greek-th> x <greek-th> x (4) hire additional local prosecutors who-- <greek-th> x <greek-th> x <greek-th> x (A) with the approval of the United States attorney, shall be cross-designated to prosecute both Federal and State methamphetamine cases;<greek-th> x <greek-th> x <greek-th> x (B) shall be assigned a caseload, whether in State court or Federal court, that gives the highest priority to cases in which-- <greek-th> x <greek-th> x <greek-th> x (i) charges related to methamphetamine manufacture or distribution are submitted by law enforcement for consideration; and<greek-th> x <greek-th> x <greek-th> x (ii) the defendant has been previously convicted of a crime related to methamphetamine manufacture or distribution.<greek-th> x <greek-th> x <greek-th> x (c) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to carry out the provisions of this section.<greek-th> x <greek-th> x <greek-th> x SEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CONTROLLED SUBSTANCES ACT.<greek-th> x <greek-th> x <greek-th> x (a) Addition of Pseudoephedrine to Schedule V.--Section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended by adding at the end the following:<greek-th> x <greek-th> x <greek-th> x ``(6) Any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.''.<greek-th> x <greek-th> x <greek-th> x (b) Prescriptions.--Section 309(c) of the Controlled Substances Act (21 U.S.C. 829(c)) is amended--<greek-th> x <greek-th> x <greek-th> x (1) by inserting ``(1)'' before ``No controlled substance''; and<greek-th> x <greek-th> x <greek-th> x (2) by adding at the end the following:<greek-th> x <greek-th> x <greek-th> x ``(2) If the substance described in paragraph (6) of Schedule V of section 202 is dispensed, sold, or distributed in a pharmacy-- <greek-th> x <greek-th> x <greek-th> x ``(A) the substance shall be dispensed, sold, or distributed only by a licensed pharmacist or a licensed pharmacy technician; and<greek-th> x <greek-th> x <greek-th> x ``(B) any person purchasing, receiving, or otherwise acquiring any such substance shall-- <greek-th> x <greek-th> x <greek-th> x ``(i) produce a photo identification showing the date of birth of such person; and<greek-th> x <greek-th> x <greek-th> x ``(ii) sign a written log or receipt showing-- <greek-th> x <greek-th> x <greek-th> x ``(I) the date of the transaction;<greek-th> x <greek-th> x <greek-th> x ``(II) the name of the person; and<greek-th> x <greek-th> x <greek-th> x ``(III) the name and the amount of the substance purchased, received, or otherwise acquired.<greek-th> x <greek-th> x <greek-th> x ``(3)(A) No person shall purchase, receive, or otherwise acquire more than 9 grams of the substance described in paragraph (6) of Schedule V of section 202 within any 30-day period.<greek-th> x <greek-th> x <greek-th> x ``(B) The limit described in subparagraph (A) shall not apply to any quantity of such substance dispensed under a valid prescription.<greek-th> x <greek-th> x <greek-th> x ``(4)(A) The Director of the Federal Drug Administration, by rule, may exempt a product from Schedule V of section 202 if the Director determines that the produce is not used in the illegal manufacture of methamphetamine or other controlled dangerous substance.<greek-th> x <greek-th> x <greek-th> x ``(B) The Director of the Federal Drug Administration, upon the application of a manufacturer of a drug product, may exempt the product from Schedule V of section 202 if the Director determines that the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.<greek-th> x <greek-th> x <greek-th> x ``(C) The Director of the Federal Drug Administration, by rule, may authorize the sale of the substance described in paragraph (6) of Schedule V of section 202 by persons other than licensed pharmacists or licensed pharmacy technicians if-- <greek-th> x <greek-th> x <greek-th> x ``(i) the Director finds evidence that the absence of a pharmacy creates a hardship for a community; and<greek-th> x <greek-th> x <greek-th> x <greek-th> x ``(ii) the authorized personnel follow the procedure set forth in this Act''.<greek-th> x <greek-th> x TITLE II--EDUCATION, PREVENTION, AND TREATMENT<greek-th> x SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.<greek-th> x Section 519 of the Public Health Service Act (42 U.S.C. 290bb0925) is amended--<greek-th> x (1) in subsection (b), by inserting after paragraph (8) the following:<greek-th> x ``(9) Development of drug endangered children rapid response teams that will intervene on behalf of children exposed to methamphetamine as a result of residing or being present in a home-based clandestine drug laboratory.''; and<greek-th> x (2) in subsection (o)--<greek-th> x (A) by striking ``For the purpose'' and inserting the following:<greek-th> x ``(1) In general.--For the purpose''; and<greek-th> x (B) by adding at the end the following:<greek-th> x ``(2) Drug endangered children rapid response teams.--There are authorized to be appropriated $2,500,000 for each of the fiscal years 2006 and 2007 to carry out the provisions of subsection (b)(9).''.<greek-th> x SEC. 202. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND RELATED CONDITIONS.<greek-th> x Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended--<greek-th> x (1) by redesignating the section 514 that relates to methamphetamine and appears after section 514A as section 514B;<greek-th> x (2) in section 514B, as redesignated--<greek-th> x (A) by amending subsection (a)(1) to read as follows:<greek-th> x ``(1) Grants authorized.--The Secretary may award grants to States, political subdivisions of States, American Indian Tribes, and private, nonprofit entities to provide treatment for methamphetamine abuse.'';<greek-th> x (B) by amending subsection (b) to read as follows:<greek-th> x ``(b) Priority for Rural Areas.--In awarding grants under subsection (a), the Secretary shall give priority to entities that will serve rural areas experiencing an increase in methamphetamine abuse.''; and<greek-th> x (C) in subsection (d)(1), by striking ``2000'' and all that follows and inserting ``2005 and such sums as may be necessary for each of fiscal years 2006 through 2009''; and<greek-th> x (3) by inserting after section 514B, as redesignated, the following:<greek-th> x ``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE CENTER.<greek-th> x ``(a) Program Authorized.--The Secretary, acting through the Administrator, and in consultation with the Director of the National Institutes of Health, shall award grants to, or enter into contracts with, public or private, nonprofit entities to establish a research, training, and technical assistance center to carry out the activities described in subsection (d).<greek-th> x ``(b) Application.--A public or private, nonprofit entity seeking a grant or contract under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.<greek-th> x ``(c) Condition.--In awarding grants or entering into contracts under subsection (a), the Secretary shall ensure that not less than 1 of the centers will focus on methamphetamine abuse in rural areas.<greek-th> x ``(d) Authorized Activities.--Each center established under this section shall--<greek-th> x ``(1) engage in research and evaluation of the effectiveness of treatment modalities for the treatment of methamphetamine abuse;<greek-th> x ``(2) disseminate information to public and private entities on effective treatments for methamphetamine abuse;<greek-th> x ``(3) provide direct technical assistance to States, political subdivisions of States, and private entities on how to improve the treatment of methamphetamine abuse; and<greek-th> x ``(4) provide training on the effects of methamphetamine use and on effective ways of treating methamphetamine abuse to substance abuse treatment professionals and community leaders.<greek-th> x ``(e) Reports.--Each grantee or contractor under this section shall annually submit a report to the Administrator that contains-- <greek-th> x ``(1) a description of the previous year's activities of the center established under this section;<greek-th> x ``(2) effective treatment modalities undertaken by the center; and<greek-th> x ``(3) evidence to demonstrate that such treatment modalities were successful.<greek-th> x ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2006 and such sums as may be necessary for each of fiscal years 2007 and 2008.''.<greek-th> x SEC. 203. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.<greek-th> x (a) Grants Authorized.--The Attorney General, acting through the Bureau of Justice Assistance, may award grants to States to establish methamphetamine precursor monitoring programs.<greek-th> x (b) Purpose.--The purpose of the grant program established under this section is to--<greek-th> x (1) prevent the sale of methamphetamine precursors, such as pseudoephedrine, to individuals in quantities so large that the only reasonable purpose of the purchase would be to manufacture methamphetamine;<greek-th> x (2) educate businesses that legally sell methamphetamine precursors of the need to balance the legitimate need for lawful access to medication with the risk that those substances may be used to manufacture methamphetamine; and<greek-th> x (3) recalibrate existing prescription drug monitoring programs designed to track the sale of controlled substances to also track the sale of pseudoephedrine in any amount greater than 6 grams.<greek-th> x (c) Use of Grant Funds.--Grant funds awarded to States under this section may be used to--<greek-th> x (1) implement a methamphetamine precursor monitoring program, including hiring personnel and purchasing computer hardware and software designed to monitor methamphetamine precursor purchases;<greek-th> x (2) expand existing methamphetamine precursor or prescription drug monitoring programs to accomplish the purposes described in subsection (b);<greek-th> x (3) pay for training and technical assistance for law enforcement personnel and employees of businesses that lawfully sell substances, which may be used as methamphetamine precursors;<greek-th> x (4) improve information sharing between adjacent States through enhanced connectivity; or<greek-th> x (5) make grants to subdivisions of the State to implement methamphetamine precursor monitoring programs.<greek-th> x (d) Application.--Any State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require.<greek-th> x <greek-th> x (e) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to carry out the provisions of this section.<greek-th> x <greek-th> x 08 x

Combat Meth Act of 2005 - Authorizes funds to provide training to State and local prosecutors and law enforcement agents for investigation and prosecution of methamphetamine offenses, including a set-aside for prosecutors and law enforcement agents for rural communities. Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to expand the public safety and community policing grant program to authorize the use of grant funds to hire personnel and purchase equipment to assist in enforcing and prosecuting methamphetamine offenses and in cleaning up methamphetamine-affected areas; (2) the Controlled Substances Act to add pseudoephedrine to schedule V; and (3) the Public Health Service Act to authorize grants for the development of drug endangered children rapid response teams and grants to local governments, Indian tribes, and nonprofit private entities to provide treatment for methamphetamine abuse. Directs the Attorney General to allocate funds for the hiring and training of special assistant U.S. attorneys. Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to States to establish methamphetamine precursor monitoring programs.

To respond to the illegal production, distribution, and use of methamphetamine in the United States, and for other purposes.

SECTION 1. PEG SIGNAL QUALITY AND CONTENT; PRESERVATION OF SUPPORT OF PEG USE. (a) In General.--Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following: ``(f) Signal Quality and Content.-- ``(1) In general.--A cable operator that operates a cable system with channel capacity designated under subsection (b) or that is required to provide channel capacity under subsection (g)(6) shall, with respect to such channel capacity-- ``(A) carry signals for public, educational, or governmental use from the point of origin of such signals to subscribers without material degradation and without altering or removing content or data provided as part of the public, educational, or governmental use; ``(B) provide such signals to, and make such signals viewable by, every subscriber of the cable system without additional service or equipment charges; and ``(C) provide to the appropriate local government subdivision, free of charge, any transmission services and the use of any transmission facilities that are necessary to meet the requirements of subparagraph (A). ``(2) Enforcement.--The requirements of this subsection may be enforced by-- ``(A) a local government subdivision; or ``(B) a State. ``(g) Preservation of Support of Public, Educational, and Governmental Use.-- ``(1) Level of support required.--In a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, notwithstanding such legislation, a cable operator owes to any local government subdivision in which the operator provides cable service during a year beginning after the date of enactment of this subsection an amount for such year to be determined by the local government subdivision, but not to exceed the greatest of the following: ``(A) The amount of support provided in the last calendar year ending before the effective date of such State legislation. ``(B) The average annual amount of support provided over the term of the franchise under which the cable operator was operating on the day before the effective date of such State legislation. ``(C) The amount of support that the cable operator is required to provide to such local government subdivision under such State legislation during the year involved. ``(D) An amount of support equal to 2 percent of the gross revenues of the cable operator from the operation of the cable system to provide cable services in such local government subdivision during the year involved. ``(2) Forms of support.--For purposes of paragraph (1), support for public, educational, or governmental use of a cable system means all cash payments, in-kind support, and free services that the operator of the cable system, or its predecessor, provides to the local government subdivision for such use of the cable system. ``(3) Adjustment for inflation.--For a year beginning on or after the effective date described in subparagraphs (A) and (B) of paragraph (1), on the date that the Gross National Product Price Index is first published by the Bureau of Economic Analysis after the end of June of such year, the amounts specified in such subparagraphs shall be increased by the percentage increase, if any, in the Index published on such date from the Index first published after the end of June of the preceding year. ``(4) Cash payments.--A cable operator that owes amounts under paragraph (1) shall, beginning not later than 30 days after the date of enactment of this subsection, pay such amounts in cash-- ``(A) in accordance with the schedule for payment of franchise fees, communications taxes, or other similar assessments under any applicable franchise; or ``(B) if there is no payment schedule for such assessments under an applicable franchise, in accordance with the most frequent payment schedule for such assessments under applicable State or local law. ``(5) Uses; disputes.-- ``(A) Uses.--Support provided to any local government subdivision under this subsection shall be dedicated to public, educational, or governmental use of channel capacity. ``(B) Disputes.-- ``(i) Mediation.--If there is a dispute as to amounts owed under this subsection, undisputed amounts shall be paid to the local government subdivision, disputed amounts shall be paid into an escrow account, and the parties shall submit to nonbinding mediation. ``(ii) Court proceedings.--If the dispute cannot be settled using mediation, either party may seek relief from a court of competent jurisdiction. ``(6) Channels.--In a State that adopts legislation affecting cable system franchising requirements relating to the number of channels for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, a cable operator shall, notwithstanding such legislation, provide in a local government subdivision at least the greater of the following number of channels for such use: ``(A) The number of channels for such use that the operator was providing in the local government subdivision on the day before the effective date of such State legislation. ``(B) If the operator provided fewer than 3 channels for such use in the local government subdivision on the day before the effective date of such State legislation, a number specified by the local government subdivision, but not to exceed 3. ``(7) Enforcement.--The requirements of this subsection may be enforced by-- ``(A) a local government subdivision; or ``(B) a State.''. (b) Definitions.-- (1) Cable service.--Section 602(6) of the Communications Act of 1934 (47 U.S.C. 522(6)) is amended by striking ``means'' and inserting ``means, regardless of the technology or transmission protocol used in the provision of service''. (2) Local government subdivision.--Section 602 of the Communications Act of 1934 (47 U.S.C. 522) is amended-- (A) by redesignating paragraphs (13) through (20) as paragraphs (14) through (21), respectively; and (B) by inserting after paragraph (12) the following: ``(13) the term `local government subdivision' means-- ``(A) except as provided in subparagraph (B), a franchising authority that derives its power to grant a franchise from State or local law; and ``(B) in a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, an entity that was considered a franchising authority deriving its power to grant a franchise from State or local law as of the day before the effective date of such State legislation;''. (3) Franchise fee.--Section 622(g)(2) of the Communications Act of 1934 (47 U.S.C. 542(g)(2)) is amended-- (A) in subparagraph (B), by striking ``in the case of any franchise in effect on the date of enactment of this title,''; (B) by striking subparagraph (C); and (C) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.

Amends the Communications Act of 1934 to require certain cable system operators, with channel capacity for public, educational, or governmental (PEG) use that is designated by a franchising authority under existing code provisions or required to be provided under this Act, to: (1) carry PEG-use signals to subscribers without material degradation and without altering or removing content or data; (2) provide viewable signals to every cable subscriber without additional service or equipment charges; and (3) provide to the appropriate local government subdivision (LGS), free of charge, any transmission services and the use of any transmission facilities necessary to meet such requirements. Requires a cable operator in a state adopting applicable franchising legislation that becomes effective after May 31, 2005, to: (1) owe any LGS in which the operator provides cable service during a year beginning after enactment of this Act an LGS-determined amount for such year, within specified limits, notwithstanding requirements relating to support for cable system PEG use in such state legislation; and (2) provide a certain number of channels for PEG use in an LGS, notwithstanding requirements relating to the number of PEG-use cable channels in such state legislation. Defines "local government subdivision" (referred to above as an LGS) as a franchising authority deriving its power to grant a franchise from state or local law or an entity considered such a franchising authority as of the day before the effective date of such state legislation relating to support. Specifies forms of support as cash payments, in-kind support, and free services provided by the cable system operator, or its predecessor, to the LGS for the cable system's PEG use. Sets forth provisions regarding: (1) LGS or state enforcement, and (2) nonbinding mediation and court proceedings concerning disputed support amounts. Revises the definition of "franchise fee" including by striking a provision prohibiting such a fee from including (in the case of a franchise granted after the enactment of the Cable Communications Policy Act of 1984) capital costs that the franchise requires the cable operator to incur for PEG access facilities.

A bill to amend the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes.