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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Surface Transportation Policy and Planning Act of 2009''. SEC. 2. ESTABLISHMENT OF A NATIONAL SURFACE TRANSPORTATION POLICY AND PLAN. (a) In General.--Chapter 3 of title 49, United States Code, is amended-- (1) by redesignating sections 304 through 309 as sections 307 through 312; (2) by redesignating sections 303 and 303a as sections 305 and 306, respectively; and (3) by inserting after section 302, the following: ``Sec. 303. National surface transportation policy ``(a) Policy.--It is the policy of the United States to develop a comprehensive national surface transportation system that advances the national interest and defense, interstate and foreign commerce, the efficient and safe interstate mobility of people and goods, and the protection of the environment. The system shall be built, maintained, managed, and operated as a partnership between the Federal, State, and local governments and the private sector and shall be coordinated with the overall transportation system of the United States, including the Nation's air, rail, pipeline, and water transportation systems. The Secretary of Transportation shall be responsible for carrying out this policy and for defining the Federal Government's role in the system. ``(b) Objectives.--The objectives of the policy shall be to facilitate and advance-- ``(1) the efficient connectivity of persons and goods within and between nations, regions, States, and metropolitan areas; ``(2) the safety and health of the public; ``(3) the security of the Nation and the public; ``(4) environmental protection and enhancement, including the reduction of carbon-related emissions; ``(5) energy conservation and security, including reducing transportation-related energy use; ``(6) international and interstate freight movement, trade enhancement, job creation, and economic development; ``(7) responsible land use and sustainable development; ``(8) the preservation and adequate performance of system- critical transportation assets, as defined by the Secretary; ``(9) reasonable access to the national surface transportation system for all system users, including rural communities; ``(10) sustainable, balanced, and adequate financing of the national surface transportation system; and ``(11) innovation in transportation services, infrastructure, and technology. ``(c) Goals.-- ``(1) In general.--The goals of the policy shall be-- ``(A) to reduce national per capita motor vehicle miles traveled on an annual basis; ``(B) to reduce national motor vehicle-related fatalities by 50 percent by 2030; ``(C) to reduce national surface transportation- generated carbon dioxide levels by 40 percent by 2030; ``(D) to reduce national surface transportation delays per capita on an annual basis; ``(E) to increase the percentage of system-critical surface transportation assets, as defined by the Secretary, that are in a state of good repair by 20 percent by 2030; ``(F) to increase the total usage of public transportation, intercity passenger rail services, and non-motorized transportation on an annual basis; ``(G) to increase the proportion of national freight transportation provided by non-highway or multimodal services by 10 percent by 2020; ``(H) to reduce passenger and freight transportation delays and congestion at international points of entry on an annual basis; ``(I) to ensure adequate transportation of domestic energy supplies; and ``(J) to maintain or the reduce the percentage of gross domestic product consumed by transportation costs. ``(2) Baselines.--Within 1 year after the date of enactment of the National Surface Transportation Policy and Planning Act of 2009, the Secretary shall develop baselines for the goals and shall determine appropriate methods of data collection to measure the attainment of the goals. ``(d) Requirements.--The Secretary, consistent with the plan developed under section 304 and notwithstanding any other provision of law in effect as of the date of enactment of the National Surface Transportation Policy and Planning Act of 2009, shall-- ``(1) develop appropriate performance criteria and data collections systems for each Federal surface transportation program in order to evaluate: ``(A) whether such programs are consistent with the policy, objectives, and goals established by this section; and ``(B) how effective such programs are in contributing to the achievement of the policy, objectives, and goals established by this section; ``(2) using the criteria developed under paragraph (1), annually evaluate each such program and provide the results to the public; ``(3) based on the evaluation performed under paragraph (2), make any necessary changes or improvements to such programs to ensure such consistency and effectiveness; ``(4) align the availability and award of Federal surface transportation funding to meet the policy, objectives, goals, and performance criteria established by this section, consistent with the evaluation performed under paragraph (2); ``(5) carry out this section in a manner that is consistent with sections 302, 5503, 10101, and 13101 of this title and section 101 of title 23 to the extent that such sections do not conflict with the policy, objectives, and goals established by this section; ``(6) review, update, and reissue all relevant surface transportation planning requirements to ensure that such requirements require that regional, State, and local surface transportation planning efforts funded with Federal funds are consistent with the policy, objectives, and goals established by this section; and ``(7) require recipients of Federal surface transportation funds to annually report on the use of such funds, including a description of-- ``(A) which projects and priorities were funded with such funds; ``(B) the rationale and method employed for apportioning such funds to the projects and priorities; and ``(C) how the obligation of such funds is consistent with or advances the policy, objectives, and goals established by this section. ``(e) Authority.-- ``(1) In general.--Notwithstanding any other provision of law in effect as of the date of enactment of the National Surface Transportation Policy and Planning Act of 2009, the Secretary may, through a process of public notice and comment and with reasonable prior notice to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure preceding any significant change, consistent with the public interest, amend the goals under subsection (c) or develop additional goals to effectively meet the policy and objectives set forth in this section. ``(2) The Secretary may also make recommendations to those Committees for reorganizing the Department of Transportation, as necessary and consistent with the requirements of section 304(b)(6), in order to achieve the policy, objectives, and goals established by this section. ``Sec. 304. National surface transportation performance plan ``(a) Development.--Within 2 years after the date of enactment of the National Surface Transportation Policy and Planning Act of 2009, the Secretary of Transportation shall develop and implement a National Surface Transportation Performance Plan to achieve the policy, objectives, and goals set forth in section 303. ``(b) Contents.--The plan shall include-- ``(1) an assessment of the current performance of the national surface transportation system and an analysis of the system's ability to achieve the policy, objectives, and goals set forth in section 303; ``(2) an analysis of emerging and long-term projected trends that will impact the performance, needs, and uses of the national surface transportation system; ``(3) a description of the major impediments to effectively meeting the policy, objectives, and goals set forth in section 303 and recommended actions to address such impediments; ``(4) a comprehensive strategy and investment plan to meet the policy, objectives, and goals set forth in section 303; ``(5) initiatives to improve transportation modeling, research, data collection, and analysis; and ``(6) a plan for any reorganization of the Department of Transportation or its agencies necessary to meet the policy, objectives, and goals set forth in section 303. ``(c) Consultation.--In developing the plan required by subsection (a), the Secretary shall-- ``(1) consult with local, State, and tribal governments, public and private transportation providers and carriers, non- profit organizations representing transportation employees, appropriate foreign governments, and other interested parties; and ``(2) provide public notice and hearings and solicit public comments on the plan. ``(d) Submittal.--The Secretary shall submit the completed plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. ``(e) Progress Reports.--The Secretary shall submit biennial progress reports on the implementation of the plan beginning 2 years after the date of submittal of the plan under subsection (d) to the Committees. The progress report shall-- ``(1) describe progress made toward fully implementing the plan and achieving the policies, objectives, and goals established under section 303; ``(2) describe challenges and obstacles to full implementation; ``(3) describe updates to the plan necessary to reflect changed circumstances or new developments; and ``(4) make policy and legislative recommendations the Secretary believes are necessary and appropriate to fully implement the plan. ``(f) Data.--The Secretary shall have the authority to conduct studies, gather information, and require the production of data necessary to develop or update this plan, consistent with Federal privacy standards. ``(g) Funding.--The Secretary may use such sums as may be necessary from any funds provided to the Department of Transportation for surface transportation programs for the purpose of completing and updating the plan and developing and issuing the progress reports pursuant to this section.''. (b) Conforming Amendments.-- (1) Section 302(a) of title 49, United States Code, is amended by striking ``10101 and 13101'' and inserting ``303, 10101, and 13101''. (2) Section 308, as redesignated, of title 49, United States Code, is amended by striking ``sections 301-304'' and inserting ``sections 301 through 307''. (3) The table of contents for chapter 3 of title 49, United States Code, is amended-- (A) by redesignating the items relating to sections 303 through 309 as relating to sections 305 through 312; and (B) by inserting after the item relating to section 302 the following: ``303. National surface transportation policy. ``304. National surface transportation performance plan.''.

Federal Surface Transportation Policy and Planning Act of 2009 - Declares it is U.S. policy to develop a national surface transportation system that advances the national interest and defense, interstate and foreign commerce, the efficient and safe interstate mobility of people and goods, and the protection of the environment. Sets forth certain U.S. policy objectives and goals, including to: (1) reduce national per capita motor vehicle miles traveled annually; (2) reduce national surface transportation-generated carbon dioxide levels by 40% by 2030; (3) reduce national surface transportation (including passenger and freight) delays and congestion at U.S. points of entry; (4) increase the total usage of public transportation, intercity passenger rail services, and non-motorized transportation; and (5) ensure adequate transportation of domestic energy supplies. Directs the Secretary of Transportation to: (1) develop performance criteria and data collections systems to evaluate the effectiveness of federal surface transportation programs; (2) implement such programs to meet the policy, objectives, goals, and performance criteria established by this Act; and (3) develop and implement a National Surface Transportation Performance Plan. Authorizes the Secretary to amend the goals established under this Act.

A bill to amend title 49, United States Code, to establish national purposes and goals for Federal surface transportation activities and programs and create a national surface transportation plan.

SECTION 1. TEXAS CITY SHIP CHANNEL, TEXAS CITY, TEXAS. (a) In General.--The portion of the Texas City Ship Channel, Texas City, Texas, described in subsection (b) shall not be subject to navigational servitude beginning on the date of enactment of this Act. (b) Description.--The portion of the Texas City Ship Channel described in this subsection is a tract or parcel containing 393.53 acres (17,142,111 square feet) of land situated in the City of Texas City Survey, Abstract Number 681, and State of Texas Submerged Lands Tracts 98A and 99A, Galveston County, Texas, said 393.53 acre tract being more particularly described as follows: (1) Beginning at the intersection of an edge of fill along Galveston Bay with the most northerly east survey line of said City of Texas City Survey, Abstract No. 681, the same being a called 375.75 acre tract patented by the State of Texas to the City of Texas City and recorded in Volume 1941, Page 750 of the Galveston County Deed Records (G.C.D.R.), from which a found U.S. Army Corps of Engineers Brass Cap stamped ``R 4-3'' set in the top of the Texas City Dike along the east side of Bay Street bears North 56 14' 32" West, a distance of 6,045.31 feet and from which a found U.S. Army Corps of Engineers Brass Cap stamped ``R 4-2'' set in the top of the Texas City Dike along the east side of Bay Street bears North 49 13' 20" West, a distance of 6,693.64 feet. (2) Thence, over and across said State Tracts 98A and 99A and along the edge of fill along said Galveston Bay, the following eight (8) courses and distances: (A) South 75 49' 13" East, a distance of 298.08 feet to an angle point of the tract herein described. (B) South 81 16' 26" East, a distance of 170.58 feet to an angle point of the tract herein described. (C) South 79 20' 31" East, a distance of 802.34 feet to an angle point of the tract herein described. (D) South 75 57' 32" East, a distance of 869.68 feet to a point for the beginning of a non-tangent curve to the right. (E) Easterly along said non-tangent curve to the right having a radius of 736.80 feet, a central angle of 24 55' 59", a chord of South 68 47' 35" East - 318.10 feet, and an arc length of 320.63 feet to a point for the beginning of a non-tangent curve to the left. (F) Easterly along said non-tangent curve to the left having a radius of 373.30 feet, a central angle of 31 57' 42", a chord of South 66 10' 42" East - 205.55 feet, and an arc length of 208.24 feet to a point for the beginning of a non-tangent curve to the right. (G) Easterly along said non-tangent curve to the right having a radius of 15,450.89 feet, a central angle of 02 04' 10", a chord of South 81 56' 20" East - 558.04 feet, and an arc length of 558.07 feet to a point for the beginning of a compound curve to the right and the northeasterly corner of the tract herein described. (H) Southerly along said compound curve to the right and the easterly line of the tract herein described, having a radius of 1,425.00 feet, a central angle of 133 08' 00", a chord of South 14 20' 15" East - 2,614.94 feet, and an arc length of 3,311.15 feet to a point on a line lying 125.00 feet northerly of and parallel with the centerline of an existing levee for the southeasterly corner of the tract herein described. (3) Thence, continuing over and across said State Tracts 98A and 99A and along lines lying 125.00 feet northerly of, parallel, and concentric with the centerline of said existing levee, the following twelve (12) courses and distances: (A) North 78 01' 58" West, a distance of 840.90 feet to an angle point of the tract herein described. (B) North 76 58' 35" West, a distance of 976.66 feet to an angle point of the tract herein described. (C) North 76 44' 33" West, a distance of 1,757.03 feet to a point for the beginning of a tangent curve to the left. (D) Southwesterly, along said tangent curve to the left having a radius of 185.00 feet, a central angle of 82 27' 32", a chord of South 62 01' 41" West - 243.86 feet, and an arc length of 266.25 feet to a point for the beginning of a compound curve to the left. (E) Southerly, along said compound curve to the left having a radius of 4,535.58 feet, a central angle of 11 06' 58", a chord of South 15 14' 26" West - 878.59 feet, and an arc length of 879.97 feet to an angle point of the tract herein described. (F) South 64 37' 11" West, a distance of 146.03 feet to an angle point of the tract herein described. (G) South 67 08' 21" West, a distance of 194.42 feet to an angle point of the tract herein described. (H) North 34 48' 22" West, a distance of 789.69 feet to an angle point of the tract herein described. (I) South 42 47' 10" West, a distance of 161.01 feet to an angle point of the tract herein described. (J) South 42 47' 10" West, a distance of 144.66 feet to a point for the beginning of a tangent curve to the right. (K) Westerly, along said tangent curve to the right having a radius of 310.00 feet, a central angle of 59 50' 28", a chord of South 72 42' 24" West - 309.26 feet, and an arc length of 323.77 feet to an angle point of the tract herein described. (L) North 77 22' 21" West, a distance of 591.41 feet to the intersection of said parallel line with the edge of fill adjacent to the easterly edge of the Texas City Turning Basin for the southwesterly corner of the tract herein described, from which a found U.S. Army Corps of Engineers Brass Cap stamped ``SWAN 2'' set in the top of a concrete column set flush in the ground along the north bank of Swan Lake bears South 20 51' 58" West, a distance of 4,862.67 feet. (4) Thence, over and across said City of Texas City Survey and along the edge of fill adjacent to the easterly edge of said Texas City Turning Basin, the following eighteen (18) courses and distances: (A) North 01 34' 19" East, a distance of 57.40 feet to an angle point of the tract herein described. (B) North 05 02' 13" West, a distance of 161.85 feet to an angle point of the tract herein described. (C) North 06 01' 56" East, a distance of 297.75 feet to an angle point of the tract herein described. (D) North 06 18' 07" West, a distance of 71.33 feet to an angle point of the tract herein described. (E) North 07 21' 09" West, a distance of 122.45 feet to an angle point of the tract herein described. (F) North 26 41' 15" West, a distance of 46.02 feet to an angle point of the tract herein described. (G) North 01 31' 59" West, a distance of 219.78 feet to an angle point of the tract herein described. (H) North 15 54' 07" West, a distance of 104.89 feet to an angle point of the tract herein described. (I) North 04 00' 34" East, a distance of 72.94 feet to an angle point of the tract herein described. (J) North 06 46' 38" West, a distance of 78.89 feet to an angle point of the tract herein described. (K) North 12 07' 59" West, a distance of 182.79 feet to an angle point of the tract herein described. (L) North 20 50' 47" West, a distance of 105.74 feet to an angle point of the tract herein described. (M) North 02 02' 04" West, a distance of 184.50 feet to an angle point of the tract herein described. (N) North 08 07' 11" East, a distance of 102.23 feet to an angle point of the tract herein described. (O) North 08 16' 00" West, a distance of 213.45 feet to an angle point of the tract herein described. (P) North 03 15' 16" West, a distance of 336.45 feet to a point for the beginning of a non-tangent curve to the left. (Q) Northerly along said non-tangent curve to the left having a radius of 896.08 feet, a central angle of 14 00' 05", a chord of North 09 36' 03" West - 218.43 feet, and an arc length of 218.97 feet to a point for the beginning of a non-tangent curve to the right. (R) Northerly along said non-tangent curve to the right having a radius of 483.33 feet, a central angle of 19 13' 34", a chord of North 13 52' 03" East - 161.43 feet, and an arc length of 162.18 feet to a point for the northwesterly corner of the tract herein described. (5) Thence, continuing over and across said City of Texas City Survey, and along the edge of fill along said Galveston Bay, the following fifteen (15) courses and distances: (A) North 30 45' 02" East, a distance of 189.03 feet to an angle point of the tract herein described. (B) North 34 20' 49" East, a distance of 174.16 feet to a point for the beginning of a non-tangent curve to the right. (C) Northeasterly along said non-tangent curve to the right having a radius of 202.01 feet, a central angle of 25 53' 37", a chord of North 33 14' 58" East - 90.52 feet, and an arc length of 91.29 feet to a point for the beginning of a non-tangent curve to the left. (D) Northeasterly along said non-tangent curve to the left having a radius of 463.30 feet, a central angle of 23 23' 57", a chord of North 48 02' 53" East - 187.90 feet, and an arc length of 189.21 feet to a point for the beginning of a non-tangent curve to the right. (E) Northeasterly along said non-tangent curve to the right having a radius of 768.99 feet, a central angle of 16 24' 19", a chord of North 43 01' 40" East - 219.43 feet, and an arc length of 220.18 feet to an angle point of the tract herein described. (F) North 38 56' 50" East, a distance of 126.41 feet to an angle point of the tract herein described. (G) North 42 59' 50" East, a distance of 128.28 feet to a point for the beginning of a non-tangent curve to the right. (H) Northerly along said non-tangent curve to the right having a radius of 151.96 feet, a central angle of 68 36' 31", a chord of North 57 59' 42" East - 171.29 feet, and an arc length of 181.96 feet to a point for the most northerly corner of the tract herein described. (I) South 77 14' 49" East, a distance of 131.60 feet to an angle point of the tract herein described. (J) South 84 44' 18" East, a distance of 86.58 feet to an angle point of the tract herein described. (K) South 58 14' 45" East, a distance of 69.62 feet to an angle point of the tract herein described. (L) South 49 44' 51" East, a distance of 149.00 feet to an angle point of the tract herein described. (M) South 44 47' 21" East, a distance of 353.77 feet to a point for the beginning of a non-tangent curve to the left. (N) Easterly along said non-tangent curve to the left having a radius of 253.99 feet, a central angle of 98 53' 23", a chord of South 83 28' 51" East - 385.96 feet, and an arc length of 438.38 feet to an angle point of the tract herein described. (O) South 75 49' 13" East, a distance of 321.52 feet to the point of beginning and containing 393.53 acres (17,142,111 square feet) of land.

This bill declares that a specified portion of the Texas City Ship Channel, Texas City, Texas, shall not be subject to navigational servitude.

To remove the Federal claim to navigational servitude for a parcel of land in Texas City, Texas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rim of the Valley Corridor Study Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The greater Southern California metropolitan region is the second largest urban concentration in the United States, with almost one-tenth of the total population of the country, yet it has one of the lowest ratios of park-and-recreation- lands-per-thousand-population of any urban area in the country. Unless action is taken soon, this situation will only become worse as the region continues to be subjected to intense growth. (2) The lack of park, recreation, natural open space, and habitat protection in close proximity to the greater Southern California metropolitan region deprives the individuals who reside there of-- (A) the health and spiritual welfare benefits of proximity to nature; and (B) the quantifiable benefits of reduced crime, lower social tension, and increased educational opportunities that are associated with the provision of open space in geographic proximity to and accessible to urban populations. (3) The Rim of the Valley Corridor encircling the San Fernando and La Crescenta valleys provides important scenic, environmental, recreational, educational, scientific, and economic assets to the greater Southern California metropolitan region. These assets are deserving of increased protection so that they can continue to provide public benefit in the 21st century and beyond. (4) The Rim of the Valley Corridor, consisting of parts of the Santa Monica Mountains, Santa Susanna Mountains, San Gabriel Mountains, Verdugo Mountains, San Rafael Hills, and adjacent connector areas to the Los Padres and San Bernardino National Forests, contains significant examples of-- (A) the world's most endangered habitat area, the Mediterranean chaparral ecosystem; and (B) significant examples of separate ecotones indigenous to the area. (5) A key element of the Rim of the Valley Corridor is the escarpment of the San Gabriel Mountains that is largely contained within the Angeles National Forest. That national forest is primarily managed for watershed, recreational, and habitat values and not for commercial exploitation of forest resources. (6) Privately owned lands within the Rim of the Valley Corridor are critical to providing additional scenic, environmental, recreational, and open space values. These lands should be brought within public protection through the use of voluntary incentives, respecting at all times the legitimate private property values of existing property owners. (7) The State of California has adopted the Rim of the Valley Master Plan, and local governments within the Rim of the Valley Corridor have made significant progress toward protecting the unique natural and recreational resources of the area. However, these efforts have been hampered by a lack of financial resources, technical assistance, and resource management expertise that can be provided by the Federal Government. SEC. 3. STUDY OF RIM OF THE VALLEY CORRIDOR FOR ESTABLISHMENT AS UNIT OF THE SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA. (a) In General.--The Secretary of the Interior shall conduct a special resource study of the lands, waters, and interests of the area comprising the Rim of the Valley Corridor in Southern California, as depicted on the maps on file on June 15, 2001, in the office of the Secretary of the State of California pursuant to Division 23 of the California Public Resources Code (section 33000 et seq.). (b) Study Topics.--The study shall evaluate the national significance of the area and the suitability and feasibility of establishing it as a unit of the Santa Monica Mountains National Recreation Area of the National Park System. (c) Criteria.--In conducting the study authorized by this section, the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System contained in section 8 of Public Law 91-383 (16 U.S.C. 1a-5). (d) Consultation.--In conducting the study authorized by this section, the Secretary shall regularly consult with the Rim of the Valley Corridor and Santa Monica Mountains National Recreation Area Advisory Committee established by section 4. SEC. 4. ESTABLISHMENT OF ADVISORY COMMITTEE. (a) Establishment.--There is established the Rim of the Valley Corridor and Santa Monica Mountains National Recreation Area Advisory Committee (in this section referred to as the ``Committee''). (b) Recommendation of Boundaries for Expanded Recreation Area.-- (1) In general.--The Committee shall-- (A) advise the Secretary of the Interior regarding the conduct of the study under section 3; and (B) recommend to the Secretary of the Interior boundaries for a Santa Monica Mountains and Rim of the Valley National Recreation Area. (2) Boundary requirements.--The boundaries recommended by the Committee shall-- (A) reflect the boundaries of the Santa Monica Mountains National Recreation Area, as in effect on the date of the enactment of this Act; and (B) generally include the lands, waters, and interests comprising the Rim of the Valley Corridor as depicted on the maps as on file on June 15, 2001, in the office of the Secretary of the State of California pursuant to Division 23 of the California Public Resources Code (section 33000 et seq.). (3) Submission.--The Committee shall-- (A) submit a recommendation to the Secretary of the Interior under this subsection within 365 days after the first meeting of the Committee; and (B) include in the recommendation maps depicting the boundaries proposed for a Santa Monica Mountains and Rim of the Valley National Recreation Area. (4) Public participation.--The Committee shall provide opportunities for public participation in and comment on the recommendation of boundaries under this subsection. (c) Membership.--The Committee consists of 24 members appointed by the Secretary of the Interior, as follows: (1) 17 representatives of local governments having jurisdiction over areas in the vicinity of the recreation area, of whom one shall be nominated by each of-- (A) the mayor of the city of Los Angeles; (B) the board of supervisors of the county of Los Angeles; (C) the board of supervisors of the county of Ventura; (D) the city council of the city of Thousand Oaks; (E) the city council of the city of Agoura Hills; (F) the city council of the city of Westlake Village; (G) the city council of the city of Malibu; (H) the city council of the city of Calabasas; (I) the city council of the city of Burbank; (J) the city council of the city of Glendale; (K) the city council of the city of La Canada- Flintridge; (L) the city council of the city of Pasadena; (M) the city council of the city of Sierra Madre; (N) the city council of the city of South Pasadena; (O) the city council of the city of Santa Clarita; (P) the city council of the city of Moorpark; and (Q) the board of supervisors of Los Angeles county to represent the unincorporated communities within the jurisdiction of the East Rim of the Valley Trail Corridor, after consultation with the Town Council of Altadena and the Crescenta Valley Town Council. (2) The Superintendent of the Santa Monica Mountains National Recreation Area, or a designee of such Superintendent. (3) The Supervisor of the Angeles National Forest, or a designee of such Supervisor. (4) The Superintendent of the Angeles District of the State of California Department of Parks and Recreation, or a designee of such Superintendent. (5) The Director of the Santa Monica Mountains Conservancy, or a designee of such Director. (6) One representative of the Rancho Simi Recreation and Park District, nominated by the Board of Directors of such district. (7) One representative of the Conejo Recreation and Park District, nominated by the Board of Directors of such district. (8) One representative of the Pleasant Valley Recreation and Park District, nominated by the Board of Directors of such district. (d) Chairperson and Vice Chairperson.--The Committee shall select from among its members a chairperson and a vice chairperson. (e) Compensation and Expenses.--The members of the Committee shall serve without compensation, but shall be reimbursed by the Secretary of the Interior for necessary expenses incurred in the performance of their duties. (f) Quorum.--13 members of the Committee shall constitute a quorum for the transaction of any business. (g) Termination.--The Committee shall terminate upon the submittal by the Secretary of the special resources study under section 3 to the Congress.

Rim of the Valley Corridor Study Act - Directs the Secretary of the Interior to conduct a special resource study of the lands, waters, and interests of the Rim of the Valley Corridor in Southern California to evaluate its national significance and the suitability and feasibility of establishing it as a unit of the Santa Monica Mountains National Recreation Area of the National Park System.Establishes the Rim of the Valley Corridor and Santa Monica Mountains National Recreation Area Advisory Committee to: (1) advise the Secretary regarding such study; and (2) recommend to the Secretary boundaries for a Santa Monica Mountains and Rim of the Valley National Recreation Area.

To direct the Secretary of the Interior to conduct a special resources study to evaluate the suitability and feasibility of establishing the Rim of the Valley Corridor as a unit of the Santa Monica Mountains National Recreation Area.

<greek-th> x SECTION 1. SHORT TITLE. <greek-th> x This Act may be cited as the ``Child Modeling Exploitation Prevention Act''.<greek-th> x SEC. 2. FINDINGS. <greek-th> x The Congress finds the following:<greek-th> x (1) The use of children in the production of exploitive child modeling, including on Internet websites, in photographs, films, videos, and other visual depictions, is a form of child abuse that can result in physical and psychological harm to the children involved. <greek-th> x (2) Exploitive child modeling is different from other, legitimate, child modeling because exploitive child modeling involves marketing the child himself or herself in lascivious positions and acts, rather than actually marketing products to average American consumers. <greek-th> x (3) The purpose of exploitive child modeling is to satisfy the demand of pedophiles. <greek-th> x (4) Unlike legitimate child modeling, exploitive child modeling may involve a direct and personal interaction between the child model and the pedophile. The pedophile often knows the child's name and has a way of communicating with the child. <greek-th> x (5) The interaction between the exploited child model and the pedophile can lead the child to trust pedophiles and to believe that it is acceptable and safe to meet with pedophiles in private. <greek-th> x (6) Over 70 percent of convicted pedophiles have used child pornography or exploitive child modeling depictions to whet their sexual appetites. Because children are used in its production, exploitive child modeling can place the child in danger of being abducted, abused, or murdered by the pedophiles who view such depictions. <greek-th> x (7) These exploitive exhibitions of children are unacceptable by social standards and lead to a direct harm to the children involved. <greek-th> x SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING. <greek-th> x (a) Prohibition on Employment.--Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following:<greek-th> x ``(e)(1) No employer may employ a child model in exploitive child modeling.<greek-th> x ``(2) Notwithstanding section 16(a), whoever violates paragraph (1) shall be fined under title 18 or imprisoned not more than 10 years, or both.<greek-th> x ``(3)(A) In this subsection, the term `exploitive child modeling' means modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the image of the child.<greek-th> x ``(B) Such term applies to any such use, regardless of whether the employment relationship of the child is direct or indirect, or contractual or noncontractual, or is termed that of an independent contractor.<greek-th> x ``(C) Such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.''.<greek-th> x (b) Oppressive Child Labor.--Section 3(l) of such Act (29 U.S.C. 203(l)) is amended--<greek-th> x (1) by striking ``(1) any'' and inserting ``(A) any'';<greek-th> x (2) by striking ``(2) any'' and inserting ``(B) any'';<greek-th> x (3) by inserting ``(1)'' after ``(l)''; and<greek-th> x (4) by adding at the end the following new paragraph:<greek-th> x ``(2) Such term includes employment of a minor in violation of section 12(e)(1).''.<greek-th> x SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE. <greek-th> x (a) In General.--110 of title 18, United States Code, is amended by inserting after section 2252A the following:<greek-th> x ``2252B. Exploitive child modeling<greek-th> x ``(a) In General.--Except as provided in subsection (b), whoever, in or affecting interstate or foreign commerce, with the intent to make a financial gain thereby--displays or offers to provide the image of an individual engaged in exploitive child modeling (as defined in section 12(e) of the Fair Labor Standards Act of 1938) shall be fined under this title or imprisoned not more than 10 years, or both.<greek-th> x ``(b) Exception.--This section does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.''.<greek-th> x (b) Clerical Amendment.--The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2252A the following:<greek-th> x <greek-th> x <greek-th><greek-e>``2252B. Exploitive child modeling.''.<greek-th><greek-e>

Child Modeling Exploitation Prevention Act - Amends the Fair Labor Standards Act of 1938 to prohibit an employer from employing a child model in exploitive child modeling. Defines "exploitive child modeling" as modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the child's image, regardless of whether the employment relationship of the child is direct or indirect, contractual or non-contractual, or is termed that of an independent contractor. Provides that such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.Sets penalties for violations. Includes employment of a minor in violation of such provision within the definition of "oppressive child labor."Amends the Federal criminal code to prohibit displaying or offering to provide the image of an individual engaged in exploitive child modeling, in or affecting interstate or foreign commerce, with the intent to make a financial gain, except with respect to an image which has serious literary, artistic, political, or scientific value.

To protect children from exploitive child modeling, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Asset Management Improvement Act of 2001''. TITLE I--IMPROVED PROPERTY MANAGEMENT SEC. 101. PERFORMANCE MEASUREMENT. (a) Performance Measures Required.-- (1) In general.--The Administrator, in consultation with the heads of executive agencies, shall establish performance measures to determine the effectiveness of Federal property management. The performance measures shall be designed to-- (A) enable the Congress and heads of executive agencies to track progress in the achievement of property management objectives on a governmentwide basis; and (B) allow for comparing the performance of executive agencies against industry and other public sector agencies in terms of performance. (2) Use of existing data and data collection tools.--In developing and implementing the performance measures, the Administrator shall use existing data sources and automated data collection tools to the maximum extent practical. (b) Executive Agencies.--The head of each executive agency shall-- (1) monitor the performance of the agency against the performance measures established under subsection (a); and (2) report the results of such monitoring to the Congress in the agency's budget submission under section 1105 of title 31, United States Code. (c) Management Plan.--Within 90 days after the date of the enactment of this Act, the Administrator of General Services shall submit to the Congress a program management plan describing-- (1) how the program established by this Act will be implemented; (2) individuals who will exercise operational authority over the program; (3) the qualifications of such individuals; and (4) a timeline for implementation of the program. TITLE II--PUBLIC-PRIVATE PARTNERSHIPS SEC. 201. PUBLIC-PRIVATE PARTNERSHIP AUTHORITY. Title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the following: ``Sec. 213. (a) The Administrator may enter into agreements for the creation of one or more public-private partnerships with a nongovernmental person, the purpose of which shall be (1) to lease Federal real property under the terms of subsection (c), and (2) to develop, rehabilitate, or renovate facilities on such leased property for the use, in whole or part, by executive agencies. The public- private partnership may be a limited liability company, limited partnership, corporation, business trust, or other form of entity, as the Administrator may designate. The nongovernmental person shall exercise control of the management of the public-private partnership, and shall hold a majority interest in ownership and profits of the public-private partnership. ``(b) Each agreement entered into pursuant to this section-- ``(1) shall have as its primary purpose the enhancement of the functional and economic efficiency of Federal real property; ``(2) shall be negotiated pursuant to such procedures as the Administrator considers necessary to promote competition and protect the public interest; ``(3) shall provide a lease option to the United States to occupy space in the facilities acquired, constructed, or rehabilitated by the public-private partnership, but shall not guarantee occupancy by the United States; ``(4) shall describe the consideration, duties, and responsibilities for which the United States and the nongovernmental person are responsible and may provide for the alteration, repair, or improvement of the real property as part or all of the consideration of the nongovernmental person, notwithstanding any provision of law, including the Act of June 30, 1932 (chapter 314; 40 U.S.C. 303b); ``(5) shall provide-- ``(A) that the United States shall not be liable for any actions, debts, or liability of any person created by such agreement; and ``(B) that no person is authorized by the agreement to execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and ``(6) shall provide that the leasehold interests of the United States are senior to that of any lender to the nongovernmental person. Paragraph (6) shall not impair the ability of a public-private partnership to pledge as collateral its leasehold interest under a lease with the United States entered into pursuant to the terms of subsection (c). ``(c)(1) Notwithstanding any other provision of law, including sections 202 and 203 of this Act, the Administrator may lease real property to a public-private partnership created under this section in furtherance of agreements under subsection (a). ``(2) Master leases under this subsection may be for such period as the Administrator determines appropriate. ``(3) The Administrator may dispose of equity interest controlled by the United States in any public-private partnership created under this section whenever determined by the Administrator to be beneficial to the United States, if the Administrator receives the estimated fair market value of such interests. Proceeds from such disposal shall be deposited into the fund created by section 210(f). ``(4) Real property leased under this subsection shall not be considered unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act and may be leased under this subsection without regard to any other provision of law. ``(d) Notwithstanding any other provision of law, the Administrator, or his or her designee, may provide services to a public-private partnership created under this section on such terms as the Administrator considers appropriate. ``(e)(1) Notwithstanding any other provision of law, the Administrator may retain and use any revenues derived from agreements entered into under this section for the physical improvement of Federal real property. ``(2) At the discretion of the Administrator, revenues from master leases authorized by this section shall be deposited into the fund established by section 210(f), or deposited into the general fund of the Treasury as miscellaneous receipts. ``(3) Net revenues received by the Administrator from public- private partnerships created under this section, other than proceeds from master leases of real property, shall be deposited in the fund established by section 210(f). ``(f) Upon request of the head of an executive agency, the Administrator shall delegate to the head of the executive agency authority of the Administrator under subsections (a) through (e). ``(g) The Administrator shall prepare and transmit to the Congress a business plan regarding each agreement with a nongovernmental person under this section not later than 30 days before the date on which the Administrator enters into the agreement. The business plan shall identify the property that the Administrator proposes to make available under the agreement, an explanation of the agreement, the name, resources, and qualifications of the nongovernmental person, the factors in support of the proposed project, and performance measures by which the proposed project will be measured. ``(h) The Administrator shall describe, in the budget submitted by the President pursuant to section 1105 of title 31, United States Code, the projected economic performance, including expenditures and receipts, arising from agreements entered into pursuant this section. ``(i) In this section: ``(1) The term `nongovernmental person' means a person that is not an executive agency. ``(2) The term `master lease' means a conveyance of Federal real property to a public-private partnership created under this section through a lease entered into by the Administrator with the public-private partnership.''. SEC. 202. REPORTS. (a) Office of the Administrator.--Not later than 5 years after the date of enactment of this Act, the Administrator of General Services shall submit to the Congress a report on the use by executive agencies of the authorities provided by this Act. The report shall-- (1) assess the effectiveness of the authority to enter into agreements to enhance the value of the properties subject to the agreements; and (2) review the performance measures included in the explanatory statements submitted pursuant to section 201. (b) Report of the Comptroller General.--Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the use by executive agencies of the authorities provided by this Act.

Federal Asset Management Improvement Act of 2001 - Directs the: (1) Administrator of General Services to establish performance measures to determine the effectiveness of Federal property management; (2) head of each executive agency to monitor their agency's performance against such measures and report results to Congress; and (3) Administrator to submit to Congress a Federal property management plan.Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator to enter into agreements for the creation of one or more public-private partnerships to: (1) lease Federal real property; and (2) develop, rehabilitate, or renovate facilities on such property for use by executive agencies. Requires the Administrator to prepare and submit to Congress at least 30 days before entering into such an agreement a business plan regarding each agreement.

To authorize public-private partnerships to rehabilitate Federal real property, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Students Act''. SEC. 2. NATIONAL GUARD SUPPORT FOR STATE AND LOCAL EFFORTS TO KEEP SCHOOLS SAFE FROM VIOLENCE. (a) In General.--Chapter 1 of title 32, United States Code, is amended by inserting after section 112 the following new section: ``Sec. 112a. Support for State and local efforts to keep schools safe from violence ``(a) Funding Assistance.--The Secretary of Defense may provide funds to the Governor of a State who submits to the Secretary a plan for the National Guard to supplement State and local efforts to keep schools safe from violence that satisfies the requirements of subsection (c). Such funds shall be used for the following: ``(1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of supplementing State and local efforts to keep schools safe from violence. However, the use of such funds for the procurement of equipment may not exceed $5,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. ``(b) Use of Personnel Performing Full-Time National Guard Duty.-- (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the plan referred to in subsection (c) with respect to the State concerned, be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of supplementing State and local efforts to keep schools safe from violence. ``(2)(A) A member of the National Guard serving on full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of supplementing State and local efforts to keep schools safe from violence. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. ``(B) To ensure that the use of units and personnel of the National Guard of a State pursuant to a plan referred to in subsection (c) does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the activities supplementing State and local efforts to keep schools safe from violence that units and personnel of the National Guard of a State may perform: ``(i) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. ``(ii) National Guard personnel will not degrade their military skills as a result of performing the activities. ``(iii) The performance of the activities will not result in a significant increase in the cost of training. ``(iv) In the case of activities supplementing State and local efforts to keep schools safe from violence that are performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. ``(3) A unit or member of the National Guard of a State may be used, pursuant to a plan referred to in subsection (c) that is approved by the Secretary of Defense under this section, to provide services or other assistance (other than air transportation) to an organization eligible to receive services under section 508 of this title if-- ``(A) the plan specifically recognizes the organization as being eligible to receive the services or assistance; ``(B) in the case of services, the performance of the services meets the requirements of paragraphs (1) and (2) of subsection (a) of section 508 of this title; and ``(C) the services or assistance is authorized under subsection (b) or (c) of such section or in the plan. ``(c) Plan Requirements.--A plan to supplement State and local efforts to keep schools safe from violence under this subsection shall-- ``(1) specify how personnel of the National Guard of that State are to be used in supplementing State and local efforts to keep schools safe from violence; ``(2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; ``(3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; ``(4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; ``(5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and ``(6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. ``(d) Examination of Plan.--(1) Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall examine the adequacy of the plan submitted by the Governor under subsection (c). ``(2) Except as provided in paragraph (3), the Secretary of Defense shall carry out paragraph (1) in consultation with the Secretary of Education. ``(3) Paragraph (2) shall not apply if-- ``(A) the Governor of a State submits a plan under subsection (c) that is substantially the same as a plan submitted for that State for a previous fiscal year; and ``(B) pursuant to the plan submitted for a previous fiscal year, funds were provided to the State in accordance with subsection (a) or personnel of the National Guard of the State were ordered to perform full-time National Guard duty in accordance with subsection (b). ``(e) End Strength Limitation.--(1) Except as provided in paragraph (2), at the end of a fiscal year there may not be more than 4,000 members of the National Guard-- ``(A) on full-time National Guard duty under section 502(f) of this title to perform activities supplementing State and local efforts to keep schools safe from violence pursuant to an order to duty; or ``(B) on duty under State authority to activities supplementing State and local efforts to keep schools safe from violence pursuant to an order to duty with State pay and allowances being reimbursed with funds provided under subsection (a)(1). ``(2) The Secretary of Defense may increase the end strength authorized under paragraph (1) by not more than 20 percent for any fiscal year if the Secretary determines that such an increase is necessary in the national security interests of the United States. ``(f) Annual Report.--The Secretary of Defense shall submit to Congress on an annual basis a report regarding the assistance provided and activities carried out under this section during the preceding fiscal year. Each report shall include the following: ``(1) The number of members of the National Guard excluded under subsection (e)(1) from the computation of end strengths. ``(2) A description of the activities to supplement State and local efforts to keep schools safe from violence that were conducted under plans referred to in subsection (c) with funds provided under this section. ``(3) An accounting of the amount of funds provided to each State. ``(4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the plans to supplement State and local efforts to keep schools safe from violence. ``(g) Statutory Construction.--Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. ``(h) Definitions.--In this section: ``(1) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia. ``(2) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 112 the following new item: ``112a. Support for State and local efforts to keep schools safe from violence.''.

Save Our Students Act - Authorizes the Secretary of Defense (DOD) to provide funds to states submitting specified plans for the National Guard to supplement state and local efforts to keep schools safe from violence.

A bill to amend title 32, United States Code, to authorize National Guard support for State and local efforts to keep schools safe from violence, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Launch Services Corporation Act of 1994''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Corporation'' means the Launch Services Corporation created under section 4 of this Act; and (2) the terms ``launch'', ``launch property'', ``launch services'', ``launch site'', and ``launch vehicle'' have the meaning given such terms under section 4 of the Commercial Space Launch Act (49 U.S.C. App. 2603), except that the provisions of this Act shall not apply to activities relating to suborbital trajectories. SEC. 3. FEDERAL RESPONSIBILITIES. (a) President.--The President shall-- (1) coordinate the activities of Federal agencies with space launch responsibilities, so as to ensure that there is full and effective compliance at all times with this Act; (2) ensure that timely treaties, trade agreements, and other appropriate arrangements are made, and appropriate regulations are issued, to enable foreign customers to obtain launch services from the Corporation and to otherwise participate in the launch services system established pursuant to this Act; and (3) after consultation with appropriate Federal agencies, issue a statement of the technical requirements of the Federal Government for the system referred to in paragraph (2). (b) Research and Development.--The National Aeronautics and Space Administration and the Department of Defense shall cooperate with the Corporation on research and development related to the purposes of the Corporation. (c) Federal Agencies in General.--The Federal Government shall-- (1) procure, to the maximum extent feasible, needed launch services from the Corporation; (2) pay fair market value for services provided to the Federal Government by the Corporation; (3) extend to the Corporation first priority for access to launch property and launch sites in a mutually agreeable manner; (4) furnish range safety for launches from Government-owned facilities; and (5) to the extent feasible, furnish other services to the Corporation as may be required in connection with the establishment and operation of the Corporation. SEC. 4. LAUNCH SERVICES CORPORATION. (a) Creation.--There is authorized to be created a Launch Services Corporation, a for-profit corporation which shall not be an agency or establishment of the United States Government and which shall be incorporated under the laws of a State of the United States. (b) Purposes.--(1) The purposes of the Corporation shall be-- (A) to broaden and speed the economic use of space; (B) to enhance the economic competitiveness of the United States launch services industry and all industrial, commercial, and financial businesses related thereto; (C) to enhance national security; (D) to serve the launch needs of-- (i) the Federal Government; (ii) private sector customers in the United States; and (iii) appropriate foreign customers; and (E) to remain a viable and competitive corporation. (2) It shall not be a purpose of the Corporation to construct launch vehicles. (c) Process of Organization.--The President shall, as expeditiously as possible, appoint incorporators, by and with the advice and consent of the Senate, who shall serve as the initial board of directors of the Corporation until the first annual meeting of stockholders or until their successors are elected and appointed under subsection (d) and qualified. Such incorporators shall arrange for an initial stock offering and shall take whatever other actions are necessary to establish the Corporation, including the filing of articles of incorporation, subject to the approval of the President. (d) Directors and Officers.-- (1) Directors.--The Corporation shall have a board of directors consisting of 15 individuals who are citizens of the United States, of whom one shall be elected annually by the board to serve as chairman. Three members of the board shall be appointed by the President, by and with the advice and consent of the Senate, for terms of three years or until their successors have been appointed and qualified, except that one of the members first appointed under this sentence shall be appointed to a term of one year, and one of such members shall be appointed to a term of two years. Any member appointed to fill a vacancy shall be appointed only for the unexpired term of the director being replaced. The remaining 12 members of the board shall be elected annually by the stockholders. (2) Officers.--The Corporation shall have such officers as may be named and appointed by the board, at rates of compensation fixed by the board, and serving at the pleasure of the board. No individual other than a citizen of the United States may be an officer of the Corporation. No officer of the Corporation shall receive any salary from any source other than the Corporation while employed by the Corporation. (e) Financing.-- (1) Stock.--The Corporation may issue and have outstanding, in such amounts as it shall determine, shares of capital stock, without par value, which shall carry voting rights and be eligible for dividends. The stock shall be sold in a manner to encourage the widest distribution to the public. No company, including any company controlling, controlled by, or under common control with such company, may hold more than 15 percent of the capital stock of the Corporation. (2) Additional instruments.--The Corporation may issue, in addition to the stock authorized by paragraph (1), nonvoting securities, bonds, debentures, and other certificates of indebtedness. (f) Powers.--In order to achieve its purposes, the Corporation may-- (1) plan, initiate, own, manage, and operate itself, or in conjunction with other business entities, a commercial launch services system; (2) furnish, for hire, launch services to public and private entities of the United States and, except as otherwise prohibited by law, to foreign customers; (3) own and operate launch property, launch sites, and one or more types of launch vehicle, provide or contract for range safety operations at those launch sites, and provide or contract for any other such services as may be required to carry out its purposes; and (4) conduct appropriate research and development. (g) Recoupment.--Not later than 180 days after the date of enactment of this Act, the President shall establish procedures for the repayment by the Corporation to the Federal Government of an amount equal to the amount of Federal funding that has been provided to the Corporation. SEC. 5. FOREIGN BUSINESS NEGOTIATIONS. Whenever the Corporation shall enter into business negotiations with respect to launch property, operations, or services authorized by this Act with any international or foreign entity, it shall notify the Department of State of the negotiations, and the Department of State shall advise the Corporation of relevant foreign policy considerations. Throughout such negotiations the Corporation shall keep the Department of State informed with respect to such considerations. The Corporation may request the Department of State to assist in the negotiations, and that Department shall render such assistance as may be appropriate. SEC. 6. REPORTS TO THE CONGRESS. (a) President's Report.--The President shall transmit to the Congress in January of each year a report which shall include a comprehensive description of the activities and accomplishments of the Federal Government and the Corporation during the preceding calendar year under this Act, together with an evaluation of such activities and accomplishments in terms of the purposes of the Corporation and any recommendations for additional legislative or other action which the President may consider necessary for such purposes. (b) Corporation's Report.--The Corporation shall transmit to the President and Congress, annually and at such other times as it considers appropriate, a comprehensive and detailed report of its operations, activities, and accomplishments under this Act. SEC. 7. SUNSET. No Federal funding shall be provided to the Corporation after December 31, 2000, except as payment for services provided to the Federal Government by the Corporation.

Launch Services Corporation Act of 1994 - Authorizes the creation of a non-Federal, for profit Launch Services Corporation to provide space launch services to the Federal Government and other domestic and foreign customers. Ends Federal funding (except for payment of services) for the Corporation after the year 2000.

Launch Services Corporation Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Expiring Authorities Act of 2013''. SEC. 2. EXTENSIONS OF EXPIRING AUTHORITIES AFFECTING VETERANS AND THEIR FAMILIES. (a) Extension of Authority To Provide Monthly Assistance Allowance to Veterans With Disability Invited by United States Olympic Committee.-- (1) In general.--Section 322(d)(4) of title 38, United States Code, is amended by inserting ``and $500,000 for the period beginning October 1, 2013, and ending December 31, 2013'' after ``2013''. (2) Technical correction.--Section 322 of such title is amended by striking ``United States Paralympics, Inc.,'' each place it appears and inserting ``United States Olympic Committee''. (b) Extension of Authority To Provide Assistance for United States Olympic Committee.-- (1) In general.--Section 521A of such title is amended-- (A) in subsection (g), by inserting ``and $2,000,000 for the period beginning October 1, 2013, and ending December 31, 2013'' after ``2013''; and (B) in subsection (l), by striking ``The Secretary may only provide assistance under this section during fiscal years 2010 through 2013.'' and inserting ``The Secretary may not provide assistance under this section after December 31, 2013.''. (2) Technical correction.--Such section is further amended-- (A) except in subsection (d)(4), by striking ``United States Paralympics, Inc.,'' each place it appears and inserting ``United States Olympic Committee''; (B) in subsection (d)(4), by striking ``United States Paralympics, Inc.'' and inserting ``United States Olympic Committee''; and (C) by adding at the end the following new subsection: ``(m) Applicability to Commonwealths and Territories of United States.--The provisions of this section and section 322 of this title shall apply with respect to the following in the same manner and to the same degree as the United States Olympic Committee: ``(1) The American Samoa National Olympic Committee. ``(2) Guam National Olympic Committee. ``(3) Comite Olimpico de Puerto Rico. ``(4) Such entities as the Secretary considers appropriate to represent the interests of the Northern Mariana Islands and the United States Virgin Islands under this section and section 322 of this title.''. (3) Clerical amendment.--The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 521A and inserting the following new item: ``521A. Assistance for United States Olympic Committee.''. (c) Extension of Authority for Collection of Copayments for Hospital Care and Nursing Home Care.--Section 1710(f)(2)(B) of such title is amended by striking ``September 30, 2013'' and inserting ``September 30, 2014''. (d) Extension of Authority for Recovery From Third Parties of Cost of Care and Services Furnished to Veterans With Health-plan Contracts for Non-service-connected Disability.--Section 1729(a)(2)(E) of such title is amended by striking ``October 1, 2013'' and inserting ``October 1, 2014''. (e) Extensions of Authorities Affecting Homeless Veterans.-- (1) Homeless veterans reintegration programs.--Section 2021(e)(1)(F) of such title is amended by striking ``2013'' and inserting ``2014''. (2) Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions.-- Section 2023(d) of such title is amended-- (A) by inserting ``to enter into a contract'' before ``to provide''; and (B) by striking ``September 30, 2013'' and inserting ``September 30, 2014''. (f) Extension of Previously Fully-funded Authorities Affecting Homeless Veterans.-- (1) Comprehensive service programs.--Section 2013 of such title is amended by striking paragraph (6) and inserting the following new paragraphs: ``(6) $250,000,000 for fiscal year 2014. ``(7) $150,000,000 for fiscal year 2015 and each subsequent fiscal year.''. (2) Financial assistance for supportive services for very low- income veteran families in permanent housing.--Section 2044(e)(1)(E) of such title is amended by striking ``for fiscal year 2013'' and inserting ``for each of fiscal years 2013 and 2014''. (3) Grant program for homeless veterans with special needs.-- Section 2061(d)(1) of such title is amended by striking ``through 2013'' and inserting ``through 2014''. (g) Extension of Temporary Expansion of Eligibility for Specially Adapted Housing Assistance for Certain Veterans With Disabilities Causing Difficulty With Ambulating.--Section 2101(a)(4) of such title is amended-- (1) by striking ``The Secretary's'' and inserting ``(A) Except as provided in subparagraph (B), the Secretary's''; (2) in subparagraph (A), as designated by paragraph (1), by striking ``September 30, 2013'' and inserting ``September 30, 2014''; and (3) by adding at the end the following new subparagraph: ``(B) In fiscal year 2014, the Secretary may not approve more than 30 applications for assistance under paragraph (1) for disabled veterans described in paragraph (2)(A)(ii).''. (h) Extension of Authority To Calculate Net Value of Real Property Securing Defaulted Loan for Purposes of Liquidation.--Section 3732(c)(11) of such title is amended by striking ``October 1, 2013'' and inserting ``October 1, 2014''. (i) Extension of Pilot Program on Assistance for Child Care for Certain Veterans Receiving Health Care.--Section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1710 note) is amended-- (1) in subsection (e), by striking ``2-year'' and inserting ``3-year''; and (2) in subsection (h), by striking ``and 2011'' and inserting ``and 2014''. SEC. 3. REAUTHORIZATION OF USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS. (a) Secretary of Health and Human Services.--Section 453(j)(11) of the Social Security Act (42 U.S.C. 653(j)(11)) is amended by striking subparagraph (G) and inserting the following new subparagraph (G): ``(G) Expiration of authority.--The authority under this paragraph shall be in effect as follows: ``(i) During the period beginning on December 26, 2007, and ending on November 18, 2011. ``(ii) During the period beginning on the date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2013 and ending 180 days after that date.''. (b) Secretary of Veterans Affairs.--Section 5317A of title 38, United States Code, is amended by striking subsection (d) and inserting the following new subsection (d): ``(d) Expiration of Authority.--The authority under this section shall be in effect as follows: ``(1) During the period beginning on December 26, 2007, and ending on November 18, 2011. ``(2) During the period beginning on the date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2013 and ending 180 days after that date.''. SEC. 4. EFFECTIVE DATE AND RATIFICATION. (a) Effective Date.--This Act shall take effect on October 1, 2013, except that Section 2 (a) shall take effect on September 30, 2013. (b) Ratification.--If this Act is not enacted on or before September 30, 2013, any actions undertaken by the Department of Veterans Affairs under the authorities extended by this Act during the period beginning on such date and ending on the date of the enactment of this Act shall be deemed ratified. SEC. 5. SCORING OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010 shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on September 23, 2013. Department of Veterans Affairs Expiring Authorities Act of 2013 - (Sec. 2) Authorizes specified appropriations for the period October 1-December 31, 2013, to pay a monthly assistance allowance to a veteran with a disability invited by the United States Olympic Committee (USOC) to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the USOC, or who is residing at a USOC, training center. Extends for the same period the authorization for grants to USOC for an integrated adaptive sports program for disabled veterans and disabled members of the Armed Forces. Applies the same grant authorization, in the same manner and to the same degree as to the USOC, to: (1) the American Samoa National Olympic Committee, (2) the Guam National Olympic Committee, (3) the Comite Olimpico de Puerto Rico, and (4) appropriate entities representing the interests of the Northern Mariana Islands and the United States Virgin Islands. Extends through FY2014 a veteran's liability for copayments of $10 for every day the veteran receives hospital care and of $5 for every day he or she receives nursing home care. Extends through FY2014 the right of the United States to recover or collect from a third party reasonable charges for care or services for a non-service-connected disability of a veteran with a service-connected disability who is entitled to care (or payment of the expenses of care) under a health-plan contract. Extends through FY2014 the authority of the Secretary of Labor for homeless veterans reintegration programs, and of the same Secretary and the Secretary of Veterans Affairs (VA) to contract for referral and counseling services for veterans at risk of homelessness who are transitioning from certain institutions. Extends through FY2015 the authorization of appropriations for comprehensive service programs for homeless veterans. Extends through FY2014 the availability of funds for: (1) financial assistance for supportive services for very low-income veteran families in permanent housing, and (2) the grant program for homeless veterans with special needs. Extends through FY2014 specially adapted housing assistance for a disabled veteran whose permanent and total service-connected disability causes difficulty with ambulating. Limits to 30 applications during FY2014 approval of such assistance for any such disabled veterans who served in the Armed Forces on or after September 11, 2001. Extends through FY2014 the authority to calculate, for liquidation purposes, the net value of real property securing a defaulted guaranteed housing or small business loan to a veteran. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 to extend through FY2014 the pilot program to assess the feasibility and advisability of providing assistance to veterans receiving regular or intensive mental health services and other intensive health care services in order to obtain child care while receiving such services. (Sec. 3) Amends part D (Child Support and Establishment of Paternity) of title IV (Temporary Assistance to Needy families) (TANF) of the Social Security Act to revive for a specified 180-day period the authority of the Secretary of Veterans Affairs to furnish the Secretary of Health and Human Services (HHS) with VA information for comparison with information in the National Directory of New Hires about individuals applying for or receiving needs-based veterans pension benefits, parents' dependency and indemnity compensation, veterans health care services, or compensation based on 100% unemployability. Authorizes for the same 180-day period the authority of the VA Secretary to terminate, deny, suspend, or reduce any of such veterans benefits or services, with respect to an applicant or recipient under age 65, by reason of information obtained from the HHS Secretary, but only if the VA Secretary takes appropriate steps to verify independently information relating to the individual's employment and employment income. (Sec. 4) Makes this Act effective on October 1, 2013, except for the authorization of appropriations for monthly assistance for disabled veterans invited to compete for a slot on, or selected for, the Paralympic Team, which shall be effective September 30, 2013. Deems ratified any VA actions undertaken before enactment of this Act under the authorities extended by this Act, if this Act is not enacted on or before September 30, 2013.

Department of Veterans Affairs Expiring Authorities Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy-Efficient Cool Roof Jobs Act''. SEC. 2. DEPRECIATION RECOVERY PERIOD FOR CERTAIN ROOF SYSTEMS. (a) 20-Year Recovery Period.-- (1) In general.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any qualified energy-efficient cool roof replacement property.''. (2) Qualified energy-efficient cool roof replacement property.--Section 168(e) of such Code is amended by adding at the end the following new paragraph: ``(9) Qualified energy-efficient cool roof replacement property.-- ``(A) In general.--The term `qualified energy- efficient cool roof replacement property' means any roof system-- ``(i) which is placed in service-- ``(I) above conditioned or semi- heated space on an eligible commercial building, and ``(II) during the period beginning on the date of the enactment of this paragraph and ending on December 31, 2013, ``(ii) which has a slope equal to or less than 2:12, ``(iii) which replaces an existing roof system, and ``(iv) which includes-- ``(I) insulation which meets or exceeds the minimum prescriptive requirements in tables A-1 to A-9 in the Normative Appendix A of ASHRAE Standard 189.1-2009, and ``(II) in the case of an eligible commercial building located in a climate zone other than climate zone 6, 7, or 8 (as specified in ASHRAE Standard 90.1-2010), a primary roof covering which has a cool roof surface. ``(B) Cool roof surface.--The term `cool roof surface' means a roof the exterior surface of which -- ``(i) has a 3-year-aged solar reflectance of at least 0.55 and a 3-year-aged thermal emittance of at least 0.75, as determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program, or ``(ii) has a 3-year-aged solar reflectance index (SRI) of at least 64, as determined in accordance with ASTM Standard E1980, determined-- ``(I) using a medium-wind-speed convection coefficient of 12 W/m2.K, and ``(II) using the values for 3-year- aged solar reflectance and 3-year-aged thermal emittance determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program. ``(C) Roof system.--The term `roof system' means a system of roof components, including roof insulation and a membrane or primary roof covering, but not including the roof deck, designed to weather-proof and improve the thermal resistance of a building. ``(D) Eligible commercial building.--The term `eligible commercial building' means any building-- ``(i) which is within the scope of ASHRAE Standard 90.1-2010, ``(ii) which is located in the United States, ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(iv) which was placed in service prior to December 31, 2009. ``(E) ASHRAE.--The term `ASHRAE' means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.''. (b) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code is amended by adding at the end the following new subparagraph: ``(J) Any qualified energy-efficient cool roof replacement property.''. (c) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by striking the last item and inserting the following new items: ``(F)(i)........................................... 25 (F)(ii)........................................... 27.5''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Energy-Efficient Cool Roof Jobs Act - Amends the Internal Revenue Code to classify any qualified energy-efficient cool roof replacement property as 20-year property for depreciation purposes.  Defines "qualified energy-efficient cool roof replacement property" as any roof system that: (1) is placed in service above conditioned or semi-heated space on an eligible commercial building during the period between the enactment of this Act and December 31, 2013, (2) has a slope equal to or less than 2:12, (3) replaces an existing roof system, and (4) includes insulation meeting specified standards and a primary roof covering that has a cool roof surface.

A bill to amend the Internal Revenue Code of 1986 to modify the depreciation recovery period for energy-efficient cool roof systems.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Power Plant Safety Act of 2011''. SEC. 2. NUCLEAR POWER PLANT SAFETY. (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: ``Sec. 170J. Revision of Nuclear Power Plant Safety Regulations.-- ``a. Not later than 90 days after the date of enactment of the Nuclear Power Plant Safety Act of 2011, the Commission shall initiate a rulemaking proceeding, including notice and opportunity for public comment, to be completed not later than 18 months after such date of enactment, to revise its regulations to ensure that each utilization facility licensed under this Act can withstand and adequately respond to-- ``(1) an earthquake, tsunami (for a facility located in a coastal area), strong storm, or other event that threatens a major impact to the facility; ``(2) a loss of the primary operating power source for at least 14 days; and ``(3) a loss of the primary backup operating power source for at least 72 hours. ``b. The revision of regulations under this section shall provide for-- ``(1) a requirement that each licensed utilization facility, including any onsite spent nuclear fuel facilities, be equipped with resilient containment, safety, and diagnostic systems sufficient to withstand the circumstances described in subsection a., including requirements to ensure that the reactor core remains cooled, that the containment remains intact, and that the spent fuel cooling and spent fuel pool integrity are maintained; ``(2) a requirement that licensees have at least 14 days worth of emergency power system fuel onsite with which to power the licensed facility in the event of a loss of the primary operating power source; ``(3) a requirement that licensees have sufficient secondary emergency power to power the licensed facility in the event of a loss of both the primary operating power source and the emergency power system described in paragraph (2) for at least 72 hours; ``(4) a requirement that licensees develop, and obtain approval from the Commission for, a plan to obtain sufficient additional fuel or batteries in the event of a long duration loss of operating power or total station blackout; ``(5) a requirement that licensees amend, and obtain approval from the Commission for, any guidance and strategies developed by the licensees that are intended to maintain or restore core cooling, containment, and spent fuel pool cooling capabilities under the circumstances associated with loss of large areas of the plant due to explosions or fire, in order to incorporate lessons learned from the Fukushima nuclear power plant meltdown into such guidance and strategies; ``(6) a requirement that spent nuclear fuel rods be moved from storage pools to certified dry cask storage within one year of the nuclear fuel rods being qualified to be placed in the certified dry casks; ``(7) a requirement to configure spent nuclear fuel rods in spent nuclear fuel pools in a manner that would minimize the chance of a fire in the event of the loss of the water in the spent nuclear fuel pool; ``(8) a requirement that emergency response exercises include scenarios that are based on the near-simultaneous occurrence of circumstances described in subsection a. such as the near-simultaneous earthquake, tsunami, and total station blackout that occurred at the Fukushima nuclear power plant in 2011; and ``(9) appropriate requirements for periodic verification of compliance with the regulations issued under this section. ``c. The Commission shall not issue an approval for any construction permit, operating license, license extension, design certification, combined license, design approval, or manufacturing license until the revisions of regulations under this section take effect.''. (b) Conforming Amendment.--The table of contents of the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 170I the following new item: ``Sec. 170J. Revision of nuclear power plant safety regulations.''. SEC. 3. LOAN GUARANTEES. Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by inserting after paragraph (2) the following: ``In the case of a guarantee for advanced nuclear energy facilities, the Secretary shall ensure that the cost of the obligation is calculated using a consideration of the Tohoku earthquake of 2011 to estimate the risk characteristics of the project.''.

Nuclear Power Plant Safety Act of 2011 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to initiate a rulemaking proceeding to revise nuclear power plant safety regulations to ensure that each licensed utilization facility can withstand and adequately respond to: (1) an earthquake, tsunami (for a facility located in a coastal area), strong storm, or other event that threatens a major impact to the facility; (2) a loss of the primary operating power source for at least 14 days; and (3) a loss of the primary backup operating power source for at least 72 hours. Amends the Energy Policy Act of 2005, in connection with loan guarantees, to require the Secretary of Energy (DOE) to ensure, in the case of a guarantee for advanced nuclear energy facilities, that the cost of the obligation is calculated using a consideration of the Tohoku earthquake of 2011 to estimate the risk characteristics of the project.

To ensure that nuclear power plants can withstand and adequately respond to earthquakes, tsunamis, strong storms, or other events that threaten a major impact.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Reservists Small Business Relief Act of 1999''. SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVISTS. Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following: ``(n) Repayment Deferred for Active Duty Reservists.-- ``(1) Definitions.--In this subsection: ``(A) Eligible reservist.--The term `eligible reservist' means a member of a reserve component of the Armed Forces ordered to active duty during a period of military conflict. ``(B) Essential employee.--The term `essential employee' means an individual who is employed by a small business concern and whose managerial or technical expertise is critical to the successful day- to-day operations of that small business concern. ``(C) Period of military conflict.--The term `period of military conflict' means-- ``(i) a period of war declared by Congress; ``(ii) a period of national emergency declared by Congress or by the President; or ``(iii) a period of a contingency operation, as defined in section 101(a) of title 10, United States Code. ``(D) Qualified borrower.--The term `qualified borrower' means-- ``(i) an individual who is an eligible reservist and who received a direct loan under subsection (a) or (b) before being ordered to active duty; or ``(ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible reservist, who is an essential employee, was ordered to active duty. ``(2) Deferral of direct loans.-- ``(A) In general.--The Administration shall, upon written request, defer repayment of principal and interest due on a direct loan made under subsection (a) or (b), if such loan was incurred by a qualified borrower. ``(B) Period of deferral.--The period of deferral for repayment under this paragraph shall begin on the date on which the eligible reservist is ordered to active duty and shall terminate on the date that is 180 days after the date such eligible reservist is discharged or released from active duty. ``(C) Interest rate reduction during deferral.-- Notwithstanding any other provision of law, during the period of deferral described in subparagraph (B), the Administration may, in its discretion, reduce the interest rate on any loan qualifying for a deferral under this paragraph. ``(3) Deferral of loan guarantees and other financings.-- The Administration shall-- ``(A) encourage intermediaries participating in the program under subsection (m) to defer repayment of a loan made with proceeds made available under that subsection, if such loan was incurred by a small business concern that is eligible to apply for assistance under subsection (b)(3); and ``(B) not later than 30 days after the date of enactment of this subsection, establish guidelines to-- ``(i) encourage lenders and other intermediaries to defer repayment of, or provide other relief relating to, loan guarantees under subsection (a) and financings under section 504 of the Small Business Investment Act of 1958 that were incurred by small business concerns that are eligible to apply for assistance under subsection (b)(3), and loan guarantees provided under subsection (m) if the intermediary provides relief to a small business concern under this paragraph; and ``(ii) implement a program to provide for the deferral of repayment or other relief to any intermediary providing relief to a small business borrower under this paragraph.''. SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVISTS' SMALL BUSINESSES. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after the undesignated paragraph that begins with ``Provided, That no loan'', the following: ``(3)(A) In this paragraph-- ``(i) the term `essential employee' means an individual who is employed by a small business concern and whose managerial or technical expertise is critical to the successful day-to-day operations of that small business concern; ``(ii) the term `period of military conflict' has the meaning given the term in subsection (n)(1); and ``(iii) the term `substantial economic injury' means an economic harm to a business concern that results in the inability of the business concern-- ``(I) to meet its obligations as they mature; ``(II) to pay its ordinary and necessary operating expenses; or ``(III) to market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern. ``(B) The Administration may make such disaster loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern that has suffered or that is likely to suffer substantial economic injury as the result of an essential employee of such small business concern being ordered to active military duty during a period of military conflict. ``(C) A small business concern described in subparagraph (B) shall be eligible to apply for assistance under this paragraph during the period beginning on the date on which the essential employee is ordered to active duty and ending on the date that is 90 days after the date on which such essential employee is discharged or released from active duty. ``(D) Any loan or guarantee extended pursuant to this paragraph shall be made at the same interest rate as economic injury loans under paragraph (2). ``(E) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $1,500,000, unless such applicant constitutes a major source of employment in its surrounding area, as determined by the Administration, in which case the Administration, in its discretion, may waive the $1,500,000 limitation. ``(F) For purposes of assistance under this paragraph, no declaration of a disaster area shall be required.''. SEC. 4. BUSINESS DEVELOPMENT AND MANAGEMENT ASSISTANCE FOR MILITARY RESERVISTS' SMALL BUSINESSES. (a) In General.--Section 8 of the Small Business Act (15 U.S.C. 637) is amended by adding at the end the following: ``(l) Management Assistance for Small Businesses Affected by Military Operations.--The Administration shall utilize, as appropriate, its entrepreneurial development and management assistance programs, including programs involving State or private sector partners, to provide business counseling and training to any small business concern adversely affected by the deployment of units of the Armed Forces of the United States in support of a period of military conflict (as defined in section 7(n)(1)).''. (b) Enhanced Publicity During Operation Allied Force.--For the duration of Operation Allied Force and for 120 days thereafter, the Administration shall enhance its publicity of the availability of assistance provided pursuant to the amendments made by this Act, including information regarding the appropriate local office at which affected small businesses may seek such assistance. SEC. 5. GUIDELINES. Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue such guidelines as the Administrator determines to be necessary to carry out this Act and the amendments made by this Act. SEC. 6. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Disaster Loans.--The amendments made by section 3 shall apply to economic injury suffered or likely to be suffered as the result of a period of military conflict occurring or ending on or after March 24, 1999. Passed the Senate July 27, 1999. Attest: GARY SISCO, Secretary.

Military Reservists Small Business Relief Act of 1999 - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty; and (2) is an essential employee of a small business for which the loan was made. Extends such deferral period until 180 days after such reservist is discharged or released from active duty. Directs the SBA to encourage lenders and loan intermediaries participating in other SBA loan programs to defer repayment of similar loans as well as loans made under the Small Business Investment Act of 1958. Authorizes the SBA to make disaster loans to assist a small business that has or is likely to suffer economic injury as the result of the essential employee of such business being ordered to active duty during a period of military conflict. Extends such assistance until 90 days after such reservist is discharged or released from such duty. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after March 24, 1999. Directs the SBA to utilize its entrepreneurial development and management assistance programs to provide business counseling and training to any small business adversely affected by the deployment of units of U.S. armed forces in support of a period of military conflict. Requires the SBA, for the duration of Operation Allied Force and 120 days thereafter, to enhance its publicity of the availability of such assistance.

Military Reservists Small Business Relief Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Slate for Kids Online Act of 2018''. SEC. 2. ENHANCING THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998. (a) Definitions.--Section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end the following: ``(13) Delete.--The term `delete' means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business.''. (b) Regulation of Unfair and Deceptive Acts and Practices in Connection With the Collection and Use of Personal Information From and About Children on the Internet.--Section 1303 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Failure to delete.--It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to fail to delete personal information collected from or about a child if a request for deletion is made pursuant to regulations prescribed under subsection (e).''; and (2) by adding at the end the following: ``(e) Right of an Individual To Delete Personal Information Collected When the Person Was a Child.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that require the operator of any website or online service directed to children, or any operator that has actual knowledge that it has collected personal information from a child or maintains such personal information-- ``(A) to provide notice on the website of how an individual over the age of 13, or a legal guardian of an individual over the age of 13 acting with the knowledge and consent of the individual, can request that the operator delete all personal information in the possession of the operator that was collected from or about the individual when the individual was a child notwithstanding any parental consent that may have been provided when the individual was a child; ``(B) to promptly delete all personal information in the possession of the operator that was collected from or about an individual when the individual was a child when such deletion is requested by an individual over the age of 13 or by the legal guardian of such individual acting with the knowledge and consent of the individual, notwithstanding any parental consent that may have been provided when the individual was a child; ``(C) to provide written confirmation of deletion, after the deletion has occurred, to an individual or legal guardian of such individual who has requested such deletion pursuant to this subsection; and ``(D) to except from deletion personal information collected from or about a child-- ``(i) only to the extent that the personal information is necessary-- ``(I) to respond to judicial process; or ``(II) to the extent permitted under any other provision of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and ``(ii) if the operator retain such excepted personal information for only as long as reasonably necessary to fulfill the purpose for which the information has been excepted and that the excepted information not be used, disseminated or maintained in a form retrievable to anyone except for the purposes specified in this subparagraph.''. (c) Safe Harbors.--Section 1304 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended-- (1) in subsection (a), by striking ``section 1303(b)'' and inserting ``subsections (b) and (e) of section 1303''; and (2) in subsection (b)(1), by striking ``subsection (b)'' and inserting ``subsections (b) and (e)''. (d) Actions by States.--Section 1305(a)(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6504(a)(1)) is amended by striking ``1303(b)'' and inserting ``subsection (b) or (e) of section 1303''.

Clean Slate for Kids Online Act of 2018 This bill amends the Children's Online Privacy Protection Act of 1998 to require the operator of any website or online service directed to children: to provide notice on the website about how an individual over age 13, or the guardian of an individual over 13, can request the deletion of all personal information in the operator's possession collected when the individual was a child; to promptly delete, upon request, all personal information in the operator's possession that was collected from or about the individual when the individual was a child; and to provide written confirmation of deletion. "Delete" means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business. The bill allows a limited exception to the deletion requirement if the personal information collected from or about a child is necessary to respond to judicial process or to provide information to law enforcement agencies.

Clean Slate for Kids Online Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Disaster Inquiry Commission Act of 2005''. SEC. 2. DEFINITION. For purposes of this Act, the term ``Commission'' means the Commission established under this Act. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--The President shall establish an independent, nonpartisan Commission within the executive branch to discover and assess the circumstances related to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005. (b) Deadline for Establishment.--The President shall issue an executive order establishing a Commission within 30 days after the date of enactment of this Act. SEC. 4. COMPOSITION OF COMMISSION. (a) Number of Commissioners.--The Commission shall consist of 15 members. (b) Selection.--The members of the Commission shall be chosen in the following manner: (1) The President of the United States Conference of Mayors shall be a member of the Commission. (2) The President shall appoint the remaining 14 members, and shall designate the Chairman and Vice Chairman of the Commission from among its members. (3) Five of the 14 members appointed by the President shall be selected by the President in the following manner: (A) The majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the President of the collective- bargaining organization including the largest number of emergency medical responders, shall each provide to the President a list of candidates for membership on the Commission. (B) The President shall select one of the candidates from each of the 5 lists for membership on the Commission. (4)(A) No officer or employee of the Federal Government shall serve as a member of the Commission. (B) No member of the Commission shall have, or have pending, a contractual relationship with the Federal Emergency Management Agency. (C) The President may waive the prohibitions in subparagraphs (A) and (B) with respect to the selection of not more than 2 members of the Commission. (5) The President shall not appoint any individual as a member of the Commission who has a current or former relationship with the Federal Emergency Management Agency that the President determines would constitute a conflict of interest. (6) To the extent practicable, the President shall ensure that the members of the Commission include some individuals with experience relative to local government administration, as well as some individuals with investigative experience and some individuals with legal experience. (7) To the extent practicable, the President shall seek diversity in the membership of the Commission. (c) Deadline for Appointment.--All members of the Commission shall be appointed no later than 60 days after issuance of the executive order establishing the Commission. (d) Initial Meeting.--The Commission shall meet and begin operations as soon as practicable. (e) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. Eight members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. TASKS OF THE COMMISSION. The Commission shall, to the extent possible, undertake the following tasks: (1) Chronicle the trajectory of Hurricane Katrina, including the timetable and locations of its path, and the responses made by the Federal, State, and local governments. (2) Issue a statement of an estimate as to the loss of life, physical and structural damage, and displacement of residents as a result of the disaster. (3) Make recommendations for corrective actions. (4) Provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to emergency disaster management. (5) Prepare a report to Congress, the President, and the public. SEC. 6. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the Chairman and the Vice Chairman; or (II) by the affirmative vote of 8 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chairman or any member designated by a majority of the Commission, and may be served by any person designated by the Chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of a failure of a witness to comply with a subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's tasks. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. (a) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under this Act. (b) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The Chairman, in consultation with Vice Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Employees of the Federal Emergency Management Agency shall not be appointed to the staff of the Commission. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission shall be considered employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) does not apply to members of the Commission. (b) Detailees.--Any Federal Government employee, except for an employee of the Federal Emergency Management Agency, may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTING REQUIREMENTS AND TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. (b) Final Report.--The Commission shall submit to the President and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act with respect to the Commission, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 12. FUNDING. Such sums as are necessary to carry out this Act are authorized to be appropriated. Sums authorized by this Act shall remain available until the termination of the Commission.

Hurricane Katrina Disaster Inquiry Commission Act of 2005 - Directs the President to establish an independent nonpartisan Commission within the executive branch to discover and assess the circumstances relating to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005. Directs the Commission to: (1) chronicle the trajectory of Hurricane Katrina, including the timetable and locations of its path, and the responses made by the federal, state, and local governments; (2) estimate the loss of life, physical and structural damage, and displacement of residents; (3) recommend corrective actions; and (4) prepare a report to Congress, the President, and the public.

To provide for the establishment of an independent, Presidentially-appointed Commission to assess the circumstances related to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Houthis and Iran Sanctions Accountability Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) On April 2015, the United Nations Security Council adopted United Nations Security Council Resolution 2216 by 14 affirmative votes to none against, with one abstention (by the Russian Federation), imposing sanctions on individuals undermining the stability of Yemen, and demanded that the Houthis withdraw from all areas seized during the latest conflict, relinquish arms seized from military and security institutions, cease all actions falling exclusively within the authority of the legitimate Government of Yemen, and fully implement previous Security Council resolutions. (2) On May 16, 2012, the Obama administration issued Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen), imposing sanctions on persons that ``have engaged in acts that directly or indirectly threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of November 23, 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, or that obstruct the political process in Yemen''. (3) On November 10, 2014, the Obama administration designated the leadership of the Iranian-supported Houthi insurgent group, and their ally former Yemeni President Ali Abdullah Saleh, for imposition of sanctions under Executive Order 13611. (4) Iran's Revolutionary Guard Corps has transferred increasingly sophisticated weapons systems to the Houthis, who have in turn shot missiles into Saudi Arabia from positions in northern Yemen, including a missile in November 2017 that targeted Riyadh International Airport. In response, Ambassador Nikki Haley called on ``the United Nations and international partners to take necessary action to hold the Iranian regime accountable for these violations''. (5) In addition to weapons, Iran is reportedly providing Afghan and Shi'ite Arab specialists, including Hizballah, to train Houthi units and act as logistical advisers. (6) The Iranian-supported Houthis have attacked coalition or coalition-affiliated maritime targets multiple times, a United States Navy ship twice, and other shipping, forcing the United States to respond with a combination of diplomacy and calibrated military strikes against three radar facilities in Houthi-controlled territory. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to condemn Iranian activities in Yemen in violation of United Nations Security Council Resolution 2216 (2015), and call on all responsible countries to take appropriate and necessary measures against the Government of Iran, including the interdiction of Iranian weapons to the Houthis, and the bilateral and multilateral application of sanctions against Iran for its violations of United Nations Security Council Resolution 2216. SEC. 4. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO YEMEN. (a) In General.--United States sanctions with respect to Yemen provided for in Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen), as in effect on the day before the date of the enactment of this Act, shall remain in effect. (b) Rule of Construction.--Nothing in this section shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). SEC. 5. DETERMINATIONS WITH RESPECT TO CERTAIN IRANIAN PERSONS. (a) Determinations.-- (1) In general.--The President shall, not later than 45 days after the date of the enactment of this Act, determine whether the Iranian persons listed in paragraph (2) are responsible for engaging in activities described in section 1 of Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen). (2) Iranian persons listed.--The Iranian persons listed in this paragraph are the following: (A) Members of the Supreme National Security Council. (B) The Minister of Intelligence and Security. (C) The Commander of the Iran's Revolutionary Guard Corps. (D) The Commander of the Iran's Revolutionary Guard Corps, Qods Force. (E) The Minister of Defense. (F) Minister of Foreign Affairs. (G) Any other Iranian person that the President determines is appropriate. (3) Report.-- (A) In general.--The President shall submit to the appropriate congressional committees a report that contains-- (i) the determinations made under paragraph (1) together with the reasons for those determinations; and (ii) an identification of the Iranian persons that the President determines are responsible for engaging in activities described in section 1(c) of Executive Order 13611. (B) Form.--A report submitted under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.--The President shall impose the sanctions described in section 1 of Executive Order 13611 with respect to each Iranian person identified in the report submitted to the appropriate congressional committees under subsection (a)(3). (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Entity.--The term ``entity''-- (A) means a partnership, association, corporation, or other organization, group, or subgroup; and (B) includes a governmental entity. SEC. 6. SANCTIONS WITH RESPECT TO CERTAIN FOREIGN PERSONS. (a) In General.--Beginning on and after the date that is 120 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (c) on a person described in subsection (b). (b) Persons Described.--A person described in this subsection is a foreign person that the President determines knowingly provides significant financial, material, or technological support for-- (1) Ansar Allah in Yemen; (2) a person designated pursuant to an applicable Executive order; (3) a person that the President determines is in violation of an applicable United Nations Security Council resolution; (4) an Iranian person identified in the report submitted to the appropriate congressional committees under section 5(a)(3); or (5) a foreign person owned or controlled by a foreign person described in paragraphs (1) through (4). (c) Imposition of Sanctions.--The sanctions to be imposed on a person described in subsection (b) are the following: (1) In general.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens ineligible for visas, admission, or parole.-- (A) In general.--An alien who the Secretary of State or the Secretary of Homeland Security determines is a foreign person described in subsection (b) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--Any visa or other documentation issued to an alien who is a foreign person described in subsection (b), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. (ii) Effect of revocation.--A revocation under clause (i)-- (I) shall take effect immediately; and (II) shall automatically cancel any other valid visa or documentation that is in the possession of the alien who is the subject of such revocation. (3) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (2) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (4) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under subsection (f) to carry out paragraph (1) of this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act. (d) Implementation Authority.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this Act. (e) Regulatory Authority.--The President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act. (f) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Applicable executive order.--The term ``applicable Executive order'' means-- (A) Executive Order 13611 (50 U.S.C. 1701 note; relating to Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen); or (B) any Executive order adopted on or after the date of the enactment of this Act, to the extent that such Executive order authorizes the imposition of sanctions on persons for conduct with respect to Yemen. (3) Applicable united nations security council resolution.--The term ``applicable United Nations Security Council resolution'' means-- (A) United Nations Security Council Resolution 2216; or (B) any United Nations Security Council resolution adopted on or after the date of the enactment of this Act that authorizes the imposition of sanctions on persons for conduct with respect to Yemen. (4) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. (5) Entity.--The term ``entity''-- (A) means a partnership, association, corporation, or other organization, group, or subgroup; and (B) includes a governmental entity. (6) Foreign person.--The term ``foreign person'' means-- (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or (B) a corporation, partnership, or other entity which is not a United States person. (7) Person.--The term ``person'' means an individual or entity. (8) United states person.--The term ``United States person'' means a United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or a person in the United States. SEC. 7. REPORT ON IRANIAN ACTIVITIES IN YEMEN. (a) Report.--Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 5 years, the President shall submit to the appropriate congressional committees a report on Iranian activities in Yemen. (b) Matters To Be Included.--The report required by subsection (a) shall include a description of the following: (1) Iran's support for certain Yemeni militias or political parties, including weapons, financing, training, and other forms of material support including media and communications support. (2) A list of referrals to the relevant United Nations Security Council sanctions committees by the United States Permanent Representative to the United Nations. (c) Form.--The President may submit the report required by subsection (a) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Houthis and Iran Sanctions Accountability Act of 2017 This bill continues certain sanctions blocking the property of persons threatening the peace or stability of Yemen. The President shall: determine and report to Congress whether certain Iranian persons are threatening Yemen's peace or stability, and if so, impose property blocking sanctions against each identified person; and impose property blocking and visa sanctions on foreign persons or entities that knowingly provide significant financial, material, or technological support for Ansar Allah in Yemen (also known as the Houthis) and certain other persons and entities.

Houthis and Iran Sanctions Accountability Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Affordable Housing Act of 2009''. SEC. 2. GREEN RETROFIT GRANT AND LOAN PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall carry out a program to make grants and loans under this section to owners of eligible federally assisted housing projects for making eligible green retrofit improvements to such projects. (b) Eligible Federally Assisted Housing Projects.--Grants and loans under this section may be provided only for eligible green retrofit improvements under subsection (c) for-- (1) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); (2) housing that is assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (3) housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625); (4) housing that is assisted under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); (5) housing financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act (12 U.S.C. 1715l(d)(5)); (6) housing insured, assisted, or held by the Secretary or a State or State agency under section 236 of the National Housing Act (12 U.S.C. 1715z-1); (7) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937, as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; (8) housing assisted or formerly assisted under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); (9) multifamily housing projects assisted with amounts made available under the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.); (10) housing for which a loan is made or insured under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); and (11) housing for which a low-income housing tax credit is provided pursuant to section 42 of the Internal Revenue Code of 1986 (26 U.S.C. 42). (c) Eligible Green Retrofit Improvements.-- (1) In general.--For purposes of this section, eligible green retrofit improvements are improvements to an eligible federally assisted housing project that are approved by the Secretary as having one or more of the following attributes, as compared with the comparable component that would normally be used by owners of similar properties in the same market area: (A) Materially lower electric, heating fuel, or water consumption. (B) Materially lower emissions of chemicals thought to be harmful to humans. (C) Materially longer useful life. (D) Materially more biodegradable. (E) Materially more easily recycled. (F) Materially lower use of raw materials or use of materially more recycled content. (G) Materially lower transportation costs of products delivered to the project. For purposes of this paragraph, determinations of materiality shall be made by the Secretary in the sole discretion of the Secretary. (2) Related improvements.--For purposes of this section, eligible green retrofit improvements shall include improvements approved by the Secretary as related or collateral to the undertaking or provision of eligible green retrofit improvements approved pursuant to paragraph (1) for an eligible federally assisted housing project. (3) Verification.--For purposes of verifying improvements as eligible green retrofit improvements under this subsection, the Secretary shall, by regulation, provide for the following: (A) Certification of building energy and environment auditors, inspectors, and raters by the Residential Energy Services Network (RESNET), or an equivalent certification system as determined by the Secretary. (B) Certification or licensing of building energy and environmental retrofit contractors by the Building Performance Institute (BPI), or an equivalent certification or licensing system as determined by the Secretary. (C) Use of equipment and procedures of the Building Performance Institute, Residential Energy Services Network, or other appropriate equipment and procedures (such as infrared photography and pressurized testing, and tests for water use and indoor air quality), as determined by the Secretary, to test the energy and environmental efficiency of buildings effectively. (D) Determination of energy savings by comparison of scores on the Home Energy Rating System (HERS) Index before and after retrofit, with the final score produced by an objective third party. (d) Extension of Affordability Restrictions.-- (1) Grants.-- (A) In general.--The Secretary may provide a grant under this section for an eligible federally assisted housing project only if the owner of the project enters into such binding commitments as the Secretary shall require, which shall be applicable to any subsequent owner, to ensure that the project will be operated, until the expiration of the period specified in subparagraph (B), in accordance with all affordability restrictions that are applicable to the project under the federal assistance program referred to in subsection (b) under which assistance is provided for the project. (B) Period.--The period specified in this paragraph for an eligible federally assisted housing project is the period that-- (i) begins upon the date of the expiration of applicability, to the project, of the affordability restrictions under the federal assistance program referred to in subsection (b) under which assistance is provided for the project; (ii) has such duration, as determined by the Secretary, as commensurate with the amount of the loan or grant assistance provided under this section for the project; and (iii) in no case exceeds 30 years. The Secretary may make such adjustments to such period as may be necessary to take into consideration any more significant restrictions accompanying other subsidies for the project. (2) Loans.--In providing loans under this section for eligible federally assisted housing projects, the Secretary may require the project to comply with affordability restrictions as the Secretary may establish, the terms of which shall be commensurate with the term and amount of the loan. (e) Limitation on Amount.--The amount of a grant or loan under this section for an eligible federally assisted housing project may not exceed-- (1) a percentage, as determined by the Secretary, of the cost of the eligible green retrofit improvements for the project described in the retrofit plan under subsection (f)(2) for the project; and (2) a dollar amount limitation, as the Secretary may establish. (f) Applications.-- (1) In general.--The Secretary shall provide for owners of eligible federally assisted housing project to submit applications to the Secretary for grants and loans under this subsection. The Secretary shall require each such application to include a retrofit plan under paragraph (2). (2) Retrofit plan.-- (A) Requirements.--The Secretary may not make any grant or loan under this section for any eligible green retrofit improvements for an eligible federally assisted housing project unless the owner of the project has submitted to the Secretary, and the Secretary has approved (pursuant to any amendments or changes as the Secretary may require), a detailed written plan regarding such improvements that complies with such requirements as the Secretary shall establish, which shall include the following: (i) The plan shall set forth the current utility costs for the project, including costs for water, heat, and electricity. (ii) The plan shall describe the eligible green retrofit improvements to be made for the project, setting forth-- (I) a schedule for completing each such improvement; (II) the cost of and sources of funding for each such improvement; (III) the amount of anticipated cost savings resulting from each such improvement; and (IV) a schedule for such savings for each such improvement based on the current utility costs for the project set forth pursuant to clause (i), except that such cost-savings schedule may not have a term exceeding 10 years. (B) Cost-efficiency; cost savings.--The Secretary may approve a retrofit plan under this subsection only if the Secretary determines that-- (i) the total present value of the cost savings resulting from the eligible green retrofit improvements specified in the plan and to be recovered over the term of the cost- savings schedule included in the plan will exceed the cost of making such improvements; and (ii) the eligible green retrofit improvements specified in the plan will result in savings in utility or other operating costs for the eligible federally assisted housing project of not less than 20 percent, in comparison to utility and operating costs of such project absent the eligible green retrofit improvements to be undertaken under the plan. (3) Selection priorities.--In selecting applications for loans and grants under this section the Secretary may-- (A) give priority to applications providing for eligible green retrofit improvements that are funded in part with amounts from sources other than grants and loans under this section, and the extent of such priority provided may be based on the ratio of such funding from other sources; and (B) give priority to applications based on the net amount of energy efficiency savings resulting from the eligible green retrofit improvements to be funded by such loans and grants. (g) Loans.--In such circumstances as the Secretary may provide, the Secretary may provide assistance under this section in the form of a loan, which shall have such term to maturity, shall bear interest, and shall have such other terms and conditions as the Secretary may establish. (h) Treatment of Grant Amounts.--Notwithstanding any other provision of law, assistance amounts under this section may be treated as amounts not derived from a Federal grant. (i) Monitoring.-- (1) Submission of information to secretary.--The Secretary shall require each owner of an eligible federally assisted housing project for which a grant or loan under this section is made to submit to the Secretary such information, on a regular basis during the term of the cost savings schedule included in the retrofit plan for project for which such grant or loan is made or during such other term, and in such form and manner, as the Secretary considers appropriate to determine the cost savings resulting from the eligible green retrofit improvements funded with such grant or loan and to provide such other information as the Secretary considers necessary. (2) Other monitoring.--With respect to eligible federally assisted housing projects for which eligible green retrofit improvements have been made with assistance under this section, the Secretary shall-- (A) establish guidelines for obtaining certification of such projects, after retrofit, as Energy Star buildings, for assigning Home Energy Rating System (HERS) rating for such projects, and for completing applicable building performance labels; and (B) establish processes for tracking the numbers and locations of such projects and obtaining information on projected and actual savings of energy and its value over time. (j) Definitions.--For purposes of this section, the following definitions shall apply: (1) Affordability restrictions.--The term ``affordability restrictions'' means, with respect to an eligible federally assisted housing project, limits imposed by statute, regulation, or regulatory agreement on tenant rents, rent contributions, or income eligibility. (2) Cost-savings schedule.--The term ``cost-savings schedule'' means, with respect to a retrofit plan for an eligible federally assisted housing project, the schedule included in such plan pursuant to subsection (f)(2)(A)(ii)(IV). (3) Eligible federally assisted housing project.--The term ``eligible federally assisted housing project'' means a housing project described in subsection (b). (4) Retrofit plan.--The term ``retrofit plan'' means a plan required under subsection (f)(2). (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (k) Authorization of Appropriations.--There is authorized to be appropriated such sums for each of fiscal years 2010 through 2014, which shall be available for-- (1) grants under this section; and (2) costs (as such term in defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) of loans under this section. (l) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.

Green Affordable Housing Act of 2009 - Requires the Secretary of Housing and Urban Development (HUD) to carry out a program of grants and loans to owners of specified eligible federally assisted housing projects for making eligible green retrofit improvements to such projects. Conditions such grants or loans on a HUD approved retrofit plan by the owners of such projects.

To authorize the Secretary of Housing and Urban Development to make grants and loans to owners of federally assisted housing projects for costs of making green retrofit improvements to such projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Public Health Protections in Major Disasters and Emergencies Act''. SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN DISASTER AREA. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Individual.--The term `individual' includes-- ``(A) a worker or volunteer who responded to Hurricane Katrina or Hurricane Rita or responds to a major disaster or emergency, including-- ``(i) a police officer; ``(ii) a firefighter; ``(iii) an emergency medical technician; ``(iv) any participating member of an urban search and rescue team; and ``(v) any other relief or rescue worker or volunteer that the President determines to be appropriate; ``(B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; ``(C) a person whose place of residence is in a disaster area; ``(D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and ``(E) any other person that the President determines to be appropriate. ``(2) Medical institution.--The term `medical institution' includes a hospital facility (as such term is defined in section 391 of the Energy Policy Conservation Act (42 U.S.C. 6371) and an accredited public or nonprofit school of medicine. ``(3) Program.--The term `program' means a program described in subsection (b) that is carried out for a disaster area. ``(4) Substance of concern.--The term `substance of concern' means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. ``(b) Program.-- ``(1) In general.--If the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a major disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that-- ``(A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; ``(B) the individuals are monitored and studied over time, including through baseline and follow-up clinical health examinations, for-- ``(i) any short- and long-term health impacts of any substance of concern; and ``(ii) any mental health impacts; ``(C) the individuals receive health care referrals as needed and appropriate; and ``(D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(2) Activities.--A program under paragraph (1) may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating information and educational materials; ``(C) performing baseline and follow-up clinical health and mental health examinations and taking biological samples; ``(D) establishing and maintaining an exposure registry; ``(E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and ``(F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. ``(3) Timing.--To the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. ``(4) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study that is part of a program under paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(5) Cooperative agreements.-- ``(A) In general.--The President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. ``(B) Selection criteria.--To the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that-- ``(i) is located near-- ``(I) the disaster area with respect to which the program is carried out; and ``(II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and ``(ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in-- ``(I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; ``(II) conducting long-term health monitoring and epidemiological studies; ``(III) conducting long-term mental health studies; and ``(IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. ``(6) Involvement.-- ``(A) In general.--In establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of-- ``(i) Federal, State, and local government agencies; ``(ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; ``(iii) local residents, businesses, and schools (including parents and teachers); ``(iv) health care providers; and ``(v) other organizations and persons. ``(B) Committees.--Involvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. ``(7) Privacy.--The President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 11320d-2 note; Public Law 104-191). ``(c) Reports.--Not later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.''. SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON HURRICANE KATRINA AND RITA DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING. (a) In General.--The Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise.--The report under subsection (a) shall be prepared with the participation of individuals who have expertise in-- (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; (15) public health and family services; (16) environmental justice; and (17) health and health care disparities. (c) Contents.--The report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding-- (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including-- (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to-- (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public;. (F) responsibilities of Federal, State and local agencies for-- (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 4. PREDISASTER HAZARD MITIGATION. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ``December 31, 2008'' and inserting ``September 30, 2010''. SEC. 5. PREVENTIVE HEALTH SERVICES BLOCK GRANTS; USE OF ALLOTMENTS. Section 1904(a)(1) of the Public Health Service Act (42 U.S.C. 300w-3(a)(1)) is amended-- (1) in subparagraph (G)-- (A) by striking ``through (F)'' and inserting ``through (G)''; and (B) by redesignating such subparagraph as subparagraph (H); and (2) by inserting after subparagraph (F), the following: ``(G) Community outreach and education programs and other activities designed to address and prevent health and health care disparities.''.

Strengthening Public Health Protections in Major Disasters and Emergencies Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if one or more chemicals or substances associated with potential acute or chronic human health effects are being or have been released in a major disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of workers or volunteers who responded to Hurricane Katrina or Hurricane Rita or who respond to a major disaster or emergency, residents in a disaster area, or persons who are employed in, or who attend school, child care, or adult day care in, a disaster area. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution or consortium of medical institutions, especially those located near the disaster area and any other area in which there reside groups of individuals that worked or volunteered in response to the disaster. Requires such institution to have appropriate experience in the areas of environmental or occupational health, toxicology, and safety. Directs the Secretary of Homeland Security, the Secretary of Health and Human Services (HHS), and the Administrator of the Environmental Protection Agency (EPA) to enter jointly into a contract with the National Academy of Sciences (NAS) to study and report on disaster area health and environmental protection and monitoring. Amends: (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend to September 30, 2010, the authority for the predisaster hazard mitigation program; and (2) the Public Health Service Act to authorize the use of preventive health services block grants for community outreach and education programs and other activities designed to address and prevent health and health care disparities.

To provide services to certain volunteers and workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Enhancement and Jobs Act of 2011''. SEC. 2. PERIOD FOR RESOLVING APPLICATIONS SUBMITTED TO THE TRANSPORTATION SECURITY ADMINISTRATION FOR THE AIRPORT SECURITY SCREENING OPT-OUT PROGRAM. (a) In General.--Section 44920(b) of title 49, United States Code, is amended to read as follows: ``(b) Approval of Applications.-- ``(1) In general.--Not later than 120 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Secretary shall approve or deny the application. ``(2) Standards.--The Secretary shall approve an application submitted by an airport operator under subsection (a) unless the Secretary determines that the approval would compromise security, detrimentally affect the efficiency or effectiveness of the screening of passengers or property at the airport, or otherwise adversely affect the mission of the Transportation Security Administration. ``(3) Reports on denials of applications.-- ``(A) In general.--If the Secretary denies an application submitted by an airport operator under subsection (a), the Secretary shall provide to the airport operator a written report that sets forth-- ``(i) the findings that served as the basis for the denial; ``(ii) the results of any cost or security analysis conducted in considering the application; and ``(iii) recommendations on how the airport operator can address the reasons for the denial. ``(B) Submission to congress.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). ``(4) Approved applications.-- ``(A) List of qualified private screening companies.--Not later than 60 days after the date the Secretary approves an application submitted by an airport operator under subsection (a), the Secretary shall provide to the airport operator a list of qualified private screening companies (as described in subsection (c)), except that this subparagraph shall not apply in a case in which the airport operator is competing to provide screening services at the airport. ``(B) Consideration of airport operator's recommendations.--In selecting a private screening company to provide screening services at an airport, the Secretary shall take into consideration any recommendation from the airport operator as to which company would best serve the security screening and passenger needs of the airport.''. (b) Delegation of Authority.--Section 44920 of such title is amended by adding at the end the following: ``(h) Delegation of Authority.--The Secretary may carry out this section acting through the Assistant Secretary of Homeland Security (Transportation Security Administration).''. (c) Reconsideration of Applications Pending as of January 1, 2011.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall reconsider any application for the screening of passengers and property that-- (A) was submitted by the operator of an airport pursuant to section 44920(a) of such title; (B) was pending for final decision by the Secretary as of January 1, 2011; and (C) has not been approved by the Secretary on or before such date of enactment. (2) Notice to airport operators.--The Secretary shall provide written notice to the operator of an airport that submitted an application to be reconsidered under paragraph (1). The notice shall-- (A) inform the operator that the Secretary will reconsider the application; (B) if the application was initially denied, advise the operator of the findings that served as the basis for the denial; and (C) request the operator to provide the Secretary with such additional information as the Secretary determines necessary to reconsider the application. (3) Deadline; standards.--The Secretary shall approve or deny an application to be reconsidered under paragraph (1) on or before the last day of the 120-day period beginning on the date of enactment of this Act. The Secretary shall apply the standards set forth in section 44920(b) of such title (as amended by this section) in approving and denying such applications. (4) Deemed approval.--If the Secretary does not approve or deny an application to be reconsidered under paragraph (1) on or before the last day of the 120-day period referred to in paragraph (3), the application shall be deemed approved. (5) Reports on denials of applications.-- (A) In general.--If the Secretary denies an application of an airport operator following reconsideration under this subsection, the Secretary shall provide to the airport operator a written report that sets forth-- (i) the findings that served as the basis for the denial; (ii) the results of any cost or security analysis conducted in considering the application; and (iii) recommendations on how the airport operator can address the reasons for the denial. (B) Submission to congress.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). (d) References to Under Secretary.--Section 44920 of such title is amended-- (1) in subsection (a) by striking ``Under Secretary'' the first place it appears and inserting ``Secretary of Homeland Security''; (2) by striking ``Under Secretary'' each place it appears and inserting ``Secretary''; and (3) in subsection (g) by striking ``of Homeland Security'' each place it appears.

Security Enhancement and Jobs Act of 2011 - Transfers from the Under Secretary of Transportation for Security (DOT) to the Secretary of Homeland Security (DHS) the authority to approve, within 120 days after receipt, any application of an airport operator to have the screening of passengers and property at an airport be carried out by the screening personnel of a qualified private screening company (security screening opt-out program). Requires the Secretary to approve such an application unless approval would compromise security, detrimentally affect the efficiency or effectiveness of screening, or otherwise adversely affect the mission of the Transportation Security Administration (TSA). Authorizes the Secretary to carry out this Act acting through the Assistant Secretary of Homeland Security (TSA).

To amend title 49, United States Code, concerning approval of applications for the airport security screening opt-out program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens Against Marketing Scams Act of 1993''. SEC. 2. FINDINGS AND DECLARATION. The Congress makes the following findings and declaration: (1) Unprecedented Federal law enforcement investigations have uncovered a national network of illicit telemarketing operations. (2) Most of the telemarketing industry is legitimate, employing over 3,000,000 people through direct and indirect means. (3) Illicit telemarketers, however, are an increasing problem which victimizes our Nation's senior citizens in disproportionate numbers. (4) Interstate telemarketing fraud has become a problem of such magnitude that the resources of the Department of Justice are not sufficient to ensure that there is adequate investigation of, and protection from, such fraud. (5) Telemarketing differs from other sales activities in that it can be carried out by sellers across State lines without direct contact. Telemarketers can also be very mobile, easily moving from State to State. (6) It is estimated that victims lose billions of dollars a year as a result of telemarketing fraud. (7) Consequently, Congress should enact legislation that will-- (A) enhance Federal law enforcement resources; (B) ensure adequate punishment for telemarketing fraud; and (C) educate the public. SEC. 3. ENHANCED PENALTIES FOR TELEMARKETING FRAUD. (a) Offense.--Part I of title 18, United States Code, is amended-- (1) by redesignating chapter 113A as chapter 113B; and (2) by inserting after chapter 113 the following new chapter: ``CHAPTER 113A--TELEMARKETING FRAUD ``Sec. ``2325. Definition. ``2326. Enhanced penalties. ``2327. Restitution. ``Sec. 2325. Definition ``In this chapter, `telemarketing'-- ``(1) means a plan, program, promotion, or campaign that is conducted to induce-- ``(A) purchases of goods or services; or ``(B) participation in a contest or sweepstakes, by use of 1 or more interstate telephone calls initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant; but ``(2) does not include the solicitation of sales through the mailing of a catalog that-- ``(A) contains a written description or illustration of the goods or services offered for sale; ``(B) includes the business address of the seller; ``(C) includes multiple pages of written material or illustration; and ``(D) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls take orders without further solicitation. ``Sec. 2326. Enhanced penalties ``An offender that is convicted of an offense under 1028, 1029, 1341, 1342, 1343, or 1344 in connection with the conduct of telemarketing-- ``(1) may be imprisoned for a term of 5 years in addition to any term of imprisonment imposed under any of those sections, respectively; and ``(2) in the case of an offense under any of those sections that-- ``(A) victimized 20 or more persons over the age of 55; or ``(B) targeted persons over the age of 55, may be imprisoned for a term of 10 years in addition to any term of imprisonment imposed under any of those sections, respectively. ``Sec. 2327. Restitution ``In sentencing an offender under section 2326, the court shall order the offender to pay restitution to any victims and may order the offender to pay restitution to others who sustained losses as a result of the offender's fraudulent activity.''. (b) Technical Amendments.-- (1) Part analysis.--The part analysis for part I of title 18, United States Code, is amended by striking the item relating to chapter 113A and inserting the following: ``113A. Telemarketing fraud................................. 2325 ``113B. Terrorism........................................... 2331''. (2) Chapter 113b.--The chapter heading for chapter 113B of title 18, United States Code, as redesignated by subsection (a)(1), is amended to read as follows: ``CHAPTER 113B--TERRORISM''. SEC. 4. FORFEITURE OF FRAUD PROCEEDS. Section 982(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(6) The Court, in sentencing an offender under section 2326, shall order that the offender forfeit to the United States any real or personal property constituting or derived from proceeds that the offender obtained directly or indirectly as a result of the offense.''. SEC. 5. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS. (a) Review.--The United States Sentencing Commission shall review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against older victims over the age of 55 are adequate. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Sentencing Commission shall report to Congress the result of its review under subsection (a). SEC. 6. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION. Section 3059 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) In special circumstances and in the Attorney General's sole discretion, the Attorney General may make a payment of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution under section 2325 which results in a conviction. ``(2) A person is not eligible for a payment under paragraph (1) if-- ``(A) the person is a current or former officer or employee of a Federal, State, or local government agency or instrumentality who furnishes information discovered or gathered in the course of government employment; ``(B) the person knowingly participated in the offense; ``(C) the information furnished by the person consists of an allegation or transaction that has been disclosed to the public-- ``(i) in a criminal, civil, or administrative proceeding; ``(ii) in a congressional, administrative, or General Accounting Office report, hearing, audit, or investigation; or ``(iii) by the news media, unless the person is the original source of the information; or ``(D) when, in the judgment of the Attorney General, it appears that a person whose illegal activities are being prosecuted or investigated could benefit from the award. ``(3) For the purposes of paragraph (2)(C)(iii), the term `original source' means a person who has direct and independent knowledge of the information that is furnished and has voluntarily provided the information to the Government prior to disclosure by the news media. ``(4) Neither the failure of the Attorney General to authorize a payment under paragraph (1) nor the amount authorized shall be subject to judicial review.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 1994 for the purposes of carrying out this Act and the amendments made by this Act-- (1) $10,000,000 for the Federal Bureau of Investigation to hire, equip, and train no fewer than 100 special agents and support staff to investigate telemarketing fraud cases; (2) $3,500,000 to hire, equip, and train no fewer than 30 Department of Justice attorneys, assistant United States Attorneys, and support staff to prosecute telemarketing fraud cases; and (3) $10,000,000 for the Department of Justice to conduct, in cooperation with State and local law enforcement agencies and senior citizen advocacy organizations, public awareness and prevention initiatives for senior citizens, such as seminars and training. SEC. 8. BROADENING APPLICATION OF MAIL FRAUD STATUTE. Section 1341 of title 18, United States Code, is amended-- (1) by inserting ``or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier,'' after ``Postal Service,''; and (2) by inserting ``or such carrier'' after ``causes to be delivered by mail''. SEC. 9. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES. Section 1029 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (3); and (B) by inserting after paragraph (4) the following new paragraphs: ``(5) knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000; ``(6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of-- ``(A) offering an access device; or ``(B) selling information regarding or an application to obtain an access device; or ``(7) without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records of transactions made by an access device;''; (2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)'' and inserting ``(a) (2), (3), (5), (6), or (7)''; and (3) in subsection (e)-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(7) the term `credit card system member' means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system.''. SEC. 10. INFORMATION NETWORK. (a) Hotline.--The Attorney General shall establish a national toll- free hotline for the purpose of-- (1) providing general information on telemarketing fraud to interested persons; and (2) gathering information related to possible violations of this Act. (b) Action on Information Gathered.--The Attorney General shall work in cooperation with the Federal Trade Commission to ensure that information gathered through the hotline shall be acted on in an appropriate manner. Passed the Senate July 30 (legislative day, June 30), 1993. Attest: WALTER J. STEWART, Secretary.

Senior Citizens Against Marketing Scams Act of 1993 - Amends the Federal criminal code to provide for enhanced penalties for telemarketing fraud that targets or victimizes persons over age 55. Directs the court to order offenders to: (1) pay restitution to persons who sustained losses as a result of the fraudulent activity; and (2) forfeit to the United States property constituting or derived from proceeds obtained as a result of the offense. Requires the U.S. Sentencing Commission to review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against persons over age 55 are adequate. Authorizes the Attorney General to make awards for furnishing information leading to the prosecution and conviction of telemarketing fraud offenders. Authorizes appropriations. Makes the mail fraud statute applicable to matter sent or delivered by any private or commercial interstate carrier. Sets forth provisions regarding fraud and related activity in connection with access devices. Directs the Attorney General to establish a national, toll-free telemarketing fraud hotline.

Senior Citizens Against Marketing Scams Act of 1993

SECTION 1. FINDINGS. The Congress finds that: (1) The United States must increase its supply of energy to ensure a continuing prosperous economy and high standard of life. (2) We currently rely heavily on imports of energy supplies from foreign nations and utilize large quantities of carbon fuels for electricity generation. (3) Hydropower is a domestic energy source which currently produces 92,000 megawatts of electricity per year, a figure representing 10 percent of the generation capacity in the United States. (4) The Energy Information Agency estimates that, of the 75,000 dams in the United States, only 2,400 or three percent of these dams currently produce electricity. (5) The Energy Information Agency further estimates that there are approximately 21,300 megawatts of undeveloped capacity at existing dams. (6) New technology allows this energy to be utilized with little or no environmental effect by adding new turbines to existing dams and improving the efficiency of existing turbines. (7) Hydropower produces electricity without producing hazardous waste or air pollutants. (8) The 92,000 megawatts of electricity currently generated by hydropower avoid the annual emission of 4.75 million tons of sulfur dioxide and 2 million tons of nitrous oxide by eliminating the need to burn 345 million tons of coal. (9) Hydropower is a renewable energy source which, because of the natural hydrologic cycle, will continue to be available in perpetuity. SEC. 2. CONSTITUTIONAL AUTHORITY. The Constitutional authority on which this Act rests is the power of Congress to make all laws which shall be necessary and proper as enumerated in article I, section 8 of the United States Constitution. SEC. 3. HYDROELECTRIC PRODUCTION INCENTIVES. (a) Incentive Payments.--For electric energy generated and sold by a qualified hydroelectric facility during the incentive period, the Secretary of Energy (referred to in this section as the ``Secretary'') shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility. The amount of such payment made to any such owner or operator shall be as determined under subsection (e) of this section. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment and which satisfies such other requirements as the Secretary deems necessary. Such application shall be in such form, and shall be submitted at such time, as the Secretary shall establish. (b) Definitions.--For purposes of this section: (1) Qualified hydroelectric facility.--The term ``qualified hydroelectric facility'' means a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit. (2) Existing dam or conduit.--The term ``existing dam or conduit'' means any dam or conduit the construction of which was completed before the date of the enactment of this section and which does not require any construction or enlargement of impoundment or diversion structures (other than repair or reconstruction) in connection with the installation of a turbine or other generating device. (3) Conduit.--The term ``conduit'' has the same meaning as when used in section 30(a)(2) of the Federal Power Act. The terms defined in this subsection shall apply without regard to the hydroelectric kilowatt capacity of the facility concerned, without regard to whether the facility uses a dam owned by a governmental or nongovernmental entity, and without regard to whether the facility begins operation on or after the date of the enactment of this section. (c) Eligibility Window.--Payments may be made under this section only for electric energy generated from a qualified hydroelectric facility which begins operation during the period of 10 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this Act. (d) Incentive Period.--A qualified hydroelectric facility may receive payments under this section for a period of 10 fiscal years (referred to in this section as the ``incentive period''). Such period shall begin with the fiscal year in which electric energy generated from the facility is first eligible for such payments. (e) Amount of Payment.-- (1) In general.--Payments made by the Secretary under this section to the owner or operator of a qualified hydroelectric facility shall be based on the number of kilowatt hours of hydroelectric energy generated by the facility during the incentive period. For any such facility, the amount of such payment shall be 1.5 cents per kilowatt hour (adjusted as provided in paragraph (2)), subject to the availability of appropriations under subsection (g), except that no facility may receive more than $1,000,000 in one calendar year. (2) Adjustments.--The amount of the payment made to any person under this section as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 2005 in the same manner as provided in the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986, except that in applying such provisions the calendar year 2005 shall be substituted for calendar year 1979. (f) Sunset.--No payment may be made under this section to any qualified hydroelectric facility after the expiration of the period of 20 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this Act, and no payment may be made under this section to any such facility after a payment has been made with respect to such facility for a period of 10 fiscal years. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out the purposes of this section $50,000,000 for each of the fiscal years 2006 through 2015. SEC. 4. HYDROELECTRIC EFFICIENCY IMPROVEMENT. (a) Incentive Payments.--The Secretary of Energy shall make incentive payments to the owners or operators of hydroelectric facilities at existing dams to be used to make capital improvements in the facilities that are directly related to improving the efficiency of such facilities by at least 3 percent. (b) Limitations.--Incentive payments under this section shall not exceed 10 percent of the costs of the capital improvement concerned and not more than one payment may be made with respect to improvements at a single facility. No payment in excess of $1,000,000 may be made with respect to improvements at a single facility. (c) Authorization.--There is authorized to be appropriated to carry out this section not more than $50,000,000 in each fiscal year after the fiscal year 2005. SEC. 5. SMALL HYDROELECTRIC POWER PROJECTS. Section 408(a)(6) of the Public Utility Regulatory Policies Act of 1978 is amended by striking ``April 20, 1977'' and inserting ``March 4, 2005''. SEC. 6. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL FACILITIES. (a) In General.--The Secretary of Energy, in consultation with the Secretary of the Interior and Secretary of the Army, shall conduct studies of the cost-effective opportunities to increase hydropower generation at existing federally-owned or operated water regulation, storage, and conveyance facilities. Such studies shall be completed within two years after the date of enactment of this Act and transmitted to the Committee on Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. An individual study shall be prepared for each of the Nation's principal river basins. Each such study shall identify and describe with specificity the following matters: (1) Opportunities to improve the efficiency of hydropower generation at such facilities through, but not limited to, mechanical, structural, or operational changes. (2) Opportunities to improve the efficiency of the use of water supplied or regulated by Federal projects where such improvement could, in the absence of legal or administrative constraints, make additional water supplies available for hydropower generation or reduce project energy use. (3) Opportunities to create additional hydropower generating capacity at existing facilities through, but not limited to, the construction of additional generating facilities, the uprating of generators and turbines, and the construction of pumped storage facilities. (4) Preliminary assessment of the costs and the economic and environmental consequences of such measures. (b) Previous Studies.--If studies of the type required by subsection (a) have been prepared by any agency of the United States and published within the five years prior to the date of enactment of this Act, the Secretary of Energy may choose not to perform new studies and incorporate the information in such studies into the studies required by subsection (a). (c) Authorization.--There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. SEC. 7. RENEWABLE ENERGY PRODUCTION INCENTIVES PROGRAM. Section 1212 of the Energy Policy Act of 1992 is amended in subsection (b) by inserting after ``and which'' the following ``is a small hydroelectric power project (as defined in section 408(a)(1) of the Public Utility Regulatory Policies Act of 1978) or which''.

Directs the Secretary of Energy to make incentive payments during a specified incentive period to the owner or operator of: (1) a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit (a qualified hydroelectric facility); and (2) hydroelectric facilities at existing dams for capital improvements that are directly related to improving their efficiency by at least three percent. Describes payment limitations.

To encourage the development of hydroelectric projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Autofill Act of 2015''. SEC. 2. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS. ``(a) Establishment of Program.--The Secretary shall establish a program under which taxpayers may download forms relating to the individual income tax returns that are populated with return information reported to the Secretary under chapter 61 and reported to the Secretary pursuant to section 232 of the Social Security Act. ``(b) Requirements Relating to Information.-- ``(1) Deadline for making information available.--The Secretary shall make such return information available under the program established under subsection (a) not later than 15 days after the Secretary receives such information. ``(2) Format of information made available.--Return information shall be made available under the program established under subsection (a) in both a printable document file suitable for manual completion and filing and in a computer-readable form suitable for use by automated tax preparation software. ``(c) Autofill Service Deadlines.-- ``(1) Standards.--Not later than October 31, 2015, the Secretary shall-- ``(A) establish standards for data download to tax preparation software, and ``(B) provide a demonstration server for downloading the partially populated printable document file. ``(2) Tax forms.--Not later than February 15, 2016, and annually thereafter, the Secretary shall provide on the Secretary's Web site a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with information with respect to the taxpayer that is reported under chapter 61 or any other provision of this title under which reporting of information is required. ``(d) Taxpayer Responsibility.--Nothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of his return of tax. ``(e) Disclaimer.--Before any form can be downloaded under the program established under subsection (a), taxpayer must acknowledge that-- ``(1) the taxpayer is responsible for the accuracy of his return, and ``(2) all information provided in the downloadable form under such program needs to be verified. ``(f) Information Provided for Wage and Self-Employment Income.-- For purposes of subsection (a)-- ``(1) Information related to calendar year 2015.--In the case of information relating to wages paid, and amounts of self-employment income, for calendar year 2015 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall, using best efforts, make such information available to the Secretary not later than January 31, 2016. ``(2) Information related to calendar year 2016 and thereafter.--In the case of information relating to wages paid, and amounts of self-employment income, for any calendar year after 2015 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall make such information available to the Secretary not later than the January 31 of the calendar year following the calendar year to which such wages and self-employment income relate.''. (b) Filing Deadline for Information Returns.--Section 6071(b) of such Code is amended to read as follows: ``(b) Information Returns.--Returns made under part III of this subchapter shall be filed on or before January 31 of the year following the calendar year to which such returns relate. Section 6081 shall not apply to returns under such part III.''. (c) Conforming Amendment to Social Security Act.--Section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the Commissioner shall require that information relating to wages paid, and amounts of self-employment income, be provided to the Commissioner not later than January 31 of the year following the calendar year to which such wages and self- employment income relate.''. (d) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Automated partially pre-populated tax returns.''. (e) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2014.

Autofill Act of 2015 Amends the Internal Revenue Code to require the Department of the Treasury to: (1) establish a program to allow taxpayers to download income tax forms that are populated with tax return information (e.g., wages, withholding, and self-employment income) previously reported to Treasury for the taxable year; (2) establish standards by October 31, 2015, for data download to tax preparation software; and (3) provide, not later than February 15, 2016, and annually thereafter, on the website of Treasury a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with tax return information previously reported to Treasury. Establishes deadlines for reporting tax return information to Treasury and for making such information available for populating tax returns.

Autofill Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Recreation and Conservation Endowment Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Congress finds that: (1) The Land and Water Conservation Fund Act of 1965 enbodied a visionary concept--that a portion of the proceeds from Outer Continental Shelf mineral leasing revenues and the depletion of a nonrenewable natural resource should result in a legacy of public places accessible for public recreation and benefit from resources belongings to all people, of all generations, and the enhancement of the most precious and most renewable natural resource of any nation, healthy and active citizens. (2) The States and local governments were to occupy a pivotal role in accomplishing the purposes of the Land and Water Conservation Fund Act of 1965 and the Act originally provided an equitable portion of funds to the States, and through them, to local governments. (3) However, because of competition for limited federal monies and the need for an annual appropriation, this original intention has been abandoned and, in recent years, the States have not received an equitable proportion of funds. (4) Nonetheless, with population growth and urban sprawl, the demand for recreation areas and open spaces, at the state and local level, remains a high priority for our citizens. (5) A new vision is called for--a vision that encompasses a multi-level national network of parks, recreation areas, open space preserves and greenways that reaches across the country to touch all communities. National parks are not enough; the federal government alone cannot accomplish this. A bold national vision, backed by realistic national funding support, to stimulate state, local and private sector, as well as federal efforts, is the only way to effectively address our ongoing recreation and open space conservation needs. (6) On June 19, 1997, the United States Supreme Court held in United States v. Alaska (No. 84 original) that the United States retains title to lands underlying the tidal waters off the State of Alaska's North Slope. (7) As a result of the Supreme Court decision, approximately $1,600,000,000 in escrowed oil and gas lease sale revenues are to be received by the United States. These funds are double the amount included by the Congressional Budget Office in revenue estimates for the concurrent resolution on the budget. (8) By placing these escrowed funds in an interest bearing account a permanent source of monies for state and local recreation and conservation acquisition, planning and development can be established. (b) Purpose.--The purpose of this Act is to revitalize state, local and private commitments envisioned in the Land and Water Conservation Fund Act of 1965 by creating a new Community Recreation and Conservation Endowment with the escrowed oil and gas lease sale revenues received by the United States pursuant to the Supreme Court decision in United States v. Alaska to provide funding for state, local and urban recreation and conservation needs. SEC 3. COMMUNITY RECREATION AND CONSERVATION ENDOWMENT. Section 6 of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-8) is amended by inserting the following new subsection at the beginning: ``(a) Community Recreation and Conservation Endowment.-- ``(1) Special account.--Notwithstanding any other provision of law, all escrowed oil and gas revenues and interest received by the United States pursuant to the June 19, 1997 Supreme Court decision in United States v. Alaska shall be deposited in a special account in the Treasury of the United States, to be known as the `Community Recreation and Conservation Endowment Account', for use pursuant to the provisions of this section. ``(2) Investment of special account.--All funds deposited as principal in the Community Recreation and Conservation Endowment Account shall earn interest in the amount determined by the Secretary of the Treasury. Such interest shall be added to the principal of the account and be expended according to the provisions of this section. ``(3) Expenditure of special account.--Interest on the Community Recreation and Conservation Endowment Account shall be available without further appropriation at the beginning of each fiscal year for expenditure by the Secretary of the Interior (hereinafter referred to as the `Secretary') for purposes of providing monies to the states according to the provisions of this section.''. SEC. 4. GENERAL AUTHORITY. Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended-- (1) by redesignating subsections (a) through (h) as subsections (b) through (i) respectively; (2) by striking the first sentence of subsection (b) (as so redesignated) and replacing with ``The Secretary is authorized to provide financial assistance to the States from interest earned on the Community Recreation and Conservation Endowment.''; and (3) by adding the following new sentence at the end of subsection (b) (as so redesignated): ``Absent some compelling and annually documented reason to the contrary acceptable to the Secretary, each State (other than an area treated as a State under section 6(c)(6)) shall make available as grants to local governments and other qualified recipients, at least one- half of the average annual State apportionment, or an equivalent amount made available from other sources.''. SEC. 5. APPORTIONMENT. Section 6(c) of the Land and Water Conservation Fund (16 U.S.C. 460l-8(c)) (as so redesignated) is amended-- (1) by striking the first sentence of subsection (c) and paragraphs (1), (2), and (3) and inserting the following: ``(c) Apportionment Among States; Notification.--Interest earned on the Community Recreation and Conservation Endowment shall be apportioned annually among the several States by the Secretary, whose determination shall be final, in accordance with the following formula: ``(1) Sixty percent shall be apportioned equally among the several States. ``(2) Twenty percent shall be apportioned on the basis of the proportion which the population of each State bears to the total population of the United States. ``(3) Twenty percent shall be apportioned on the basis of the urban population in each State (as defined by Metropolitan Statistical Areas). ``(4) The total allocation to an individual State under paragraphs (1) through (3) shall not exceed 10 percent of the total amount allocated to the several States in any one year.''; and (2) by redesignating paragraphs (4) and (5) of subsection (c) (as so redesignated) as paragraphs (5) and (6) respectively. SEC. 6. FUNDS FOR INDIAN TRIBES. Section 6(c)(6) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(c)(6)) (as so redesignated) is amended-- (1) by inserting ``(A)'' after ``(6)''; and (2) by adding at the end the following new subparagraph: ``(B) For the purposes of paragraph (1), all federally recognized Indian tribes and Alaska Native Village Corporations (as defined in section 3(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(j)) shall be treated collectively as one State, and shall receive shares of the apportionment under paragraph (1) in accordance with a competitive grant program established by the Secretary by rule. Such rule shall ensure that in each fiscal year no single tribe or Village Corporation receives more than 10 percent of the total amount made available to all tribes and Village Corporations pursuant to the apportionment under paragraph (1). Funds received by an Indian tribe or Village Corporation under this subparagraph may be expended only for the purposes specified in paragraphs (1) and (3) of subsection (b). Receipt in any given year of an apportionment under this section shall not prevent an Indian tribe or Village Corporation from receiving grants for other purposes under than regular apportionment of the State in which it is located.''. SEC. 7. CONFORMING AMENDMENTS. Section 5 of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-7) is amended by striking ``Not less than 40 per centum of such appropriations shall be available for Federal purposes.''.

Community Recreation and Conservation Endowment Act of 1997 - Amends the Land and Water Conservation Fund Act of 1965 to require all escrowed oil and gas revenues and interest received by the United States pursuant to the June 19, 1997, Supreme Court decision in United States v. Alaska to be deposited in a special Treasury account known as the Community Recreation and Conservation Endowment Account. Authorizes financial assistance to States from interest earned on the Account. Requires States to make at least one-half of the average annual apportionment of assistance available to local governments and other qualified recipients. Provides for annual apportionment of such interest among the States and revises the existing apportionment formula. Treats Indian tribes and Alaska Native village corporations collectively as one State for assistance purposes and apportions interest in accordance with a competitive grant program, such that no tribe or corporation receives more than ten percent of the total amount made available to all tribes and corporations. Permits such funds to be expended only for outdoor recreation planning or development. Provides that receipt of such funds shall not prevent a tribe or corporation from receiving grants for other purposes under the regular apportionment of the State in which it is located. Removes a requirement that at least 40 percent of appropriations from the Land and Water Conservation Fund be available for Federal purposes.

Community Recreation and Conservation Endowment Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eleanor Smith Inclusive Home Design Act of 2013''. SEC. 2. DEFINITIONS. As used in this Act: (1) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground- floor unit in a building of three or fewer dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted or otherwise arranged for construction, by any person or entity who, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity; and (D) is made available for first occupancy after the expiration of the one-year period beginning on the date of the enactment of this Act. (2) Federal financial assistance.--The term ``Federal financial assistance'' means-- (A) any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development or the Secretary of Veterans Affairs, or any program or activity or such agencies, through any grant, loan, contract, or any other arrangement, after the expiration of the one-year period beginning on the date of the enactment of this Act, including-- (i) grants, subsidies, or any other funds; (ii) services of Federal personnel; (iii) real or personal property or any interest in or use of such property, including-- (I) transfers or leases of the property for less than the fair market value or for reduced consideration; and (II) proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government; (iv) any tax credit, mortgage or loan guarantee or insurance; and (v) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); or (B) any assistance that is provided or otherwise made available by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). (3) Person or entity.--The term ``person or entity'' includes one or more individuals, corporations (including not- for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries. SEC. 3. VISITABILITY REQUIREMENT. It shall be unlawful for any person referred to in section 2(1)(C) with respect to a covered dwelling unit to fail to ensure that such dwelling unit contains at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future revisions thereto. SEC. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--Each applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for such assistance that all of its programs and activities will be conducted in compliance with this Act. (b) Approval of Architectural and Construction Plans.-- (1) Submission.--Any applicant for or recipient of Federal financial assistance for a covered dwelling unit shall submit for approval the architectural and construction plans for such unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the ``appropriate State or local agency''). (2) Determination of compliance.-- (A) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted pursuant to paragraph (1) and approving or disapproving such plans based upon compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until such compliance is determined. (B) Condition of federal housing assistance.--The Secretary of Housing and Urban Development may not provide any Federal financial assistance under any program administered by such Secretary to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary, taking the enforcement actions under subparagraph (A). (c) Civil Action for Private Persons.-- (1) Action.--Any person aggrieved by an act or omission that is unlawful under this Act may commence a civil action in an appropriate United States district court or State court against any person or entity responsible for any part of the design or construction of a covered dwelling unit no later than two years after the occurrence or termination of the alleged unlawful conduct under this Act. (2) Liability.--In any action under this subsection for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate State or local department or agency-- (A) if such approved plans violate this Act and any construction on such dwelling that violates this Act was performed in accordance with such approved plans, such State or local department or agency shall be liable for such construction in violation; and (B) if such approved plans comply with this Act and any construction on such dwelling violates this Act, the person or entity responsible for the construction shall be liable for such construction in violation. (d) Enforcement by Attorney General.--Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this Act, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this title has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and subject to subsection (g), may grant as relief, as the court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Violations.--For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the requirements of this Act shall not be considered to terminate until the violation is corrected. (g) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this title. SEC. 5. EFFECT ON STATE LAWS. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections, and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution or any other Act of the Congress. SEC. 7. SEVERABILITY OF PROVISIONS. If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.

Eleanor Smith Inclusive Home Design Act of 2013 - Requires newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the Standards for Type C (Visitable) Units of the American National Standards Institute (ANSI) Standards for Accessible and Usable Buildings and Facilities (1005-ICC ANSI A117.1-2009) and any future revisions. Requires: (1) each applicant for federal financial assistance to submit compliance assurances to the relevant federal agency, and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for state or local approval. Prohibits federal financial assistance to a state or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings. Permits: (1) private civil actions in a U.S. district court or state court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act.

Eleanor Smith Inclusive Home Design Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Investment Act of 1995''. SEC. 2. CREDIT FOR INTEREST ON EDUCATION LOANS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. INTEREST ON EDUCATION LOANS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Maximum Credit.-- ``(1) In general.--Except as provided in paragraph (2), the credit allowed by subsection (a) for the taxable year shall not exceed $500 ($1,000 in the case of 2 or more individuals with qualified higher education expenses paid by any qualified education loan). ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $40,000 ($60,000 in the case of a joint return), the amount which would (but for this paragraph) be allowable as a credit under this section shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowable as such excess bears to $15,000. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(i) without regard to sections 135, 911, 931, and 933, and ``(ii) after application of sections 86, 219, and 469. ``(C) Inflation adjustment.--In the case of any taxable year beginning after 1996, the $40,000 and $60,000 amounts referred to in subparagraph (A) 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, except that subparagraph (B) of subsection (1)(f)(3) shall be applied by substituting `1995' for `1992'. ``(D) Rounding.--If any amount as adjusted under subparagraph (C) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or, if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50). ``(c) Limitation on Taxpayers Eligible for Credit.--No credit shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Limit on Period Credit Allowed.-- ``(1) Taxpayer and taxpayer's spouse.--Except as provided in paragraph (2), a credit shall be allowed under this section only with respect to interest paid on any qualified education loan during the first 60 months (whether or not consecutive) in which interest payments are required. For purposes of this paragraph, any loan and all refinancings of such loan shall be treated as 1 loan. ``(2) Dependent.--If the qualified education loan was used to pay education expenses of an individual other than the taxpayer or the taxpayer's spouse, a credit shall be allowed under this section for any taxable year with respect to such loan only if-- ``(A) a deduction under section 151 with respect to such individual is allowed to the taxpayer for such taxable year, and ``(B) such individual is at least a half-time student with respect to such taxable year. ``(e) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' means any indebtedness incurred to pay qualified higher education expenses-- ``(A) which are incurred on behalf of the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer, ``(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ``(C) which are attributable to education furnished during a period during which the recipient was at least a half-time student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term `qualified education loan' shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ``(2) Qualified higher education expenses.--The term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before the date of the enactment of this Act) of the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer at an eligible educational institution. For purposes of the preceding sentence, the term `eligible educational institution' has the same meaning given such term by section 135(c)(3), except that such term shall also include an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ``(3) Half-time student.--The term `half-time student' means any individual who would be a student as defined in section 151(c)(4) if `half-time' were substituted for `full- time' each place it appears in such section. ``(4) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(f) Special Rules.-- ``(1) Denial of double benefit.--No credit shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.'' (b) Reporting Requirement.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by inserting after section 6050P the following new section: ``SEC. 6050Q. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS. ``(a) Education Loan Interest of $600 or More.--Any person-- ``(1) who is engaged in a trade or business, and ``(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any qualified education loan, shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, ``(2) contains-- ``(A) the name and address of the individual from whom the interest described in subsection (a)(2) was received, ``(B) the amount of such interest received for the calendar year, and ``(C) such other information as the Secretary may prescribe. ``(c) Application to Governmental Units.--For purposes of subsection (a): ``(1) Treated as persons.--The term `person' includes any governmental unit (and any agency or instrumentality thereof). ``(2) Special rules.--In the case of a governmental unit or any agency or instrumentality thereof-- ``(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and ``(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. ``(d) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return, and ``(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ``(e) Qualified Education Loan Defined.--For purposes of this section, except as provided in regulations prescribed by the Secretary, the term `qualified education loan' has the meaning given such term by section 23(e)(1). ``(f) Returns Which Would Be Required To Be Made by 2 or More Persons.--Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).'' (c) Clerical Amendments.-- (1) 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 inserting after the item relating to section 22 the following new item: ``Sec. 23. Interest on education loans.'' (2) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050P the following new item: ``Sec. 6050Q. Returns relating to education loan interest received in trade or business from individuals.'' (d) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 23(e)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 1995, and before the termination of the period described in section 23(d)(1) of such Code.

Higher Education Investment Act of 1995 - Amends the Internal Revenue Code to allow an individual a credit of 20 percent of the interest paid on any qualified education loan. Limits the maximum credit allowable to $500 for an individual and $1,000 for two or more individuals. Imposes a limit on the amount of credit based on modified adjusted gross income of the taxpayer over $40,000 ($60,000 for a joint return). Limits the period the credit is allowed to a taxpayer or spouse to the first 60 months in which interest payments are required. Provides that any loan and all refinancings of any loan shall be treated as one loan. Allows a credit, if the education loan was used to pay the education expenses of an individual other than the taxpayer or the taxpayer's spouse, for certain dependents. Defines qualified education loan and qualified higher education expenses. Allows a credit to a married couple only if such couple files a joint return. Requires that an individual engaged in a trade or business who receives from any individual interest aggregating $600 or more on any qualified education loan, make a return with respect to each individual from whom such interest was received. Directs that in the case of returns which would be required to be made by two or more persons, only the person first receiving such interest shall be required to make the return.

Higher Education Investment Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Government Improvement and Efficiency Act of 1996''. SEC. 2. REDUCTION IN MINIMUM NUMBER OF MEMBERS OF BOARD OF TRUSTEES OF AMERICAN UNIVERSITY. (a) In General.--The first section of the Act entitled ``An Act to incorporate the American University'', approved February 24, 1893 (27 Stat. 476), is amended by striking ``forty'' and inserting ``twenty- five''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF APPLICATION OF SERVICE CONTRACT ACT OF 1965 TO DISTRICT OF COLUMBIA. (a) In General.--The Service Contract Act of 1965 (41 U.S.C. 351 et seq.) is amended-- (1) in section 2(a) in the matter preceding paragraph (1), by striking ``or the District of Columbia''; and (2) in section 7(1), by striking ``or District of Columbia''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts of the District of Columbia entered into on or after the date of the enactment of this Act. SEC. 4. AUTHORIZING AGREEMENTS BETWEEN DISTRICT OF COLUMBIA AND BUREAU OF PRISONS TO ESTABLISH AMOUNT OF PAYMENTS FOR HOUSING DISTRICT PRISONERS. The undesignated paragraph in the item relating to ``united states courts'' under the heading ``JUDICIAL'' in the Act of March 3, 1915 (38 Stat. 869, ch. 75; sec. 24-424, D.C. Code) (relating to the cost of the care and custody of District of Columbia convicts in any Federal penitentiary) is amended by adding at the end the following new sentence: ``Notwithstanding the previous sentence or any provision of title 18, United States Code, to the contrary, with respect to District of Columbia convicts in any Federal penitentiary during the 5-year period beginning October 1, 1996, the Mayor of the District of Columbia and the Director of the Bureau of Prisons may enter into an agreement waiving the requirements of the previous sentence or establishing an alternative amount to be charged against the District of Columbia for such convicts, so long as the Director provides notice of the intent to enter into the agreement to the Committees on Appropriations, the Judiciary, and Government Reform and Oversight of the House of Representatives and the Committees on Appropriations, the Judiciary, and Governmental Affairs of the Senate not later than 15 days before entering into the agreement.''. SEC. 5. EXEMPTION OF CERTAIN CONTRACTS FROM COUNCIL REVIEW. (a) In General.--Section 451 of the District of Columbia Self- Government and Governmental Reorganization Act (sec. 1-1130, D.C. Code), as amended by section 304(a)(3) of the District of Columbia Appropriations Act, 1996, is amended by adding at the end the following new subsection: ``(d) Exemption for Certain Contracts.--The requirements of this section shall not apply with respect to any of the following contracts: ``(1) Any contract entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction. ``(2) Any contract entered into by the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant. ``(3) At the option of the Council, any contract for a highway improvement project carried out under title 23, United States Code.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts entered into on or after the date of the enactment of this Act. SEC. 6. WAIVER OF RESIDENCY REQUIREMENT FOR CERTAIN EMPLOYEES OF INSPECTOR GENERAL. Section 906 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (sec. 1-610.6, D.C. Code) is amended-- (1) in subsection (a), by inserting ``or subsection (d)'' after ``subsection (c)''; and (2) by adding at the end the following new subsection: ``(d) At the request of the Inspector General (as described in section 208(a) of the District of Columbia Procurement Practices Act of 1985), the Director of Personnel may waive the application of subsections (a) and (b) to employees of the Office of the Inspector General.''. SEC. 7. COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION COMMISSION. (a) In General.--Effective as if included in the enactment of the District of Columbia Appropriations Act, 1996, section 434(b)(5) of the District of Columbia Self-Government and Governmental Reorganization Act is amended to read as follows: ``(5) Members of the Commission shall serve without compensation for services rendered in connection with their official duties on the Commission.''. (b) Conforming Amendment.--Section 133(b) of the District of Columbia Appropriations Act, 1996 is hereby repealed, and the provision of law amended by such section is hereby restored as if such section had not been enacted into law. SEC. 8. SHORT TITLE OF HOME RULE ACT. (a) In General.--Section 101 of the District of Columbia Self- Government and Governmental Reorganization Act is amended by striking ``District of Columbia Self-Government and Governmental Reorganization Act'' and inserting ``District of Columbia Home Rule Act''. (b) References in Law.--Any reference in law or regulation to the District of Columbia Self-Government and Governmental Reorganization Act shall be deemed to be a reference to the District of Columbia Home Rule Act.

District of Columbia Government Improvement and Efficiency Act of 1996 - Reduces the minimum number of members of the Board of Trustees of the American University from 40 to 25. (Sec. 3) Repeals the application of the Service Contract Act of 1965 with respect to the District of Columbia. (Sec. 4) Authorizes the Mayor of the District and the Director of the Bureau of Prisons, with respect to District of Columbia convicts in any Federal penitentiary during the five-year period beginning in FY 1997, to enter into an agreement waiving requirements relating to the cost of the care and custody of D.C. convicts in Federal penitentiaries or establishing an alternative amount to be charged against the District for such convicts so long as the Director provides at least 15 days' notice of the intent to enter into the agreement to specified congressional committees. (Sec. 5) Amends the District of Columbia Self-Government and Governmental Reorganization Act to exempt from review by the D.C. Council contracts: (1) entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction; (2) entered into by the District of Columbia Water and Sewer Authority, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant; and (3) for Federal highway improvement projects at the option of the Council. (Sec. 6) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to allow, at the request of the Inspector General, the Director of Personnel to waive the residency requirement for employees of the Office of the Inspector General. (Sec. 7) Requires members of the Judicial Nomination Commission to serve without compensation for services rendered in connection with their official duties on the Commission. (Sec. 8) Renames the District of Columbia Self-Government and Governmental Reorganization Act as the District of Columbia Home Rule Act.

District of Columbia Government Improvement and Efficiency Act of 1996

TITLE I--NICODEMUS NATIONAL HISTORIC SITE SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the town of Nicodemus, in Kansas, has national significance as the only remaining western town established by African-Americans during the Reconstruction period following the Civil War; (2) the town of Nicodemus is symbolic of the pioneer spirit of African-Americans who dared to leave the only region they had been familiar with to seek personal freedom and the opportunity to develop their talents and capabilities; and (3) the town of Nicodemus continues to be a viable African- American community. (b) Purposes.--The purposes of this title are-- (1) to preserve, protect, and interpret for the benefit and enjoyment of present and future generations, the remaining structures and locations that represent the history (including the settlement and growth) of the town of Nicodemus, Kansas; and (2) to interpret the historical role of the town of Nicodemus in the Reconstruction period in the context of the experience of westward expansion in the United States. SEC. 102. DEFINITIONS. In this title: (1) Historic site.--The term ``historic site'' means the Nicodemus National Historic Site established by section 103. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE. (a) Establishment.--There is established the Nicodemus National Historic Site in Nicodemus, Kansas. (b) Description.-- (1) In general.--The historic site shall consist of the First Baptist Church, the St. Francis Hotel, the Nicodemus School District Number 1, the African Methodist Episcopal Church, and the Township Hall located within the approximately 161.35 acres designated as the Nicodemus National Landmark in the Township of Nicodemus, Graham County, Kansas, as registered on the National Register of Historic Places pursuant to section 101 of the National Historic Preservation Act (16 U.S.C. 470a), and depicted on a map entitled ``Nicodemus National Historic Site'', numbered 80,000 and dated August 1994. (2) Map and boundary description.--The map referred to in paragraph (1) and an accompanying boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service and any other office of the National Park Service that the Secretary determines to be an appropriate location for filing the map and boundary description. SEC. 104. ADMINISTRATION OF THE HISTORIC SITE. (a) In General.--The Secretary shall administer the historic site in accordance with-- (1) this title; and (2) the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.). (b) Cooperative Agreements.--To further the purposes specified in section 101(b), the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution. (c) Technical and Preservation Assistance.-- (1) In general.--The Secretary may provide to any eligible person described in paragraph (2) technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, the historic site. (2) Eligible persons.--The eligible persons described in this paragraph are-- (A) an owner of real property within the boundary of the historic site, as described in section 103(b); and (B) any interested individual, agency, organization, or institution that has entered into an agreement with the Secretary pursuant to subsection (b). SEC. 105. ACQUISITION OF REAL PROPERTY. (a) In General.--Subject to subsection (b), the Secretary is authorized to acquire by donation, exchange, or purchase with funds made available by donation or appropriation, such lands or interests in lands as may be necessary to allow for the interpretation, preservation, or restoration of the First Baptist Church, the St. Francis Hotel, the Nicodemus School District Number 1, the African Methodist Episcopal Church, or the Township Hall, as described in section 103(b)(1), or any combination thereof. (b) Limitations.-- (1) Acquisition of property owned by the state of kansas.-- Real property that is owned by the State of Kansas or a political subdivision of the State of Kansas that is acquired pursuant to subsection (a) may only be acquired by donation. (2) Consent of owner required.--No real property may be acquired under this section without the consent of the owner of the real property. SEC. 106. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than the last day of the third full fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in subsection (b), prepare a general management plan for the historic site. (b) Consultation.--In preparing the general management plan, the Secretary shall consult with an appropriate official of each of the following: (1) The Nicodemus Historical Society. (2) The Kansas Historical Society. (3) Appropriate political subdivisions of the State of Kansas that have jurisdiction over all or a portion of the historic site. (c) Submission of Plan to Congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Resources of the House of Representatives. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior such sums as are necessary to carry out this title. TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT SEC. 201. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the New Bedford National Historic Landmark District and associated historic sites as described in section 203(b) of this title, including the Schooner Ernestina, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of whaling in the United States; (2) the city of New Bedford was the 19th century capital of the world's whaling industry and retains significant architectural features, archival materials, and museum collections illustrative of this period; (3) New Bedford's historic resources provide unique opportunities for illustrating and interpreting the whaling industry's contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment; and (4) the National Park System presently contains no sites commemorating whaling and its contribution to American history. (b) Purposes.--The purposes of this title are-- (1) to help preserve, protect, and interpret the resources within the areas described in section 203(b) of this title, including architecture, setting, and associated archival and museum collections; (2) to collaborate with the city of New Bedford and with local historical, cultural, and preservation organizations to further the purposes of the park established under this title; and (3) to provide opportunities for the inspirational benefit and education of the American people. SEC. 202. DEFINITIONS. For the purposes of this title: (1) The term ``park'' means the New Bedford Whaling National Historical Park established by section 203. (2) The term ``Secretary'' means the Secretary of the Interior. SEC. 203. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain districts structures, and relics located in New Bedford, Massachusetts, and associated with the history of whaling and related social and economic themes in America, there is established the New Bedford Whaling National Historical Park. (b) Boundaries.--(1) The boundaries of the park shall be those generally depicted on the map numbered NAR-P49-80000-4 and dated June 1994. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. In case of any conflict between the descriptions set forth in subparagraphs (A) through (D) and such map, such map shall govern. The park shall include the following: (A) The area included within the New Bedford National Historic Landmark District, known as the Bedford Landing Waterfront Historic District, as listed within the National Register of Historic Places and in the Massachusetts State Register of Historic Places. (B) The National Historic Landmark Schooner Ernestina, with its home port in New Bedford. (C) The land along the eastern boundary of the New Bedford National Historic Landmark District over to the east side of MacArthur Drive from the Route 6 overpass on the north to an extension of School Street on the south. (D) The land north of Elm Street in New Bedford, bounded by Acushnet Avenue on the west, Route 6 (ramps) on the north, MacArthur Drive on the east, and Elm Street on the south. (2) In addition to the sites, areas and relics referred to in paragraph (1) , the Secretary may assist in the interpretation and preservation of each of the following: (A) The southwest corner of the State Pier. (B) Waterfront Park, immediately south of land adjacent to the State Pier. (C) The Rotch-Jones-Duff House and Garden Museum, located at 396 County Street. (D) The Wharfinger Building, located on Piers 3 and 4. (E) The Bourne Counting House, located on Merrill's Wharf. SEC. 204. ADMINISTRATION OF PARK. (a) In General.--The park shall be administered by the Secretary in accordance with this title and the provisions of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461- 467). (b) Cooperative Agreements.--(1) The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park. (2) Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this title, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Non-Federal Matching Requirements.--(1) Funds authorized to be appropriated to the Secretary for the purposes of-- (A) cooperative agreements under subsection (b) shall be expended in the ratio of one dollar of Federal funds for each four dollars of funds contributed by non-Federal sources; and (B) construction, restoration, and rehabilitation of visitor and interpretive facilities (other than annual operation and maintenance costs) shall be expended in the ratio of one dollar of Federal funds for each one dollar of funds contributed by non-Federal sources. (2) For the purposes of this subsection, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this title, any money so contributed. With the approval of the Secretary, any donation of property, services, or goods from a non- Federal source may be considered as a contribution of funds from a non- Federal source for the purposes of this subsection. (d) Acquisition of Real Property.--For the purposes of the park, the Secretary may acquire only by donation lands, interests in lands, and improvements thereon within the park. (e) Other Property, Funds, and Services.--The Secretary may accept donated funds, property, and services to carry out this title. SEC. 205. GENERAL MANAGEMENT PLAN. Not later than the end of the second fiscal year beginning after the date of enactment of this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a general management plan for the park and shall implement such plan as soon as practically possible. The plan shall be prepared in accordance with section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and other applicable law. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Except as provided in subsection (b), there are authorized to be appropriated such sums as may be necessary to carry out annual operations and maintenance with respect to the park. (b) Exceptions.--In carrying out this title-- (1) not more than $2,000,000 may be appropriated for construction, restoration, and rehabilitation of visitor and interpretive facilities, and directional and visitor orientation signage; (2) none of the funds authorized to be appropriated by this title may be used for the operation or maintenance of the Schooner Ernestina; and (3) not more than $50,000 annually of Federal funds may be used for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under section 204(b). Passed the Senate May 2, 1996. Attest: KELLY D. JOHNSTON, Secretary.

TABLE OF CONTENTS: Title I: Nicodemus National Historic Site Title II: New Bedford National Historic Landmark District Title I: Nicodemus National Historic Site - Establishes the Nicodemus National Historic Site in Nicodemus, Kansas. Authorizes the Secretary of the Interior to: (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning; and (2) acquire certain real property in connection with the Site. Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. Authorizes appropriations. Title II: New Bedford National Historic Landmark District - Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act for preservation, development, interpretation, and use of the Park; and (2) non-Federal funds matching Federal funds for visitor and interpretive facilities (other than operation and maintenance costs). Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act.

A bill to establish the Nicodemus National Historic Site and the New Bedford National Historic Landmark.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Investment and Empowerment Act''. SEC. 2. PURPOSE. The purpose of this Act is to assist with the economic growth of economically disadvantaged communities that have potential for strong Class 1 commercial investment, but continue to have a difficult time recruiting Class 1 commercial investment. SEC. 3. ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL INVESTMENT IN UNDERSERVED COMMUNITIES. The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended by adding at the end the following new title: ``TITLE VI--ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES ``SEC. 511. GRANT PROGRAM. ``(a) Authorization.--From amounts appropriated under section 513, the Administrator shall make grants on a competitive basis to communities for-- ``(1) the creation of a grant and/or revolving loan fund program that helps develop financing packages for Class 1 commercial investment; ``(2) lowering real estate property tax rates; ``(3) conducting community-wide market analysis to help recruit and/or retain Class 1 commercial investment; ``(4) creating employment training programs for Class 1 business customer service, sales, and managerial positions; ``(5) retail marketing strategies to solicit new Class 1 commercial investment starts in the community; ``(6) program allowances for activities such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations; and ``(7) hiring business recruitment specialists. ``(b) Eligibility.--The Administrator may only make a grant under subsection (a) to communities that-- ``(1) demographics include-- ``(A) a median per capita income no higher than $35,000; and ``(B) a lack of Class 1 commercial investment; and ``(2) submit an application at such time, in such form, and containing such information and assurances as the Administrator may require, including-- ``(A) a description of how the community through the activities the community carries out with the grant funds will recruit, retain and grow their economy through Class 1 commercial investment; and ``(B) a description of the difficulty the community has faced recruiting, retaining and growing their economy through Class 1 commercial investment. ``(c) Matching Funds.-- ``(1) In general.--The Administrator may not make a grant to a community under subsection (a) unless the community agrees that, with respect to the costs to be incurred by the community in carrying out the activities for which the grant is awarded, the community will make available non-Federal contributions in an amount equal to not less than 10 percent of the Federal funds provided under the grant. ``(2) Satisfying matching requirements.--The non-Federal contributions required under paragraph (1) may be-- ``(A) in cash or in-kind, including services, fairly evaluated; and ``(B) from-- ``(i) any private source; ``(ii) a State or local governmental entity; or ``(iii) a not-for-profit. ``(3) Waiver.--The Administrator may waive or reduce the non-Federal contribution required by paragraph (1) if the community involved demonstrates that the eligible entity cannot meet the contribution requirement due to financial hardship. ``(d) Limitations.--Funding appropriated under section 513 will be allocated by the following formula-- ``(1) no more than up to 5 percent of funds appropriated under section 513 shall go to administrative costs; ``(2) up to 70 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(1) through (a)(4) after taking into account administrative costs under section (c)(1)(A); and ``(3) 30 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(5) through (a)(7) after taking into account administrative costs under section (c)(1)(A). ``SEC. 512. DEFINITIONS. ``In this title, the following definitions apply: ``(1) Community.--The term `community' means a governance structure that includes county, parish, city, village, township, district or borough. ``(2) Class 1 commercial investment.--The term `Class 1 commercial investment' means retail grocery chains, food service retailers, restaurants and franchises, retail stores, cafes, shopping malls, and other shops. ``(3) Economically underserved community.--The term `economically underserved community' means an area suffering from low income and resultant low purchasing power, limiting its ability to generate sufficient goods and services to be used in exchange with other areas to meet current consumption needs. ``SEC. 513. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Administrator to carry out section 511(a) $40,000,000 for each of fiscal years 2014 through 2019.''.

Community Investment and Empowerment Act - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to make grants on a competitive basis to communities for: the creation of a grant and/or revolving loan fund program that helps develop financing packages for Class 1 commercial investment (defined as retail grocery chains, food service retailers, restaurants and franchises, retail stores, cafes, shopping malls, and other shops); lowering real estate property tax rates; conducting community-wide market analysis to help recruit and/or retain Class 1 commercial investment; creating employment training programs for Class 1 business customer service, sales, and managerial positions; retail marketing strategies to solicit new Class 1 commercial investment starts in the community; program allowances for activities such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations; and hiring business recruitment specialists. Authorizes the Administrator to only make such a grant to communities: (1) whose demographics include a median per capita income no higher than $35,000 and a lack of Class 1 commercial investment; (2) that submit an application that describes the activities the community carries out, and the difficulty the community has faced, to recruit, retain and grow their economy through Class 1 commercial investment; and (3) that agree to match 10% of grant funds with certain non-federal contributions. Allows the Administrator to waive or reduce the non-federal contribution if the community involved demonstrates that it cannot meet the contribution requirement due to financial hardship.

Community Investment and Empowerment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Sumner Project Title Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Fort Sumner Irrigation District, located in De Baca County, New Mexico. (2) Forbearance agreement.--The term ``Forbearance Agreement'' means the contract between the United States and the District for the forbearance of exercising priority water rights numbered 08-WC-40-292 and dated August 21, 2009 (including any amendments to that contract). (3) Project.--The term ``Project'' means the Fort Sumner reclamation project. (4) Repayment contract.--The term ``Repayment Contract'' means the contract between the United States and the District numbered Ilr-1524 and dated November 5, 1948 (including any supplements and amendments to that contract). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Memorandum of agreement.--The term ``Memorandum of Agreement'' means the agreement entitled ``Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities'' and numbered 11-WC-40-406 (including any amendments to that agreement). (7) Transfer agreement.--The term ``Transfer Agreement'' means the agreement between the United States and the Fort Sumner Irrigation District that identifies the specific terms and conditions of the title transfer. This document will be completed after the requirements described in section 3(d) are satisfied. SEC. 3. CONVEYANCE. (a) In General.--The Secretary is authorized to convey to the District all right and title of the United States in and to all works, land, and facilities of the Project, in accordance with the terms and conditions established in the Transfer Agreement. (b) Valid Existing Rights.--The conveyance under this section shall be subject to all valid existing leases, permits, rights-of-way, easements, and other rights appurtenant to the property conveyed. (c) Costs of Conveyance.--The costs of the conveyance under this section, including the costs of environmental compliance, may be shared between the United States and the District, in accordance with the Memorandum of Agreement. (d) Compliance With Environmental Laws.-- (1) In general.--Before carrying out the conveyance under subsection (a), the Secretary shall assure compliance with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the property conveyed. (2) Effect.--Nothing in this Act modifies or alters any obligation under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (e) Failure To Convey.--If the Secretary fails to complete the conveyance under this section by the date that is 2 years after the date of completion of the requirements described in subsection (d) of this Act, the Secretary shall submit to Congress a report that-- (1) explains the reasons why the conveyance has not been completed; and (2) states the date by which the conveyance will be completed. SEC. 4. LIABILITY. (a) In General.--Effective on the date of the conveyance under section 3, the United States-- (1) shall have no further interest in, and shall have no responsibility for operating or maintaining, the Project; and (2) shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts committed by the United States or employees, agents, or contractors of the United States before the date of the conveyance. (b) Effect of Section.--Nothing in this section increases the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). SEC. 5. TERMINATION OF REPAYMENT CONTRACT. Effective beginning on the date of the conveyance under section 3-- (1) the Repayment Contract shall terminate; and (2) the United States and the District shall have no obligations under the Repayment Contract. SEC. 6. FORBEARANCE AGREEMENT. (a) Payment Obligation.--In accordance with paragraph 4(a) of the Forbearance Agreement, effective beginning on the date of termination of the Repayment Contract under section 5, the United States shall have no payment obligation under paragraph 4(a) of the Forbearance Agreement. (b) Other Terms and Conditions.--All other terms and conditions of the Forbearance Agreement shall remain in full force and effect on termination of the Repayment Contract under section 5. (c) Term.--The term of the Forbearance Agreement shall be not less than 10 years after the date of enactment of this Act, as set forth in the Memorandum of Agreement. SEC. 7. FUTURE BENEFITS. After conveyance of title under this Act-- (1) the conveyed property shall not be considered to be a part of a Federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including Federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project.

Fort Sumner Project Title Conveyance Act - Authorizes the Secretary of the Interior to convey to the Fort Sumner Irrigation District, located in De Baca County, New Mexico, all works, land, and facilities of the Fort Sumner reclamation project in accordance with the Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities. Requires the Secretary, before carrying out such conveyance, to assure compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to the property conveyed. Requires the Secretary to report to Congress if such conveyance isn't completed within two years after such requirements are met. Terminates, on the date of such conveyance: (1) U.S. interest in and responsibility for the project and liability relating to the conveyed property; (2) a specified repayment contract between the United States and the District dated November 5, 1948; and (3) a specified payment obligation of the United States under the contract between the United States and the District for the forbearance of exercising priority water rights, dated August 21, 2009. Provides that all other terms of such forbearance agreement shall remain in effect for not less than 10 years after this Act's enactment. Provides that after conveyance of title under this Act: (1) the conveyed property shall not be considered to be a part of a federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a federal reclamation project.

To transfer certain facilities, easements, and rights-of-way to Fort Sumner Irrigation District, New Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Passenger Disaster Family Assistance Act of 2001''. SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. (a) In General.--Subchapter III of chapter 11 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 1138. Assistance to families of passengers involved in rail passenger accidents ``(a) In General.--As soon as practicable after being notified of a rail passenger accident within the United States involving a rail passenger carrier and resulting in a major loss of life, the Chairman of the National Transportation Safety Board shall-- ``(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and ``(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident. ``(b) Responsibilities of the Board.--The Board shall have primary Federal responsibility for-- ``(1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); and ``(2) communicating with the families of passengers involved in the accident as to the roles of-- ``(A) the organization designated for an accident under subsection (a)(2); ``(B) Government agencies; and ``(C) the rail passenger carrier involved, with respect to the accident and the post-accident activities. ``(c) Responsibilities of Designated Organization.--The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident: ``(1) To provide mental health and counseling services, in coordination with the disaster response team of the rail passenger carrier involved. ``(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private. ``(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed. ``(4) To arrange a suitable memorial service, in consultation with the families. ``(d) Passenger Lists.-- ``(1) Requests for passenger lists.-- ``(A) Requests by director of family support services.--It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a list, which is based on the best available information at the time of the request, of the names of the passengers that were aboard the rail passenger carrier's train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident. ``(B) Requests by designated organization.--The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a list described in subparagraph (A). ``(2) Use of information.--The director of family support services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate. ``(e) Continuing Responsibilities of the Board.--In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident-- ``(1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; and ``(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident. ``(f) Use of Rail Passenger Carrier Resources.--To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the rail passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier. ``(g) Prohibited Actions.-- ``(1) Actions to impede the board.--No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another. ``(2) Unsolicited communications.--No unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual (other than an employee of the rail passenger carrier) injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident. ``(3) Prohibition on actions to prevent mental health and counseling services.--No State or political subdivision may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if State and local authorities are notified of the determination. ``(h) Definitions.--In this section, the following definitions apply: ``(1) Rail passenger accident.--The term `rail passenger accident' means any rail passenger disaster occurring in the provision of-- ``(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ``(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause. ``(2) Rail passenger carrier.--The term `rail passenger carrier' means a rail carrier providing-- ``(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ``(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, except that such term shall not include a tourist, historic, scenic, or excursion rail carrier. ``(3) Passenger.--The term `passenger' includes-- ``(A) an employee of a rail passenger carrier aboard a train; ``(B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the rail transportation; and ``(C) any other person injured or killed in the accident. ``(i) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 1137 the following: ``1138. Assistance to families of passengers involved in rail passenger accidents.''. SEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. (a) In General.--Part C of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 251--FAMILY ASSISTANCE ``Sec. ``25101. Plans to address needs of families of passengers involved in rail passenger accidents. ``Sec. 25101. Plans to address needs of families of passengers involved in rail passenger accidents ``(a) Submission of Plans.--Not later than 6 months after the date of the enactment of this section, each rail passenger carrier shall submit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a train of the rail passenger carrier and resulting in a major loss of life. ``(b) Contents of Plans.--A plan to be submitted by a rail passenger carrier under subsection (a) shall include, at a minimum, the following: ``(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers. ``(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1138(a)(2) of this title or the services of other suitably trained individuals. ``(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the rail passenger carrier has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person. ``(4) An assurance that the rail passenger carrier will provide to the director of family support services designated for the accident under section 1138(a)(1) of this title, and to the organization designated for the accident under section 1138(a)(2) of this title, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident. ``(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the rail passenger carrier. ``(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the rail passenger carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation. ``(7) An assurance that any unclaimed possession of a passenger within the control of the rail passenger carrier will be retained by the rail passenger carrier for at least 18 months. ``(8) An assurance that the family of each passenger or other person killed in the accident will be consulted about construction by the rail passenger carrier of any monument to the passengers, including any inscription on the monument. ``(9) An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. ``(10) An assurance that the rail passenger carrier will work with any organization designated under section 1138(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident. ``(11) An assurance that the rail passenger carrier will provide reasonable compensation to any organization designated under section 1138(a)(2) of this title for services provided by the organization. ``(12) An assurance that the rail passenger carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. ``(13) An assurance that the rail passenger carrier will commit sufficient resources to carry out the plan. ``(14) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident. ``(15) An assurance that, upon request of the family of a passenger, the rail passenger carrier will inform the family of whether the passenger's name appeared on any preliminary passenger manifest for the train involved in the accident. ``(c) Limitation on Liability.--A rail passenger carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the rail passenger carrier in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by the rail passenger carrier under subsection (b), unless such liability was caused by conduct of the rail passenger carrier which was grossly negligent or which constituted intentional misconduct. ``(d) Definitions.--In this section-- ``(1) the terms `rail passenger accident' and `rail passenger carrier' have the meanings such terms have in section 1138 of this title; and ``(2) the term `passenger' means a person aboard a rail passenger carrier's train that is involved in a rail passenger accident. ``(e) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.''. (b) Conforming Amendment.--The table of chapters for subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 249 the following new item: ``251. FAMILY ASSISTANCE................................... 25101''. Passed the House of Representatives February 14, 2001. Attest: JEFF TRANDAHL, Clerk.

Rail Passenger Disaster Family Assistance Act of 2001 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board, as soon as practicable after being notified of a rail passenger accident involving a major loss of life, to: (1) designate and publicize the name and phone number of a Board employee who shall be a director of family support services responsible for acting as a point of contact within the Federal Government for the families of passengers involved in a rail passenger accident, and a liaison between the rail passenger carrier and the families; and (2) designate an independent nonprofit organization (with experience in disasters and post-trauma communication with families) which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in such accidents.Declares it shall be the responsibility of the director of family support services to request, as soon as practicable, from the rail passenger carrier involved in an accident a list of the names of the passengers who were aboard the carrier's train. Authorizes a designated organization also to request such list from such carrier. Prohibits the director of family support services and a designated organization from releasing list information to any person, except that information about a passenger may be provided to the passenger's family to the extent considered appropriate by the director or organization. Requires the Board, in the course of its investigation of an accident, to ensure, to the maximum extent practicable, that the families of passengers involved in the accident are: (1) briefed, prior to any public briefing about the accident and any other findings from the investigation; and (2) individually informed of and allowed to attend any public hearings and meetings of the Board about such accident.Prohibits: (1) a person (including a State or political subdivision) from impeding the ability of the Board (including the director of family support services) or the designated organization to carry out its responsibilities under this Act, or the ability of the families of passengers involved in an accident to have contact with one another; (2) unsolicited communication concerning a potential action for personal injury or wrongful death to be made by an attorney or any potential party to the litigation to an individual (other than an employee of the rail passenger carrier) injured in an accident, or to a relative of an individual involved in such accident, before the 45th day following the date of the accident; and (3) a State or political subdivision from preventing the employees, agents, or volunteers of an organization from providing mental health and counseling services in the 30-day period beginning on the date of an accident.Directs each rail passenger carrier to submit to the Secretary of Transportation and the Chairman of the Board a plan for addressing the needs of the families of passengers involved in a rail passenger accident resulting in a major loss of life. Shields a rail passenger carrier from liability for damages (except for gross negligence or intentional misconduct) in any action brought in a Federal or State court arising out of the carrier's performance in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to the carrier's plan.

To establish a program, coordinated by the National Transportation Safety Board, of assistance to families of passengers involved in rail passenger accidents.

SECTION 1. STUDY AND REPORT ON FILING REQUIREMENTS UNDER UNIVERSAL SERVICE FUND PROGRAMS. (a) Definitions.--In this section-- (1) the term ``Administrative Procedure Act'' means subchapter II of chapter 5 of title 5, United States Code; (2) the term ``Commission'' means the Federal Communications Commission; (3) the term ``covered carrier'' means an eligible telecommunications carrier or service provider that receives universal service support under sections 214(e) and 254 of the Communications Act of 1934 (47 U.S.C. 214(e) and 254) for the provision of service under a Universal Service Fund program; and (4) the term ``Universal Service Fund program'' means each program of the Commission set forth under part 54 of title 47, Code of Federal Regulations, or any successor thereto, including-- (A) the Connect America Fund set forth under subpart D of that part; (B) the Lifeline program set forth under subpart E of that part; (C) the E-Rate program set forth under subpart F of that part; (D) the Rural Health Care program set forth under subpart G of that part; (E) the Remote Areas Fund set forth under subpart J of that part; (F) the Connect America Fund Broadband Loop Support program set forth under subpart K of that part; (G) the Mobility Fund set forth under subpart L of that part; and (H) the High Cost Loop Support for Rate-of-Return Carriers program set forth under subpart M of that part. (b) Study and Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Commission, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report, which shall include-- (1) an analysis of the filing requirements for covered carriers participating in a Universal Service Fund program, including any filings required by the Universal Service Administrative Company; (2) an analysis of the financial impact of those filing requirements on covered carriers participating in a Universal Service Fund program; and (3) recommendations, if any, on how to consolidate redundant filing requirements for covered carriers participating in a Universal Service Fund program. (c) Rulemaking.-- (1) New or ongoing rulemaking.--Except as provided in paragraph (3), not later than 60 days after the date on which the report is submitted under subsection (b), the Commission shall-- (A)(i) initiate a rulemaking to consolidate redundant filing requirements for covered carriers participating in a Universal Service Fund program; and (ii) incorporate into the rulemaking under clause (i), and as part of that rulemaking seek comment on, the recommendations described in subsection (b)(3), if any, except to the extent that doing so would violate the requirements of the Administrative Procedure Act; or (B) incorporate into an ongoing rulemaking relating to consolidating redundant filing requirements of the Commission, and as part of that rulemaking seek comment on, the recommendations described in subsection (b)(3), if any, except to the extent that doing so would violate the requirements of the Administrative Procedure Act. (2) Waste, fraud, and abuse.--In a rulemaking in which the Commission is required under paragraph (1) to seek comment on the recommendations described in subsection (b)(3), if any, the Commission shall also seek comment on and consider whether the benefit of each recommendation is outweighed by any potential increased risk of waste, fraud, and abuse in the Universal Service Fund program affected by the recommendation. (3) Previous rulemaking.--Paragraph (1) shall not apply if, on or before the date on which the report is submitted under subsection (b), the Commission completes a rulemaking to consolidate redundant filing requirements for covered carriers participating in a Universal Service Fund program. Passed the Senate January 10, 2018. Attest: JULIE E. ADAMS, Secretary.

(Sec. 1) This bill requires the Government Accountability Office (GAO) to report to the Federal Communications Commission (FCC) and Congress on the filing requirements for telecommunications carriers or service providers that receive Universal Service Fund support under the Communications Act of 1934 to provide service to qualifying low-income consumers, rural or high-cost areas, rural health care providers, schools, or libraries under the Connect America Fund, Lifeline, E-Rate, Rural Health Care, Remote Areas Fund, Connect America Fund Broadband Loop Support, Mobility Fund, and High Cost Loop Support for Rate-of-Return Carriers programs. The report must analyze the financial impact of those filing requirements and provide any recommendations on how to consolidate redundant filing requirements. After receiving the GAO's report, the FCC must initiate a rulemaking to consolidate redundant filing requirements and incorporate any GAO recommendations that would not violate the Administrative Procedure Act into such rulemaking or any ongoing rulemakings.

A bill to require the Comptroller General of the United States to conduct a study and submit a report on filing requirements under the Universal Service Fund programs.

SECTION 1. DISCLOSURE OF PAID COMMUNICATIONS CAMPAIGNS TO INFLUENCE THE GENERAL PUBLIC TO LOBBY CONGRESS. (a) Applicability.--The amendments made by this section shall not apply to any person or entity other than a lobbying firm that is retained on behalf of a client other than that person or entity. No person or entity other than a lobbying firm is required to register or file a report under the amendments made by this section. (b) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended-- (1) in paragraph (7), by adding at the end the following: ``For purposes of a lobbying firm only, the term `lobbying activities' includes paid communications campaigns to influence the general public to lobby Congress.''; (2) in paragraph (9)-- (A) in the first sentence-- (i) by striking ``means a person'' and inserting ``(A) means-- ``(i) a person''; (ii) by moving the remaining text of the sentence 4 ems to the right; and (iii) by striking ``entity.'' and inserting ``entity; and ``(ii) a person or entity that is retained by 1 or more clients (other than that person or entity) to engage in paid communications campaigns to influence the general public to lobby Congress, and receives income of, or spends or agrees to spend, an aggregate of $100,000 or more for such efforts in any quarterly period; and''; and (B) in the last sentence-- (i) by striking ``The term also includes'' and inserting ``(B) includes''; and (ii) by moving the remaining text of the sentence 2 ems to the right; and (3) by adding at the end the following: ``(17) Paid communications campaigns to influence the general public to lobby congress.--The term `paid communications campaigns to influence the general public to lobby Congress' means any efforts by a lobbying firm, on behalf of a client that retains the firm, to influence the general public or segments thereof to contact 1 or more covered legislative or executive branch officials (or Congress generally) to urge such officials (or Congress) to take specific action with respect to a matter described in paragraph (8)(A), except that such term does not include-- ``(A) communications made to the members of the client; or ``(B) direct mail communications to the general public, or segments of the general public, that are made primarily for the purpose of recruiting members to join an organization.''. (c) Registration.--Section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)) is amended by inserting after paragraph (2) the following and redesignating the succeeding paragraph accordingly: ``(3) Filing by certain lobbying firms.--Any person or entity that qualifies as a lobbying firm under section 3(9)(A)(ii) shall register with the Secretary of the Senate and the Clerk of the House of Representatives not later than 45 days after such lobbying firm is first retained by a client to engage in paid communications campaigns to influence the general public to lobby Congress.''. (d) Separate Itemization of Paid Communications Campaigns To Influence the General Public To Lobby Congress.--Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended-- (1) in paragraph (3)-- (A) by striking ``firm, a good'' and inserting ``firm-- ``(A) a good''; (B) by moving the remaining text 2 ems to the right; and (C) by adding at the end the following: ``(B) a separate good faith estimate of the total amount of income relating specifically to paid communications campaigns to influence the general public to lobby Congress, if such income from the client exceeds $50,000 during the quarterly filing period; and''; and (2) by adding at the end the following: ``Subparagraphs (B) and (C) of paragraph (2) shall not apply with respect to reports relating to paid communications campaigns to influence the general public to lobby Congress.''.

Amends the Lobbying Disclosure Act of 1995 (LDA) to revise the definition of "lobbying activities" (for purposes of a lobbying firm only) to include paid communications campaigns to influence the general public to lobby Congress. Redefines "lobbying firm" to include a person or entity retained by one or more clients (other than that person or entity) to engage in paid communications campaigns to influence the general public to lobby Congress, and receives income of, or spends or agrees to spend, an aggregate of $100,000 or more for such efforts in any quarterly period. Defines "paid communications campaigns to influence the general public to lobby Congress" as efforts by a lobbying firm, on behalf of a client, to influence the general public or its segments to contact one or more covered legislative or executive branch officials (or Congress generally) to urge them to take specific action regarding a specific matter. Excludes from the meaning of such communications: (1) any made to the members of the client; or (2) direct mail communications to the general public or its segments made primarily to recruit members to join an organization. Sets forth LDA registration and reporting requirements of such lobbying firms.

To amend the Lobbying Disclosure Act of 1995 to provide for additional reporting by lobbying firms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Investment Transparency and Security Act of 2006''. SEC. 2. LIMITS ON FOREIGN CONTROL OF INVESTMENTS IN CERTAIN UNITED STATES CRITICAL INFRASTRUCTURE. (a) In General.--Title II of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the following: ``Subtitle E--Limits on Foreign Control of Investments in Certain United States Critical Infrastructure ``SEC. 241. DEFINITIONS. ``As used in this subtitle-- ``(1) the term `foreign government controlled entity' means any entity in which a foreign government owns a majority interest, or otherwise controls or manages the entity; and ``(2) the term `general business corporation' means any entity that qualifies for treatment for Federal taxation purposes under subchapter C or subchapter S of the Internal Revenue Code of 1986, established or organized under the laws of any State. ``SEC. 242. LIMITATION ON FOREIGN INVESTMENTS. ``(a) In General.--A foreign government controlled entity may acquire, own, or otherwise control or manage any critical infrastructure of the United States only through the establishment or operation of a foreign owned general business corporation that meets the requirements of subsection (b). ``(b) Requirements.--For purposes of this section, a general business corporation shall-- ``(1) have a board of directors, the majority of which is comprised of United States citizens; ``(2) have a chief security officer who is a United States citizen, responsible for safety and security issues related to the critical infrastructure; and ``(3) maintain all records related to operations, personnel, and security of the United States general business corporation in the United States. ``(c) Rule of Construction.--Nothing in this subtitle may be construed to restrict or otherwise alter the authority of the President or the Committee on Foreign Investment in the United States (or any successor thereto) as the designee of the President, under section 721 of the Defense Production Act of 1950. ``SEC. 243. REGULATIONS REQUIRED. ``Not later than 6 months after the date of enactment of this subtitle, the Secretary, in coordination with the Secretary of the Treasury, shall promulgate final regulations to carry out this subtitle. ``SEC. 244. EFFECTIVE DATE. ``(a) In General.--Section 242 shall apply beginning on the date that is 6 months after the date of enactment of this subtitle. ``(b) Existing Entities.--A foreign government controlled entity that owns or otherwise controls or manages any critical infrastructure of the United States on the effective date of this subtitle shall comply with the requirements of this subtitle not later than 180 days after that effective date.''. (b) Conforming Amendment.--The table of contents under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 237 the following: ``Subtitle E--Limits on Foreign Control of Investments in Certain United States Critical Infrastructure ``Sec. 241. Definitions. ``Sec. 242. Limitation on foreign investments. ``Sec. 243. Regulations required. ``Sec. 244. Effective date.''. SEC. 3. MARITIME SECURITY. (a) Findings.--Congress finds that-- (1) existing scanning processes for maritime containers are insufficient; (2) it should be the goal of the United States to scan 100 percent of inbound maritime containers; and (3) the maritime container inspection system employed in Hong Kong shows promise in enhancing the maritime security capabilities of the United States. (b) Amendments to Homeland Security Act.-- (1) In general.--Subtitle A of title IV of the Homeland Security Act (6 U.S.C. 201 et seq.) is amended by adding at the end the following: ``SEC. 404. REPORT ON SCANNING OF MARITIME CONTAINERS. ``(a) Report to Congress.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit a report to Congress detailing the processes and policies for implementation of a scanning system for 100 percent of the inbound maritime containers described in subsection (a). ``(b) Definition of Container.--The term `container' has the meaning given the term in the International Convention for Safe Containers, with annexes, done at Geneva December 2, 1972 (29 UST 3707).''. (2) Conforming amendment.--The table of contents under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 403 the following: ``Sec. 404. Report on scanning of maritime containers.''.

Foreign Investment Transparency and Security Act of 2006 - Amends the Homeland Security Act of 2002 to provide that a foreign government controlled entity may acquire, own, or otherwise control or manage any critical infrastructure of the United States only through the establishment or operation of a foreign owned general business corporation that meets specified requirements. Requires a majority of the board of directors of such a corporation and its chief security officer to be U.S. citizens. Directs the Secretary of Homeland Security to report to Congress on the processes and policies for implementation of a scanning system for 100% of all inbound maritime containers.

A bill to amend the Homeland Security Act of 2002 to limit foreign control of investments in certain United States critical infrastructure.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's High-Growth Business Bipartisan Task Force Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``Task Force'' means the National Women's High-Growth Business Bipartisan Task Force established under section 3; and (3) the term ``small business concern owned and controlled by women'' has the meaning given that term in section 3(n) of the Small Business Act (15 U.S.C. 632(n)). SEC. 3. NATIONAL WOMEN'S HIGH-GROWTH BUSINESS BIPARTISAN TASK FORCE. (a) Establishment.--There is established the National Women's High- Growth Business Bipartisan Task Force, which shall serve as an independent source of advice, research, and policy recommendations to-- (1) the Administrator; (2) the Assistant Administrator of the Office of Women's Business Ownership of the Administration; (3) Congress; (4) the President; and (5) other Federal departments and agencies. (b) Membership.-- (1) Number of members.--The Task Force shall be composed of 15 members, of which-- (A) 8 shall be individuals who own small business concerns owned and controlled by women, including not fewer than 2 individuals who own small business concerns owned and controlled by women in industries in which women are traditionally underrepresented; (B) 2 shall be individuals having expertise conducting research on women's business, women's entrepreneurship, new business development by women, and high-growth business development; and (C) 5 shall be individuals who represent women's business organizations, including women's business centers and women's business advocacy groups. (2) Appointment of members.-- (A) Owners of small business concerns owned and controlled by women.--Of the members of the Task Force described in paragraph (1)(A)-- (i) 2 shall be appointed by the Chairperson of the Committee on Small Business and Entrepreneurship of the Senate; (ii) 2 shall be appointed by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; (iii) 2 shall be appointed by the Chairperson of the Committee on Small Business of the House of Representatives; and (iv) 2 shall be appointed by the Ranking Member of the Committee on Small Business of the House of Representatives. (B) Other members.--The members of the Task Force described in subparagraphs (B) and (C) of paragraph (1) shall be appointed by the Administrator. (C) Initial appointments.--The individuals described in subparagraphs (A) and (B) shall appoint the initial members of the Task Force not later than 90 days after the date of enactment of this Act. (D) Geographic considerations.--In making an appointment under this paragraph, the individuals described in subparagraphs (A) and (B) shall give consideration to the geographic areas of the United States in which the members of the Task Force live and work, particularly to ensure that rural areas are represented on the Task Force. (E) Political affiliation.--Not more than 8 members of the Task Force may be members of the same political party. (3) Chairperson.-- (A) Election of chairperson.--The members of the Task Force shall elect 1 member of the Task Force as Chairperson of the Task Force. (B) Vacancies.--Any vacancy in the position of Chairperson of the Task Force shall be filled by the Task Force at the first meeting of the Task Force after the date on which the vacancy occurs. (4) Term of service.-- (A) In general.--Except as provided in subparagraph (B), the term of service of each member of the Task Force shall be 3 years. (B) Terms of initial appointees.--Of the members of the Task Force first appointed after the date of enactment of this Act-- (i) 6 shall be appointed for a term of 4 years, including-- (I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and (II) 2 members appointed by the Administrator; and (ii) 5 shall be appointed for a term of 5 years, including-- (I) 1 member appointed by the individuals described in each of clauses (i), (ii), (iii), and (iv) of paragraph (2)(A); and (II) 1 member appointed by the Administrator. (5) Vacancies.--A vacancy on the Task Force shall be filled not later than 30 days after the date on which the vacancy occurs, in the manner in which the original appointment was made, and shall be subject to any conditions that applied to the original appointment. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (6) Prohibition on federal employment.-- (A) In general.--Except as provided in subparagraph (B), no member of the Task Force may serve as an officer or employee of the United States. (B) Exception.--A member of the Task Force who accepts a position as an officer or employee of the United States after appointment to the Task Force may continue to serve on the Task Force for not more than 30 days after the date of such acceptance. (7) Compensation and expenses.-- (A) No compensation.--Each member of the Task Force shall serve without compensation. (B) Expenses.--The Administrator shall reimburse the members of the Task Force for travel and subsistence expenses in accordance with section 5703 of title 5, United States Code. (c) Duties.--The Task Force shall-- (1) review and monitor plans and programs developed in the public and private sectors that affect the ability of small business concerns owned and controlled by women to obtain capital and credit and to access markets, and provide advice on improving coordination between such plans and programs; (2) monitor and promote the plans, programs, and operations of the Federal departments and agencies that contribute to the formation and development of small business concerns owned and controlled by women, and make recommendations to Federal departments and agencies concerning the coordination of such plans, programs, and operations; (3) develop and promote initiatives, policies, programs, and plans designed to encourage the formation of startups and high-growth small business concerns owned and controlled by women; (4) advise the Administrator on the development and implementation of an annual comprehensive plan for joint efforts by the public and private sectors to facilitate the formation and development of startups and high-growth small business concerns owned and controlled by women; and (5) examine the link between women who own small business concerns and intellectual property, including-- (A) the number of patents, trademarks, and copyrights granted to women; and (B) the challenges faced by high-growth small business concerns owned and controlled by women in obtaining and enforcing intellectual property rights. (d) Powers.-- (1) Hearings.--The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out its duties. (2) Task groups.--The Task Force may, from time to time, establish temporary task groups, as necessary to carry out the duties of the Task Force. (3) Information from federal agencies.--Upon request of the Chairperson of the Task Force, the head of any Federal department or agency shall furnish such information to the Task Force as the Task Force considers necessary to carry out its duties. (4) Use of mails.--The Task Force may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. (5) Gifts.--The Task Force may accept, use, and dispose of gifts or donations of services or property. (e) Meetings.-- (1) In general.--The Task Force shall meet-- (A) not less than 3 times each year; (B) at the call of the Chairperson; and (C) upon the request of-- (i) the Administrator; (ii) the Chairperson and Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; or (iii) the Chairperson and Ranking Member of the Committee on Small Business of the House of Representatives. (2) Participation of federal agencies.-- (A) Participation encouraged.--The Task Force shall allow and encourage participation in meetings by representatives from Federal agencies. (B) Functions of representatives of federal agencies.--A representative from a Federal agency-- (i) may be used as a resource; and (ii) may not vote or otherwise act as a member of the Task Force. (3) Location.--Each meeting of the full Task Force shall be held at the headquarters of the Administration, unless, not later than 1 month before the meeting, a majority of the members of the Task Force agree to meet at another location. (4) Support by administrator.--The Administrator shall provide suitable meeting facilities and such administrative support as may be necessary for each full meeting of the Task Force. (f) Reports.-- (1) Reports by task force.-- (A) Reports required.--Not later than 30 days after the end of each fiscal year, the Task Force shall submit to the President and to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report containing-- (i) a detailed description of the activities of the Task Force, including a report on how the Task Force has carried out the duties described in subsection (c); (ii) the findings and recommendations of the Task Force; and (iii) the recommendations of the Task Force for-- (I) promoting intellectual property rights for high-growth small business concerns owned and controlled by women; and (II) such legislative and administrative actions as the Task Force considers appropriate to promote the formation and development of small business concerns owned and controlled by women. (B) Form of reports.--The report required under subparagraph (A) shall include-- (i) any concurring or dissenting views of the Administrator; and (ii) the minutes of each meeting of the Task Force. (2) Reports by chief counsel for advocacy.-- (A) Studies.-- (i) In general.--Not less frequently than twice each year, the Chief Counsel for Advocacy of the Small Business Administration, in consultation with the Task Force, shall conduct a study of an issue that is important to small business concerns owned and controlled by women. (ii) Topics.--The topic of a study under clause (i) shall-- (I) be an issue that the Task Force determines is critical to furthering the interests of small business concerns owned and controlled by women; and (II) relate to-- (aa) Federal prime contracts and subcontracts awarded to small business concerns owned and controlled by women; (bb) access to credit and investment capital by women entrepreneurs; (cc) acquiring and enforcing intellectual property rights; or (dd) any other issue relating to small business concerns owned and controlled by women that the Task Force determines is appropriate. (iii) Contracting.--In conducting a study under this subparagraph, the Chief Counsel may contract with a public or private entity. (B) Report.--The Chief Counsel for Advocacy shall-- (i) submit a report containing the results of each study under subparagraph (A) to the Task Force, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives; and (ii) make each report submitted under clause (i) available to the public online. (g) Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. SEC. 4. REPEAL. (a) Final Reports.--Not later than 90 days after the date of enactment of this Act-- (1) the Interagency Committee on Women's Business Enterprise shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in paragraphs (1), (2), and (3) of section 404 of the Women's Business Ownership Act of 1988 (15 U.S.C. 7104), as in effect on the day before the date of enactment of this Act; and (2) the National Women's Business Council shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the information described in subparagraphs (A), (B), and (C) of section 406(d)(6) of the Women's Business Ownership Act of 1988 (15 U.S.C. 7106), as in effect on the day before the date of enactment of this Act. (b) Repeal.--The Women's Business Ownership Act of 1988 (15 U.S.C. 631 note) is amended by striking title IV (15 U.S.C. 7101 et seq.). (c) Technical and Conforming Amendments.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 8(b)(1)(G) (15 U.S.C. 637(b)(1)(G)), by striking ``and to carry out the activities authorized by title IV of the Women's Business Ownership Act of 1988''; and (2) in section 29(g) (15 U.S.C. 656(g))-- (A) in paragraph (1), by striking ``women's business enterprises (as defined in section 408 of the Women's Business Ownership Act of 1988 (15 U.S.C. 631 note))'' and inserting ``small business concerns owned and controlled by women''; and (B) in paragraph (2)(B)(ii)-- (i) in subclause (VI), by adding ``and'' at the end; (ii) in subclause (VII), by striking the semicolon at the end and inserting a period; and (iii) by striking subclauses (VIII), (IX), and (X). (d) Effective Date.--The amendments made by subsections (b) and (c) shall take effect 90 days after the date of enactment of this Act.

National Women's High-Growth Business Bipartisan Task Force Act of 2012 - Establishes the National Women's High-Growth Business Bipartisan Task Force to provide women-owned, start-up and high-growth business advice, research, and policy recommendations to the Administrator of the Small Business Administration (SBA), the Assistant Administrator of the SBA's Office of Women's Business Ownership, Congress, the President, and other federal departments and agencies. Directs the Task Force, among other things, to review, monitor, and advise on plans and programs developed in the public and private sectors that affect the ability of small businesses owned and controlled by women to obtain capital and credit and to access markets. Requires the Task Force to report annually to the President and the congressional small business committees on the activities of the Task Force. Directs the SBA's Chief Counsel to: (1) semiannually conduct a study of an issue of importance to small businesses owned and controlled by women, and (2) submit each study's results to the Task Force and the small business committees. Amends the Women's Business Ownership Act of 1988 to repeal provisions establishing the Interagency Committee on Women's Business Enterprise.

A bill to establish the National Women's High-Growth Business Bipartisan Task Force, and for other purposes.

SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS. (a) In General.--(1) Subchapter III of chapter 72 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 7287. Legal assistance for certain veterans in Court proceedings; use of funds for assistance ``(a)(1) The Court may, in accordance with this section, provide funds (in advance or by way of reimbursement) to nonprofit organizations, under such terms and conditions consistent with this section as the Court considers appropriate, in order to permit such organizations to provide financial assistance by grant or contract to such legal assistance entities as the organizations consider appropriate for purposes of permitting such entities to carry out programs described in subsection (b). ``(2) Notwithstanding any other provision of law, if the Court determines that there exists no nonprofit organization that would be an appropriate recipient of funds under this section for the purposes referred to in paragraph (1) and that it is consistent with the mission of the Court, the Court may provide financial assistance, by grant or contract, directly to such legal assistance entities as the Court considers appropriate for purposes of permitting such entities to carry out programs described in subsection (b). ``(b)(1) A program referred to in subsection (a) is any program under which a legal assistance entity utilizes financial assistance under this section to provide assistance or carry out activities (including assistance, services, or activities referred to in paragraph (3)) in order to ensure that individuals described in paragraph (2) receive, without charge, legal assistance in connection with decisions to which section 7252(a) of this title may apply or with other proceedings before the Court. ``(2) An individual referred to in paragraph (1) is any veteran or other person who-- ``(A) is or seeks to be a party to an action before the Court; and ``(B) cannot, as determined by the Court or the entity concerned, afford the costs of legal advice and representation in connection with that action. ``(3) Assistance, services, and activities under a program described in this subsection may include the following for individuals described in paragraph (2) in connection with proceedings before the Court: ``(A) Financial assistance to defray the expenses of legal advice or representation (other than payment of attorney fees) by attorneys, clinical law programs of law schools, and veterans service organizations. ``(B) Case screening and referral services for purposes of referring cases to pro bono attorneys and such programs and organizations. ``(C) Education and training of attorneys and other legal personnel who may appear before the Court by attorneys and such programs and organizations. ``(D) Encouragement and facilitation of the pro bono representation by attorneys and such programs and organizations. ``(4) A legal assistance entity that receives financial assistance described in subsection (a) to carry out a program under this subsection shall make such contributions (including in-kind contributions) to the program as the nonprofit organization or the Court, as the case may be, shall specify when providing the assistance. ``(5) A legal assistance entity that receives financial assistance under subsection (a) to carry out a program described in this subsection may not require or request the payment of a charge or fee in connection with the program by or on behalf of any individual described in paragraph (2). ``(c)(1) The Court may, out of the funds appropriated to the Court for such purpose, provide funds to a nonprofit organization described in subsection (a)(1), in advance or by way of reimbursement, to cover some or all of the administrative costs of the organization in providing financial assistance to legal assistance entities carrying out programs described in subsection (b). ``(2) Funds shall be provided under this subsection pursuant to a written agreement entered into by the Court and the nonprofit organization receiving the funds. ``(d) Notwithstanding any other provision of law, a nonprofit organization may-- ``(1) accept funds, in advance or by way of reimbursement, from the Court under subsection (a)(1) in order to provide the financial assistance referred to in that subsection; ``(2) provide financial assistance by grant or contract to legal assistance entities under this section for purposes of permitting such entities to carry out programs described in subsection (b); ``(3) administer any such grant or contract; and ``(4) accept funds, in advance or by way of reimbursement, from the Court under subsection (c) in order to cover the administrative costs referred to in that subsection. ``(e)(1) Not later than February 1 each year, the Court shall submit to Congress a report on the funds and financial assistance provided under this section during the preceding fiscal year. Based on the data provided the Court by entities receiving such funds and assistance, each report shall-- ``(A) set forth the amount, if any, of funds provided to nonprofit organizations under paragraph (1) of subsection (a) during the fiscal year covered by the report; ``(B) set forth the amount, if any, of financial assistance provided to legal assistance entities pursuant to paragraph (1) of subsection (a) or under paragraph (2) of that subsection during that fiscal year; ``(C) set forth the amount, if any, of funds provided to nonprofit organizations under subsection (c) during that fiscal year; and ``(D) describe the programs carried out under this section during that fiscal year. ``(2) The Court may require that the nonprofit organization and legal assistance entities to which funds or financial assistance are provided under this section provide the Court with such data on the programs carried out under this section as the Court determines necessary to prepare a report under this subsection. ``(g) For the purposes of this section: ``(1) The term `legal assistance entity' means a not-for- profit organization or veterans service organization capable of providing legal assistance to persons with respect to matters before the Court. ``(2) The term `Legal Services Corporation' means the corporation established under section 1003(a) of the Legal Services Corporation Act (42 U.S.C. 2996b(a)). ``(3) The term `nonprofit organization' means the Legal Services Corporation or any other similar not-for-profit organization that is involved with the provision of legal assistance to persons unable to afford such assistance. ``(4) The term `veterans service organization' means an organization referred to in section 5902(a)(1) of this title, including an organization approved by the Secretary under that section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7286 the following new item: ``7287. Legal assistance for financially needy veterans in Court proceedings; use of funds for assistance.''.

Authorizes the United States Court of Veterans Appeals to provide funds to nonprofit organizations to permit such organizations to provide financial assistance to legal assistance entities, which will in turn provide legal advice or representation to veterans before the Court who cannot afford the costs of such advice and representation. Outlines the legal services to be included as part of such advice and representation. Prohibits the legal assistance entity from also charging the individual a fee for such advice or representation. Provides administrative authority for nonprofit organizations to accept funds for the purposes of this Act. Directs the Court to report annually to the Congress on the funds and financial assistance provided under this Act.

A bill to amend title 38, United States Code, to authorize the provision of financial assistance in order to ensure that financially needy veterans receive legal assistance in connection with proceedings before the United States Court of Veterans Appeals.

SECTION 1. AUTHORITY TO ISSUE A RULE RELATING TO ERGONOMICS. (a) Findings.--Congress makes the following findings: (1) The National Academy of Sciences issued a report entitled `Musculoskeletal Disorders and the Workplace--Low Back and Upper Extremities' on January 18, 2001. The report was issued after the Occupational Safety and Health Administration promulgated a final rule relating to ergonomics (published at 65 Fed. Reg. 68261 (2000)). (2) According to the National Academy of Sciences, musculoskeletal disorders of the low back and upper extremities are an important and costly national health problem. An estimated 1,000,000 workers each year lose time from work as a result of work-related musculoskeletal disorders. (3) Conservative estimates of the economic burden imposed by work-related musculoskeletal disorders, as measured by compensation costs, lost wages, and lost productivity, are between $45,000,000,000 and $54,000,000,000 annually. (4) Congress enacted the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) to `assure so far as possible every working man and woman in the Nation safe and healthful working conditions,' and charged the Secretary of Labor with implementing the Act to accomplish this purpose. (5) Promulgation of a standard on workplace ergonomics is needed to address a serious workplace safety and health problem and to protect working men and women from work-related musculoskeletal disorders. Any workplace ergonomics standard should take into account the cost and feasibility of compliance with such requirements and the sound science of the National Academy of Sciences report. (b) Authority to Issue Rule.-- (1) In general.--Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, in accordance with section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), issue a final rule relating to ergonomics. The standard under the final rule shall take effect not later than 90 days after the date on which the rule is promulgated. (2) Requirements for standard.--The standard described in paragraph (1) shall-- (A) address work-related musculoskeletal disorders and workplace ergonomic hazards; (B) not apply to musculoskeletal disorders that are not related to work; (C) set forth in clear terms-- (i) the circumstances under which an employer is required to take action to address ergonomic hazards; (ii) the measures required of an employer under the standard; and (iii) the compliance obligations of an employer under the standard; (D) emphasize the prevention of injuries before they occur; and (E) cover all industries where workers are exposed to workplace ergonomic hazards and there are economically and technologically feasible measures to control these hazards. (3) Basis for standard.--The standard described in paragraph (1) shall be based upon-- (A) the best available evidence, including the complete record of evidence assembled by the Department of Labor on ergonomics in Docket S-777, initiated August 3, 1992; and (B) employer and industry practices that have effectively reduced exposures to ergonomic hazards and the occurrence of work-related musculoskeletal disorders. In promulgating the standard, the Secretary shall consider existing standards on ergonomics or preventing work-related musculoskeletal disorders established by national consensus or recognized private standard setting organizations, States, and other countries. (4) Authorization.--Paragraph (1) shall be considered a specific authorization by Congress in accordance with section 801(b)(2) of title 5, United States Code, with respect to the issuance of a new ergonomic rule. (5) Prohibition.--In issuing a new rule under this subsection, the Secretary of Labor shall ensure that nothing in the rule expands the application of State workers' compensation laws. (6) Standard setting authority.--Nothing in this subsection shall be construed to restrict or alter the authority of the Secretary of Labor under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) to adopt health or safety standards (as defined in section 3(8) (29 U.S.C. 652(8)) of such Act) pursuant to section 6 (29 U.S.C. 655) of such Act. (7) Information and training materials.--The Secretary of Labor shall, prior to the date on which the new rule under this subsection becomes effective, develop information and training materials, and implement an outreach program and other initiatives, to provide compliance assistance to employers and employees concerning the new rule and the requirements under the rule.

Directs the Secretary of Labor, in accordance with specified provisions of the Occupational Safety and Health Act of 1970, to issue a final rule relating to ergonomics.

A bill to provide for the reissuance of a rule relating to ergonomics.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Internship Improvement Act''. SEC. 2. FEDERAL INTERNSHIP PROGRAMS. (a) In General.--Subchapter I of chapter 31 of title 5, United States Code, is amended by inserting after section 3111 the following: ``Sec. 3111a. Federal internship programs ``(a) Internship Coordinator.--The head of each agency operating an internship program shall appoint an individual within such agency to serve as an internship coordinator. ``(b) Online Information.-- ``(1) Agencies.--The Office of Personnel Management shall make publicly available on the Internet-- ``(A) the name and contact information of the internship coordinator for each agency; and ``(B) information regarding application procedures and deadlines for each internship program. ``(2) Office of personnel management.--The Office of Personnel Management shall make publicly available on the Internet links to the websites where the information described in paragraph (1) is displayed. ``(c) Centralized Database.--The Office shall establish and maintain a centralized electronic database that contains the names, contact information, and relevant skills of individuals who have completed or are nearing completion of an internship program and are currently seeking full-time Federal employment. ``(d) Exit Interview Requirement.--The agency operating an internship program shall conduct an exit interview, and administer a survey (which shall be in conformance with such guidelines or requirements as the Office shall establish to ensure uniformity across agencies), with each intern who completes such program. ``(e) Report.-- ``(1) In general.--The head of each agency operating an internship program shall annually submit to the Office a report assessing such internship program. ``(2) Contents.--Each report required under paragraph (1) for an agency shall include, for the 1-year period ending on September 1 of the year in which the report is submitted-- ``(A) the number of interns who participated in an internship program at such agency; ``(B) information regarding the demographic characteristics of interns at such agency, including educational background; ``(C) a description of the steps taken by such agency to increase the percentage of interns who are offered permanent Federal jobs and the percentage of interns who accept the offers of such jobs, and any barriers encountered; ``(D) a description of activities engaged in by such agency to recruit new interns, including locations and methods; ``(E) a description of the diversity of work roles offered within internship programs at such agency; ``(F) a description of the mentorship portion of such internship programs; and ``(G) a summary of exit interviews conducted and surveys administered by such agency with respect to interns upon their completion of an internship program at such agency. ``(3) Submission.--Each report required under paragraph (1) shall be submitted to the Office between September 1 and September 30 of each year. Not later than December 30 of each year, the Office shall submit to Congress a report summarizing the information submitted to the Office in accordance with paragraph (1) for such year. ``(f) Definitions.--For purposes of this section-- ``(1) the term `internship program' means-- ``(A) a volunteer service program under section 3111(b); ``(B) the Student Educational Employment Program (hereinafter `SCEP'), as established under section 213.3202 of title 5 of the Code of Federal Regulations (as in effect on January 1, 2009); and ``(C) a program operated by a nongovernment organization for the purpose of providing paid internships in agencies pursuant to a written agreement comparable to an SCEP agreement under section 213.3202(b)(12) of title 5 of the Code of Federal Regulations (as in effect on January 1, 2009); ``(2) the term `intern' means an individual participating in an internship program; and ``(3) the term `agency' means an Executive agency.''. (b) Clerical Amendment.--The table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3111 the following: ``3111a. Federal internship programs.''.

Federal Internship Improvement Act - Directs the head of each federal agency operating an internship program to appoint an internship coordinator within the agency. Directs the Office of Personnel Management (OPM) to make publicly available on the Internet: (1) the coordinator's name and contact information and information regarding application procedures and deadlines for the program, and (2) links to the websites where such information is displayed. Requires OPM to establish a centralized electronic database that contains the names, contact information, and relevant skills of individuals who have completed or are nearing completion of an internship program and are currently seeking full-time federal employment. Requires the agency operating an internship program to conduct an exit interview, and administer a survey, with each intern who completes the program.

To improve Federal internships by expanding the conversion rate of Federal interns to full-time employees, establish consistent tracking mechanisms among Executive agencies for internship programs, and accelerate adoption of internship best management practices by Executive agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Rapid Deployment Police and Security Force Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) United States Presidential Decision Directive 71 calls for a stronger United States response to maintaining order in societies recovering from conflict. It aims to improve coordination of United States efforts and to enhance the ability of other countries, the United Nations, and regional organizations to plan, mount, and sustain operations in support of the rule of law. (2) In a press briefing on February 24, 2000, Secretary of State Madeleine Albright stated the following: ``The recent slowness in deploying desperately needed civilian police to Kosovo provides only the latest evidence that present international capabilities are not adequate. And the ongoing deployment of CIVPOL teams to East Timor and Sierra Leone show that the need will not soon diminish. In response, we must recognize that old models of peacekeeping don't always meet current challenges. Peace operations today often require skills that are neither strictly military nor strictly police but, rather, a combination of the two. The international community needs to identify and train units that are able to control crowds, deter vigilante actions, prevent looting and disarm civilian agitators while, at the same time, winning the trust of the communities in which they are deployed.''. (3) In his April 2000 report, ``We the Peoples, The Role of the United Nations in the 21st Century'', United Nations Secretary General Kofi Annan states that only member nations of the United Nations can fix the ``structural weakness of United Nations peace operations . . . Our system for launching operations has sometimes been compared to a volunteer fire department, but that description is too generous. Every time there is a fire, we must first find fire engines and the funds to run them before we can start dousing any flames. The present system relies almost entirely on last minute, ad hoc arrangements that guarantee delay, with respect to the provision of civilian personnel even more so than military. Although we have understandings for military standby arrangements with Member States, the availability of the designated forces is unpredictable and very few are in a state of high readiness. Resource constraints preclude us even from being able to deploy a mission headquarters rapidly.''. (4) The December 1999 United Nations ``Report on the Independent Inquiry into the Actions of the United Nations During the 1994 Genocide in Rwanda'' indicates that in April 1994, the United Nations Security Council failed to deploy 5,500 United Nations peacekeepers to Rwanda within two weeks of the initial violence, thereby allowing the conflict to escalate. The 6-month estimated cost of the deployment would have been $115,000,000. Instead, the genocide consumed 800,000 lives along with $2,000,000,000 in humanitarian aid. (5) In Srebrenica, Bosnia, on July 11, 1995, Bosnian Serb troops forced the retreat of Dutch United Nations peacekeepers who were part of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) from a ``safe haven'', resulting in the massacre of 7,000 Bosnian civilians and expulsion of 40,000 Bosnian civilians. (6) The United Nations peacekeeping budget estimate for the United Nations Mission in Bosnia and Herzegovina from July 1, 1997, to June 30, 1998, was $165,600,000, while the North Atlantic Treaty Organization (NATO)-sponsored intervention in the Serbian province of Kosovo cost $37,000,000 per day. (7) In July 1999, 4,700 civilian police officers were requested to be deployed to the Serbian province of Kosovo but, as of April 17, 2000, the United Nations has deployed only 2,901 of the requested police officers, resulting in the breakdown of law and order and the escalation of unrest in Kosovo. (8) In May 2000, Revolutionary United Front rebels in Sierra Leone, in violation of the ceasefire and peace accords, captured and held prisoner approximately 500 United Nations Mission in Sierra Leone (UNAMSIL) peacekeepers. The weapons, equipment, and vehicles of the peacekeepers were also seized. The UNAMSIL force had been deployed too slowly and was undertrained and understaffed, consisting of only 8,700 peacekeepers of the 11,000 peacekeepers requested by the United Nations Security Council. (9) On February 24, 2000, the United Nations Security Council approved a United States-sponsored proposal to send 5,537 troops on an observer mission to the Democratic Republic of the Congo (to be known as the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)), a Republic \1/3\ the size of the United States, to monitor the implementation of the Lusaka accords. However, it will take at least three months to deploy the required forces. On April 25, 2000, South African Foreign Minister Dlamini-Zuma urged rapid deployment of the troops and stated ``[i]f deployment is very slow [the accords] can fall apart . . . The troops should have been deployed a long time ago.''. (10) The United States has the power in the United Nations Security Council to veto decisions that are not within the national interests of the United States. SEC. 4. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY FORCE. (a) Establishment.--The President shall direct the United States representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations-- (1) to establish a United Nations Rapid Deployment Police and Security Force that is rapidly deployable, under the authority of the United Nations Security Council, and trained to standardized objectives; (2) to recruit personnel to serve in this Force; and (3) to provide equitable and reliable funding for the United Nations Rapid Deployment Police and Security Force. (b) Mission Statement.--The United Nations Rapid Deployment Police and Security Force should have a mission statement that provides for the following: (1) The United Nations Rapid Deployment Police and Security Force will engage in operations when-- (A) the United Nations Security Council determines that an imminent threat to the peace requires a preventive deployment of forces and the Security Council deems it as an appropriate response; (B) the United Nations Security Council determines ongoing gross violations of human rights or breaches of the peace require rapid intervention by the international community and the Security Council deems it as an appropriate response; (C) peace has been restored to a region but the rule of law has not yet been reestablished and when national civilian police or United Nations member nations personnel are not available and the Security Council deems it as an appropriate response; or (D) the United Nations Rapid Deployment Police and Security Force can utilize its personnel to help train the military and civilian police of member nations of the United Nations to better participate in international peace operations. (2) The United Nations Rapid Deployment Police and Security Force will consist of not more than 6000 personnel who are-- (A) placed under the authority of the United Nations Security Council; (B) under the direction of the Secretary General of the United Nations; (C) deployed only by United Nations Security Council resolution; (D) volunteers from United Nations member nations employed directly by the United Nations; (E) trained as a single unit, appropriately equipped, expressly for international peace operations including civilian policing; and (F) rapidly deployable. (3) The United Nations Rapid Deployment Police and Security Force will be organized as a sub-department within the United Nations Department of Peacekeeping Operations or under the control of the United Nations's Military Staff Committee and will contain personnel trained as military staff officers and civilian police officers to be deployed immediately to a potential conflict area. (4) The deployment of the United Nations Rapid Deployment Police and Security Force will be limited to a maximum of 6 months, at which time the Police and Security Force would be replaced by personnel supplied by United Nations member nations. (5) The basing and infrastructure service of the United Nations Rapid Deployment Police and Security Force will be leased from existing member nations' institutions. SEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY FORCE. Not later than 1 year after the date of enactment of this Act, the President shall prepare and transmit to the Congress a report on the progress of negotiations with the United Nations and its member nations regarding the creation of a United Nations Rapid Deployment Police and Security Force described in section 3. SEC. 6. DEFINITIONS. In this Act: (1) The term ``international peace operations'' means-- (A) any such operation carried out under chapter VI or chapter VII of the Charter of the United Nations; and (B) any such United Nations operation that includes civilian policing. (2) The term ``rapidly deployable'' refers to the capacity to deploy military or civilian personnel to a region undergoing conflict within 15 days of the enactment of a United Nations Security Council resolution authorizing a deployment.

Declares that the Force should have a mission statement that: (1) specifies when it will engage in operations, including when the Security Council determines that an imminent threat to the peace requires a preventive deployment or that ongoing gross violations of human rights or breaches of the peace require rapid intervention; (2) provides that the Force will consist of not more than 6,000 volunteers from UN member nations who will be deployed only by Security Council resolution; (3) provides that the Force will be organized as a sub-department within the UN Department of Peacekeeping Operations or under the control of the UN's Military Staff Committee; (4) limits Force deployment to a maximum of six months; and (5) requires its basing and infrastructure service to be leased from existing member nations' institutions.

United Nations Rapid Deployment Police and Security Force Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010''. SEC. 2. CALCULATION OF ELIGIBILITY. Section 473(b) of the Higher Education Act of 1965 (20 U.S.C. 1087mm(b)) is amended-- (1) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by inserting ``(in the case of a student who meets the requirement of subparagraph (B)(i)), or academic year 2011-2012 (in the case of a student who meets the requirement of subparagraph (B)(ii)),'' after ``academic year 2009-2010''; and (B) by amending subparagraph (B) to read as follows: ``(B) whose parent or guardian was-- ``(i) a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; or ``(ii) actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and''; (2) in paragraph (3)-- (A) by striking ``Notwithstanding'' and inserting the following: ``(A) Armed forces.--Notwithstanding''; (B) by striking ``paragraph (2)'' and inserting ``subparagraphs (A), (B)(i), and (C) of paragraph (2)''; and (C) by adding at the end the following: ``(B) Public safety officers.--Notwithstanding any other provision of law, unless the Secretary establishes an alternate method to adjust the expected family contribution, for each student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of paragraph (2), a financial aid administrator shall-- ``(i) verify with the student that the student is eligible for the adjustment; ``(ii) adjust the expected family contribution in accordance with this subsection; and ``(iii) notify the Secretary of the adjustment and the student's eligibility for the adjustment.''; and (3) by adding at the end the following: ``(4) Treatment of pell amount.--Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1), in the case of a student who receives an increased Federal Pell Grant amount under this section, the total amount of such Federal Pell Grant, including the increase under this subsection, shall not be considered in calculating that student's educational assistance benefits under the Public Safety Officers' Benefits program under subpart 2 of part L of title I of such Act. ``(5) Definitions.--For purposes of this subsection: ``(A) Firefighter.--The term `firefighter' means an individual who is trained in the suppression of fire or hazardous materials response and has the legal authority to engage in these duties. ``(B) Law enforcement officer.--The term `law enforcement officer' means an individual who-- ``(i) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law; and ``(ii) has statutory powers of arrest or apprehension. ``(C) Member of a rescue squad or ambulance crew.-- The term `member of a rescue squad or ambulance crew' means an individual who is an officially recognized or designated public employee member of a rescue squad or ambulance crew. ``(D) Federal or public agency.--The term `Federal or public agency' means-- ``(i) the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Freely Associated States, or any territory or possession of the United States; ``(ii) any unit of local government, department, agency, or instrumentality of any of the entities described in clause (i); or ``(iii) the Amtrak Police department or Federal Reserve Police department. ``(E) Public safety officer.--The term `public safety officer' means an individual serving a Federal or public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a member of a rescue squad or ambulance crew.''. SEC. 3. CALCULATION OF PELL GRANT AMOUNT. Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``The Amount'' and inserting ``Subject to subparagraph (C), the amount''; and (2) by adding at the end the following new subparagraph: ``(C) In the case of a student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of section 473(b)(2)-- ``(i) clause (ii) of subparagraph (A) of this paragraph shall be applied by substituting `from the amounts appropriated in the last enacted appropriation Act applicable to that award year, an amount equal to the amount of the increase calculated under paragraph (8)(B) for that year' for `the amount of the increase calculated under paragraph (8)(B) for that year'; and ``(ii) such student-- ``(I) shall be provided an amount under clause (i) of this subparagraph only to the extent that funds are specifically provided in advance in an appropriation Act to such students for that award year; and ``(II) shall not be eligible for the amounts made available pursuant to clauses (i) through (iii) of paragraph (8)(A).''. SEC. 4. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on July 1, 2011.

Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2010 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to eliminate the expected family contribution used in determining a student's need for title IV assistance in the case of a student applicant who is eligible for a Pell Grant and whose parent or guardian died as a result of performing service as a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew. Requires such student to be less than 24 years old and enrolled at an institution of higher education at the time of his or her parent's or guardian's death. Gives financial aid administrators the responsibility of verifying that such students are eligible to have their expected family contribution adjusted (or eliminated), and of adjusting (or eliminating) it, unless the Secretary of Education establishes an alternate method of adjusting their expected family contribution. Prohibits the total Pell Grant of a student whose Pell Grant is increased by reason of this Act from being considered in calculating that student's educational assistance benefits under the Public Safety Officer's Benefits program. Alters the source of the annual Pell Grant increase for such students to require that it be provided only to the extent that funds are specifically provided in advance to such students in an appropriation Act for that award year.

A bill to increase Federal Pell Grants for the children of fallen public safety officers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Trafficking of Pills Act'' or the ``STOP Act''. SEC. 2. MEDICAID RESTRICTED RECIPIENT PROGRAM. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended-- (1) in section 1902(a)-- (A) by striking ``and'' at the end of paragraph (82); (B) by striking the period at the end of paragraph (83) and inserting ``; and''; and (C) by inserting after paragraph (83) the following new paragraph: ``(84) in accordance with section 1908B, provide for the development and implementation of a restricted recipient program for individuals identified as high-risk prescription drug users.''; and (2) by inserting after section 1908A the following new section: ``restricted recipient program for high-risk prescription drug users ``Sec. 1908B (a) Identification of High-Risk Prescription Drug Users.-- ``(1) In general.--Subject to paragraph (2), the State shall establish and implement a program, subject to approval by the Secretary, to-- ``(A) identify any prescription drug that-- ``(i) may be dispensed on the prescription of a physician to an individual eligible to receive medical assistance under the State Medicaid program; and ``(ii) presents a high risk of misuse or overutilization, as determined by the State; ``(B) establish a dosage level for each prescription drug identified under subparagraph (A) that would be deemed excessive in the absence of evidence of medical necessity; ``(C) using a percentile-based method or other such form of statistical analysis, identify individuals (referred to in this section as `individuals identified as high-risk prescription drug users') who are eligible for medical assistance under the State Medicaid program and-- ``(i) are receiving a prescription drug that has been identified under subparagraph (A) at a dosage level that has been determined to be excessive pursuant to subparagraph (B); or ``(ii) are determined by the State, pursuant to the procedure established under paragraph (3), to have been convicted of a drug-related offense; and ``(D) ensure that individuals identified as high- risk prescription drug users pursuant to subparagraph (C) are assigned to the restricted recipient program described in subsection (b). ``(2) Case review.--For purposes of paragraph (1), the State shall establish and implement procedures to ensure that an individual who has been identified as a high-risk prescription drug user and is subject to the requirements under the restricted recipient program-- ``(A) is provided with reasonable notice regarding their assignment to the program and a description of the requirements under such program; ``(B) is permitted to file an appeal with the State agency and receive a hearing thereon to review whether the individual has been properly identified as a high- risk prescription drug user; ``(C) for purposes of subsection (b)(1), is permitted to file a claim with the State agency in order to seek reassignment to a different physician or pharmacist; and ``(D) has reasonable access to any prescription drug that is medically necessary and required to be dispensed on an emergency basis. ``(3) Drug-related offenses.--For purposes of paragraph (1)(C)(ii), the State shall establish and implement procedures to determine whether an individual, at the time of enrollment or re-enrollment in the State Medicaid program, has been convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the unlawful possession, manufacture, distribution, or dispensing of a prescription drug (including opioids and similar pain-management prescription drugs). ``(b) Restricted Recipient Program.-- ``(1) Medicaid lock-in program.-- ``(A) In general.--Subject to subparagraph (B), the State shall establish and implement a program (referred to in this section as the `Medicaid Lock-in Program') to ensure that any individual identified as a high-risk prescription drug user is-- ``(i) assigned to a single and exclusive physician (as defined in section 1861(r)) for purposes of receiving any medical assistance that is related to a prescription drug; and ``(ii) assigned to a single and exclusive pharmacy for purposes of receiving any prescription drug that has been prescribed by a physician described in clause (i). ``(2) Medicaid prescription drug restriction program.-- ``(A) In general.--Subject to subparagraph (B), the State, in conjunction with the Secretary, shall establish and implement a program to ensure that the claims processing system for the State does not permit a prescription drug to be dispensed by a provider to an individual identified as a high-risk prescription drug user if the same prescription drug has been dispensed to such individual within the previous 20 days. ``(B) Exceptions.-- ``(i) Increased dosage.--For purposes of subparagraph (A), the restrictions described in such subparagraph shall not apply to an individual identified as a high-risk prescription drug user-- ``(I) if the current prescription is for an increased dosage of the prescription drug and has been issued by the same physician that issued the previous prescription; or ``(II) in such other circumstances as determined by the Secretary. ``(ii) Procedural development.--The State, in conjunction with the Secretary, shall develop adequate procedures to ensure that prescriptions described in clause (i) are not affected by the restrictions described in subparagraph (A) and are permitted to be dispensed by a provider to an individual identified as a high-risk prescription drug user. ``(c) Existing State Programs.-- ``(1) In general.--Subject to paragraphs (2) and (3), as well as any procedures as are determined appropriate by the Secretary, a restricted recipient program that has been established by a State prior to the date of enactment of the Stop Trafficking of Pills Act may be reviewed and certified by the Secretary as being in accordance with the requirements under this section for purposes of section 1902(a)(84). ``(2) Program improvement.--For purposes of paragraph (1), if the Secretary does not certify an existing State restricted recipient program as being in accordance with the requirements under this section, the Secretary shall identify any necessary enhancements or additional developments that are required in order for such program to be deemed in accordance with such requirements. ``(3) Drug-related offenses.--For purposes of paragraph (1), an existing State restricted recipient program shall be required to include procedures described in subsection (a)(3) for the identification and inclusion of individuals convicted of a drug-related offense. ``(d) Administrative Expenses.--Subject to such requirements as are determined appropriate by the Secretary, for purposes of section 1903(a)(7), any amounts expended by the State to develop and implement a restricted recipient program for individuals identified as high-risk prescription drug users under this section, including any necessary enhancements or additional developments identified under subsection (c)(2), shall be considered amounts expended as necessary for the proper and efficient administration of the State Medicaid plan. ``(e) Definitions.--For purposes of this section: ``(1) State medicaid program.--The term `State Medicaid program' means the State program for medical assistance provided under a State plan under this title, including any waiver approved with respect to such State plan. ``(2) Prescription drug.--The term `prescription drug' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).''. (b) Withholding of Payment.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (1) in paragraph (25), by striking ``or'' at the end; (2) in paragraph (26), by striking the period and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(27) with respect to amounts expended for medical assistance for any prescription drug dispensed to an individual identified as a high-risk prescription drug user (as described in section 1908B(a)(1)(C)), unless the requirements under section 1908B are met.''. SEC. 3. MEDICARE RESTRICTED RECIPIENT PROGRAM. Part D of title XVIII of the Social Security Act (U.S.C. 1395w-101 et seq.) is amended by adding at the end the following new section: ``restricted recipient program for high-risk prescription drug users ``Sec. 1860D-44 (a) Identification of High-Risk Prescription Drug Users.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall establish and implement a program to-- ``(A) identify any prescription drug that-- ``(i) may be dispensed on the prescription of a physician to an individual enrolled in a prescription drug plan under this part; and ``(ii) presents a high risk of misuse or overutilization, as determined by the Secretary; ``(B) establish a dosage level for each prescription drug identified under subparagraph (A) that would be deemed excessive in the absence of evidence of medical necessity; ``(C) using a percentile-based method or other such form of statistical analysis, identify individuals (referred to in this section as `individuals identified as high-risk prescription drug users') who are enrolled in a prescription drug plan under this part; and ``(i) are receiving a prescription drug that has been identified under subparagraph (A) at a dosage level that has been determined to be excessive pursuant to subparagraph (B); or ``(ii) are determined by the Secretary, pursuant to the procedure established under paragraph (3), to have been convicted of a drug-related offense; and ``(D) ensure that individuals identified as high- risk prescription drug users pursuant to subparagraph (C) are assigned to the restricted recipient program described in subsection (b). ``(2) Case review.--For purposes of paragraph (1), the Secretary shall establish and implement procedures to ensure that an individual who has been identified as a high-risk prescription drug user and is subject to the requirements under the restricted recipient program-- ``(A) is provided with reasonable notice regarding their assignment to the program and a description of the requirements under such program; ``(B) is permitted to file an appeal and receive a hearing thereon to review whether the individual has been properly identified as a high-risk prescription drug user; and ``(C) has reasonable access to any prescription drug that is medically necessary and required to be dispensed on an emergency basis. ``(3) Drug-related offense.--For purposes of paragraph (1)(C)(ii), the Secretary shall establish and implement procedures to determine whether an individual, at the time of enrollment or re-enrollment in a prescription drug plan under this part, has been convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the unlawful possession, manufacture, distribution, or dispensing of a prescription drug (including opioids and similar prescription pain-management drugs). ``(b) Prescription Drug Restriction Program.--The Secretary shall establish policies and procedures to ensure that the provisions described in section 1908B(b)(3) are applied to any individual identified, pursuant to subsection (a)(1), as a high-risk prescription drug user in a similar manner as such provisions are applied to such individuals for purposes of title XIX.''. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this section shall take effect 120 days after the date of enactment of this Act. (b) Extension of Effective Date for State Law Amendment.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of the amendments made by this section solely on the basis of its failure to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.

Stop Trafficking of Pills Act or STOP Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require state Medicaid plans to: (1) identify prescription drugs that present a high-risk of misuse or overutilization, (2) establish a dosage level for each such drug that would be deemed excessive in the absence of evidence of medical necessity, (3) identify Medicaid-eligible individuals who are either receiving a prescription drug at excessive dosage levels or who have been convicted of a drug-related offense, and (4) ensure that they are assigned to a state-established restricted recipient program. Requires a state to establish a Medicaid Lock-in Program to ensure that a high-risk prescription drug user is assigned to: (1) a single and exclusive physician for purposes of receiving any medical assistance related to a prescription drug, and (2) a single and exclusive pharmacy to receive any physician-prescribed drug. Requires a state to establish a Medicaid prescription drug restriction program to ensure that the state claims processing system does not permit a prescription drug to be dispensed to a high-risk prescription drug user more than once every 20 days. Amends part D (Miscellaneous) of SSA title XXVIII (Medicare) to direct the Secretary of Health and Human Services (HHS) to establish a similar restricted recipient program for high-risk prescription drug users under the Medicare program.

A bill to prevent misuse, overutilization, and trafficking of prescription drugs by limiting access to such drugs for Medicare and Medicaid beneficiaries who have been identified as high-risk prescription drug users.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Puerto Rico Economic Activity Credit Improvement Act of 1999''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. MODIFICATIONS OF PUERTO RICO ECONOMIC ACTIVITY CREDIT. (a) Corporations Eligible To Claim Credit.--Section 30A(a)(2) (defining qualified domestic corporation) is amended to read as follows: ``(2) Qualified domestic corporation.--For purposes of paragraph (1)-- ``(A) In general.--A domestic corporation shall be treated as a qualified domestic corporation for a taxable year if it is actively conducting within Puerto Rico during the taxable year-- ``(i) a line of business with respect to which the domestic corporation is an existing credit claimant under section 936(j)(9), or ``(ii) an eligible line of business not described in clause (i). ``(B) Limitation to lines of business.--A domestic corporation shall be treated as a qualified domestic corporation under subparagraph (A) only with respect to the lines of business described in subparagraph (A) which it is actively conducting in Puerto Rico during the taxable year. ``(C) Exception for corporations electing reduced credit.--A domestic corporation shall not be treated as a qualified domestic corporation if such corporation (or any predecessor) had an election in effect under section 936(a)(4)(B)(iii) for any taxable year beginning after December 31, 1996.'' (b) Application on Separate Line of Business Basis; Eligible Line of Business.--Section 30A is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Application on Line of Business Basis; Eligible Lines of Business.--For purposes of this section-- ``(1) Application to separate line of business.-- ``(A) In general.--In determining the amount of the credit under subsection (a), this section shall be applied separately with respect to each substantial line of business of the qualified domestic corporation. ``(B) Exceptions for existing credit claimant.-- This paragraph shall not apply to a substantial line of business with respect to which the qualified domestic corporation is an existing credit claimant under section 936(j)(9). ``(C) Allocation.--The Secretary shall prescribe rules necessary to carry out the purposes of this paragraph, including rules-- ``(i) for the allocation of items of income, gain, deduction, and loss for purposes of determining taxable income under subsection (a), and ``(ii) for the allocation of wages, fringe benefit expenses, and depreciation allowances for purposes of applying the limitations under subsection (d). ``(2) Eligible line of business.--The term `eligible line of business' means a substantial line of business in any of the following trades or businesses: ``(A) Manufacturing. ``(B) Agriculture. ``(C) Forestry. ``(D) Fishing. ``(3) Substantial line of business.--For purposes of this subsection, the determination of whether a line of business is a substantial line of business shall be determined by reference to 2-digit codes under the North American Industry Classification System (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').'' (c) Repeal of Base Period Cap.-- (1) In general.--Section 30A(a)(1) (relating to allowance of credit) is amended by striking the last sentence. (2) Conforming amendment.--Section 30A(e)(1) is amended by inserting ``but not including subsection (j)(3)(A)(ii) thereof'' after ``thereunder''. (d) Application of Credit.--Section 30A(h) (relating to applicability of section), as redesignated by subsection (b), is amended by striking ``January 1, 2006'' and inserting ``January 1, 2009''. (e) Conforming Amendments.-- (1) Section 30A(b) is amended by striking ``within a possession'' each place it appears and inserting ``within Puerto Rico''. (2) Section 30A(d) is amended by striking ``possession'' each place it appears. (3) Section 30A(f) is amended to read as follows: ``(f) Definitions.--For purposes of this section-- ``(1) Qualified income taxes.--The qualified income taxes for any taxable year allocable to nonsheltered income shall be determined in the same manner as under section 936(i)(3). ``(2) Qualified wages.--The qualified wages for any taxable year shall be determined in the same manner as under section 936(i)(1). ``(3) Other terms.--Any term used in this section which is also used in section 936 shall have the same meaning given such term by section 936.'' (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. COMPARABLE TREATMENT FOR OTHER ECONOMIC ACTIVITY CREDIT. (a) Corporations Eligible To Claim Credit.--Section 936(j)(2)(A) (relating to economic activity credit) is amended to read as follows: ``(A) Economic activity credit.-- ``(i) In general.--In the case of a domestic corporation which, during the taxable year, is actively conducting within a possession other than Puerto Rico-- ``(I) a line of business with respect to which the domestic corporation is an existing credit claimant under paragraph (9), or ``(II) an eligible line of business not described in subclause (I), the credit determined under subsection (a)(1)(A) shall be allowed for taxable years beginning after December 31, 1995, and before January 1, 2002. ``(ii) Limitation to lines of business.-- Clause (i) shall only apply with respect to the lines of business described in clause (i) which the domestic corporation is actively conducting in a possession other than Puerto Rico during the taxable year. ``(iii) Exception for corporations electing reduced credit.--Clause (i) shall not apply to a domestic corporation if such corporation (or any predecessor) had an election in effect under subsection (a)(4)(B)(iii) for any taxable year beginning after December 31, 1996.'' (b) Application on Separate Line of Business Basis; Eligible Line of Business.-- (1) In general.--Section 936(j) is amended by adding at the end the following new paragraph: ``(11) Application on line of business basis; eligible lines of business.--For purposes of this section-- ``(A) Application to separate line of business.-- ``(i) In general.--In determining the amount of the credit under subsection (a)(1)(A) for a corporation to which paragraph (2)(A) applies, this section shall be applied separately with respect to each substantial line of business of the corporation. ``(ii) Exceptions for existing credit claimant.--This paragraph shall not apply to a line of business with respect to which the qualified domestic corporation is an existing credit claimant under paragraph (9). ``(iii) Allocation.--The Secretary shall prescribe rules necessary to carry out the purposes of this subparagraph, including rules-- ``(I) for the allocation of items of income, gain, deduction, and loss for purposes of determining taxable income under subsection (a)(1)(A), and ``(II) for the allocation of wages, fringe benefit expenses, and depreciation allowances for purposes of applying the limitations under subsection (a)(4)(A). ``(B) Eligible line of business.--For purposes of this subsection, the term `eligible line of business' means a substantial line of business in any of the following trades or businesses: ``(i) Manufacturing. ``(ii) Agriculture. ``(iii) Forestry. ``(iv) Fishing.'' (2) New lines of business.--Section 936(j)(9)(B) is amended to read as follows: ``(B) New lines of business.--A corporation shall not be treated as an existing credit claimant with respect to any substantial new line of business which is added after October 13, 1995, unless such addition is pursuant to an acquisition described in subparagraph (A)(ii).'' (3) Separate lines of business.--Section 936(j), as amended by paragraph (1), is amended by adding at the end the following new paragraph: ``(12) Substantial line of business.--For purposes of this subsection (other than paragraph (9)(B) thereof), the determination of whether a line of business is a substantial line of business shall be determined by reference to 2-digit codes under the North American Industry Classification System (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').'' (c) Repeal of Base Period Cap for Economic Activity Credit.-- (1) In general.--Section 936(j)(3) is amended to read as follows: ``(3) Additional restricted reduced credit.-- ``(A) In general.--In the case of an existing credit claimant to which paragraph (2)(B) applies, the credit determined under subsection (a)(1)(A) shall be allowed for any taxable year beginning after December 31, 1998, and before January 1, 2006, except that the aggregate amount of taxable income taken into account under subsection (a)(1)(A) for such taxable year shall not exceed the adjusted base period income of such claimant. ``(B) Coordination with subsection (a)(4)(B).--The amount of income described in subsection (a)(1)(A) which is taken into account in applying subsection (a)(4)(B) shall be such income as reduced under this paragraph.'' (2) Conforming amendments.-- (A) Section 936(j)(2)(A), as amended by subsection (a), is amended by striking ``2002'' and inserting ``2006''. (B) Section 30A(e)(1), as amended by section 2(c)(2), is amended by striking ``subsection (j)(3)(A)(ii)'' and inserting ``the exception under subsection (j)(3)(A)''. (d) Application of Credit.-- (1) In general.--Section 936(j)(2)(A), as amended by this section, is amended by striking ``January 1, 2006'' and inserting ``January 1, 2009''. (2) Special rules for applicable possessions.--Section 936(j)(8)(A) is amended to read as follows: ``(A) In general.--In the case of an applicable possession-- ``(i) this section (other than the preceding paragraphs of this subsection) shall not apply for taxable years beginning after December 31, 1995, and before January 1, 2006, with respect to any substantial line of business actively conducted in such possession by a domestic corporation which is an existing credit claimant with respect to such line of business, and ``(ii) this section (including this subsection) shall apply-- ``(I) with respect to any substantial line of business not described in clause (i) for taxable years beginning after December 31, 1998, and before January 1, 2009, and ``(II) with respect to any substantial line of business described in clause (i) for taxable years beginning after December 31, 2006, and before January 1, 2009.'' (e) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) New lines of business.--The amendment made by subsection (b)(2) shall apply to taxable years beginning after December 31, 1995.

Puerto Rico Economic Activity Credit Improvement Act of 1999 - Amends the Internal Revenue Code to modify the requirements for corporations to be eligible for the Puerto Rico economic activity credit. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Removes provisions limiting, in taxable years beginning after 2001, the aggregate taxable income taken into account in determining the amount of the credit. Amends provisions relating to the Puerto Rico and possession tax credit to modify, with respect to possessions other than Puerto Rico, corporate eligibility requirements. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Modifies additional restricted credit requirements. Sets forth credit rules applicable to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Puerto Rico Economic Activity Credit Improvement Act of 1999

SECTION 1. SMALL BUSINESS EXPENSING PROVISIONS MADE PERMANENT. (a) Increase in Small Business Expensing Made Permanent.-- (1) In general.--Subsection (b) of section 179 of the Internal Revenue Code of 1986 (relating to limitations) is amended-- (A) by striking ``$25,000 ($125,000 in the case of taxable years beginning after 2006 and before 2011)'' in paragraph (1) and inserting ``$500,000'', and (B) by striking ``$200,000 ($500,000 in the case of taxable years beginning after 2006 and before 2011)'' in paragraph (2) and inserting ``$1,000,000''. (2) Conforming amendment.--Section 179(b) of such Code is amended by striking paragraph (7). (b) Expensing for Computer Software Made Permanent.--Clause (ii) of section 179(d)(1)(A) of such Code is amended by striking ``and which is placed in service in a taxable year beginning after 2002 and before 2011,''. (c) Inflation Adjustment.-- (1) So much of subparagraph (A) of section 179(b)(5) of such Code as precedes clause (i) thereof is amended to read as follows: ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, the $500,000 and $1,00,000 amounts in paragraphs (1) and (2) shall each be increased by an amount equal to--''. (2) Section 179(b)(5)(A)(ii) of such Code is amended by striking ``2006'' and inserting ``2008''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 2. DEDUCTION FOR PURCHASE OF DOMESTICALLY MANUFACTURED AUTOMOBILES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DEDUCTION FOR PURCHASE OF DOMESTICALLY MANUFACTURED AUTOMOBILES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the cost of any qualified automobile placed in service by the taxpayer during the taxable year. ``(b) Limitation Per Vehicle.--The amount of the deduction allowed under subsection (a) for any vehicle shall not exceed $10,000. ``(c) Qualified Automobile.--For purposes of this section-- ``(1) In general.--The term `qualified automobile' means any motor vehicle-- ``(A) the final assembly of which is in the United States by a manufacturer, ``(B) the original use of which commences with the taxpayer, and ``(C) which is acquired for use by the taxpayer and not for resale. ``(2) Motor vehicle.--For purposes of paragraph (1), the term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a deduction is allowable under subsection (a) shall be reduced by the amount of such deduction. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any deduction allowable under subsection (a) with respect to any property which ceases to be property eligible for such deduction. ``(3) Property used outside united states, etc., not qualified.--No deduction 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. ``(4) Property used in trade or business.--No deduction shall be allowed under subsection (a) with respect to any property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.). ``(e) Denial of Double Benefit.--No deduction shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2010.''. (b) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 224. Deduction for purchase of domestically manufactured automobiles. ``Sec. 225. Cross reference.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years ending after the date of the enactment of this Act.

Amends the Internal Revenue Code to: (1) increase and make permanent the expensing allowance for depreciable business assets; and (2) allow a tax deduction, up to $10,000, for the purchase of a motor vehicle manufactured in the United States. Terminates such tax deduction after 2010.

To amend the Internal Revenue Code of 1986 to make permanent the deduction for expensing certain depreciable business assets and to allow a deduction for the original purchase of domestically manufactured automobiles.

SECTION 1. SHORT TITLE. That this Act may be cited as the ``Reserve Account for Administrative Savings Act of 1993''. SEC. 2. GOVERNMENT EFFICIENCY RESERVE ACCOUNTS. Subchapter II of chapter 15 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 1520. Special rule for apportioning salaries and expenses within an appropriation ``(a) All appropriations for salaries and expenses shall be apportioned as necessary to carry out this section. ``(b)(1) Except as provided by paragraph (2), in apportioning any appropriation for salaries and expenses for a fiscal year under this section, a reserve shall be established in an amount that is equal to 5 percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. ``(2) The size of each reserve to be established under paragraph (1) for a fiscal year shall (if applicable) be reduced by a dollar amount equal to the amount by which that fiscal year's appropriation for salaries and expenses is less than the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. ``(c) Each appropriation subject to this section shall be apportioned by the appropriate official referred to in section 1513 and within the applicable time parameters set forth in that section. ``(d) The head of each agency that has an appropriation for salaries and expenses for a fiscal year subject to this section shall, within 60 days after the beginning of that fiscal year or within 60 days after the date of enactment of the law by which the appropriation for that fiscal year is made available, whichever occurs later, and after consultation with it chief financial officer and the Deputy Director for Management (or his or her designee) of the Office of Management and Budget, make recommendations to the President of changes in laws or regulations or other changes that should be made to bring about a more efficient and cost-effective operation and thereby reduce salaries and expenditures without jeopardizing any programs that agency administers. ``(e) The President's annual budget submission for a budget year under section 1105(a) shall include a special message which sets forth on an agency-by-agency basis a recommendation for the current fiscal year of whether-- ``(1) for the programs that agency administers to be maintained at a proper administrative level the release of all or part of those funds held in reserve under subsection (b) is necessary; ``(2) those programs can function effectively at reduced levels and the funds held in reserve under subsection (b) should be rescinded and returned to the Treasury; or ``(3) supplemental appropriations for other programs are necessary and can be offset by rescissions of the funds held in reserve under subsection (b). If that special message recommends the option set forth in paragraph (1) for any agency, then the President shall include with that special message a bill that, if enacted, would release specified amounts of funds held in reserve under subsection (b) as set forth in that bill. ``(f) Except to the extent that a law is enacted under section 1521 requiring the release of all or part of the money reserved under subsection (b), on August 1 of the calendar year during which a fiscal year ends, all funds held in any reserve under subsection (b) respecting that fiscal year are hereby rescinded and shall be promptly returned to the general fund of the Treasury. ``Sec. 1521. Fast-track supplemental appropriation of amounts not to exceed aggregate amount rescinded under section 1520 ``(a)(1) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under section 1520(e), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(2) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(3) During consideration under this subsection, any Member of the House of Representatives may move to strike any provision of the bill or offer an amendment to reduce any amount proposed to be released. ``(4) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(5)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. ``(6)(A) A bill transmitted to the Senate pursuant to paragraph (4) shall be referred to its Committee on Appropriations. The committee shall report the bill with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) During consideration under this subsection, any Member of the Senate may move to strike any provision of the bill or offer an amendment to reduce any amount proposed to be released. ``(C) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. If the bill is passed in the Senate without amendment, the Secretary of the Senate shall cause the engrossed bill to be returned to the House of Representatives. ``(7)(A) A motion in the Senate to proceed to the consideration of a bill under this subsection shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this subsection is not debatable. A motion to recommit a bill under this section is not in order. ``(b) Amendments and Divisions.--No amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate except an amendment to strike a provision of the bill or to reduce an amount proposed to be restored by the bill. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(c) Requirement to Make Available for Obligation.--Any amount of budget authority proposed to be restored in a special message transmitted to Congress under section 1520(e) shall be made available for obligation on the day after the date on which the bill proposing to restore such amount of budget authority is enacted into law unless it has been automatically rescinded under that section. ``(d) Definition.--For purposes of this section, the term `legislative day' means, with respect to either House of Congress, any day during which that House is in session.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall only apply to fiscal years 1994, 1995, 1996, 1997, and 1998 and shall have no force or effect after September 30, 1998.

Reserve Account for Administrative Savings Act of 1993 - Amends Federal law to require that appropriated salaries and expenses be apportioned. Requires the establishment of reserve accounts equal to five percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. Provides procedures for such funds to be permanently rescinded, released and spent, or used to offset supplemental appropriations.

Reserve Account for Administrative Savings Act of 1993

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Enhanced Savings Opportunities Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EQUITABLE TREATMENT FOR CONTRIBUTIONS OF EMPLOYEES TO DEFINED CONTRIBUTION PLANS. (a) Equitable Treatment.-- (1) In general.--Subparagraph (B) of section 415(c)(1) (relating to limitation for defined contribution plans) is amended to read as follows: ``(B) the participant's compensation.'' (2) Conforming amendments.-- (A) Subsection (f) of section 72 is amended by striking ``section 403(b)(2)(D)(iii))'' and inserting ``section 403(b)(2)(D)(iii), as in effect on December 31, 1998)''. (B) Section 403(b) is amended-- (i) by striking ``the exclusion allowance for such taxable year'' in paragraph (I) and inserting ``the applicable limit under section 415'', (ii) by striking paragraph (2), and (iii) by inserting ``or any amount received by a former employee after the 5th taxable year following the taxable year in which such employee was terminated'' before the period at the end of the second sentence of paragraph (3). (C) Section 404(a)(10)(B) is amended by striking ``, the exclusion allowance under section 403(b)(2),''. (D) Section 415(a)(2) is amended by striking ``, and the amount of the contribution for such portion shall reduce the exclusion allowance as provided in section 403(b)(2)''. (E) Section 415(c)(3) is amended by adding at the end the following new subparagraph: ``(E) Annuity contracts.--In the case of an annuity contract described in section 403(b), the term `participant's compensation' means the participant's includible compensation determined under section 403(b)(3).'' (F) Section 415(c) is amended by striking paragraph (4). (G) Section 415(c)(7) is amended to read as follows: ``(7) Certain contributions by church plans not treated as exceeding limit.-- ``(A) In general.--Notwithstanding any other provision of this subsection, at the election of a participant who is an employee of a church, a convention or association of churches, including an organization described in section 414(e)(3)(B)(ii), contributions and other additions for an annuity contract or retirement income account described in section 403(b) with respect to such participant, when expressed as an annual addition to such participant's account, shall be treated as not exceeding the limitation of paragraph (1) if such annual addition is not in excess of $10,000. ``(B) $40,000 aggregate limitation.--The total amount of additions with respect to any participant which may be taken into account for purposes of this subparagraph for all years may not exceed $40,000. ``(C) Annual addition.--For purposes of this paragraph, the term `annual addition' has the meaning given such term by paragraph (2).'' (H) Section 415(e)(5) is amended-- (i) by striking ``(except in the case of a participant who has elected under subsection (c)(4)(D) to have the provisions of subsection (c)(4)(C) apply)'', and (ii) by striking the last sentence. (I) Section 415(n)(2)(B) is amended by striking ``percentage''. (J) Subparagraph (B) of section 402(g)(7) is amended by inserting before the period at the end the following: ``(as in effect on the date of the enactment of the Enhanced Savings Opportunity Act)''. (b) Special Rules for Sections 403(b) and 408.--Subsection (k) of section 415 is amended by adding at the end the following new paragraph: ``(4) Special rules for sections 403(b) and 408.--For purposes of this section, any annuity contract described in section 403(b) for the benefit of a participant shall be treated as a defined contribution plan maintained by each employer with respect to which the participant has the control required under subsection (b) or (c) of section 414 (as modified by subsection (h)). For purposes of this section, any contribution by an employer to a simplified employee pension plan for an individual for a taxable year shall be treated as an employer contribution to a defined contribution plan for such individual for such year.'' (c) Deferred Compensation Plans of State and Local Governments and Tax-Exempt Organizations.--Subparagraph (B) of section 457(b)(2) (relating to salary limitation on eligible deferred compensation plans'' is amended by striking ``33\1/3\ percent'' and inserting ``100 percent''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to years beginning after December 31, 1999. (2) Special rules for sections 403(b) and 408.--The amendment made by subsection (b) shall apply to limitation years beginning after December 31, 2000. SEC. 3. ELECTIVE DEFERRALS NOT TAKEN INTO ACCOUNT FOR PURPOSES OF LIMITS. (a) In General.--Section 404 is amended by adding at the end the following new subsection: ``(n) Elective Deferrals Not Taken Into Account for Purposes of Limits.--Elective deferrals (as defined in section 402(g)(3)) shall not be subject to any limitations described in this section (other than subsection (a)), and such elective deferrals shall not be taken into account in applying such limitations to any other contributions.'' (b) Effective Date.--The amendment made by this section shall apply to years beginning after December 31, 1999.

Enhanced Savings Opportunities Act - Amends the Internal Revenue Code to permit maximum employee contributions to a defined contribution plan to be the lesser of either $30,000 or the participant's compensation, rather than the lesser of $30,000 or 25 percent of the participant's compensation. Makes conforming amendments regarding tax-exempt, educational, and State and local employee annuity plans. Excludes elective deferrals from such limits.

Enhanced Savings Opportunities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Development Act of 1994''. SEC. 2. GLOBAL ENVIRONMENT FACILITY. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended by adding at the end the following: ``SEC. 61. CONTRIBUTION TO GLOBAL ENVIRONMENT FACILITY. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Bank may contribute $400,000,000 on behalf of the United States to the Global Environment Facility. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury not more than $400,000,000, without fiscal year limitation.''. SEC. 3. AFRICAN DEVELOPMENT FUND. (a) In General.--The African Development Fund Act (22 U.S.C. 290g- 290g-15) is amended by adding at the end the following: ``SEC. 217. SEVENTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Fund may contribute $315,000,000 to the seventh replenishment of the resources of the Fund. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury not more than $315,000,000, without fiscal year limitation.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the later of-- (1) October 1, 1994; or (2) the date the Secretary of the Treasury notifies the Congress that the negotiations of the seventh replenishment of the resources of the African Development Fund have been concluded successfully. SEC. 4. INTER-AMERICAN DEVELOPMENT BANK AND FUND FOR SPECIAL OPERATIONS. The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is amended by adding at the end the following: ``SEC. 38. CAPITAL INCREASE; INCREASE IN RESOURCES OF FUND FOR SPECIAL OPERATIONS. ``(a) Authority To Vote for Increase in Authorized Capital Stock of Bank and Increase in Resources of Fund for Special Operations.--The United States Governor of the Bank may vote for resolutions which-- ``(1) were transmitted by the Board of Executive Directors to the Governors of the Bank by resolution of __________; ``(2) are pending before the Board of Governors of the Bank; and ``(3) provide for-- ``(A) an increase in the authorized capital stock of the Bank and subscriptions to the Bank; and ``(B) an increase in the resources of the Fund for Special Operations and contributions to the Fund. ``(b) Subscription and Contribution Authority.-- ``(1) In general.--On adoption of the resolutions described in subsection (a), the United States Governor of the Bank may, on behalf of the United States-- ``(A) subscribe to 760,644 shares of the increase in the authorized capital stock of the Bank, 12,738 of which shall be shares of paid-in capital stock and 747,906 of which shall be shares of callable capital stock; and ``(B) contribute $82,304,000 to the Fund for Special Operations. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(c) Limitations on Authorization of Appropriations.-- ``(1) Subscription.--For the subscription authorized by subsection (b)(1)(A), there are authorized to be appropriated to the Secretary of the Treasury, without fiscal year limitation-- ``(A) not more than $76,832,001 for shares of paid- in capital stock of the Bank; and ``(B) not more than $4,511,156,729 for shares of callable capital stock of the Bank. ``(2) Contribution.--For the contribution authorized by subsection (b)(1)(B), there are authorized to be appropriated to the Secretary of the Treasury not more than $82,304,000, without fiscal year limitation. ``(d) Authority To Vote for Certain Resolutions.--The United States Governor of the Bank may vote for a proposed resolution of the Board of Governors entitled `Amendments to the Agreement Establishing the Inter- American Development Bank, the Regulations of the Board of Governors, the General Rules Governing Admission of Nonregional Countries to Membership in the Bank, and the Regulations for the Election of Executive Directors', which was submitted to the Board of Governors pursuant to a resolution of the Board of Executive Directors approved on __________.''. SEC. 5. ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm), as amended by section 2 of this Act, is amended by adding at the end the following: ``SEC. 62. CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. ``(a) Contribution Authority.-- ``(1) In general.--Subject to paragraph (2), the United States Governor of the Fund may make contributions on behalf of the United States in fulfillment of the United States commitment to contribute to the Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the Fund. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(b) Limitation on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury not more than $25,000,000, without fiscal year limitation.''. SEC. 6. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES. Title XV of the International Financial Institutions Act (22 U.S.C. 262o) is amended by adding at the end the following: ``SEC. 1502. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES. ``(a) Consideration of Commitment to Achieving Certain Goals.--The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as defined in section 1701(c)(2)) to promote growth in the international economy by taking into account, when considering whether to support or oppose loan proposals at these institutions, the extent to which the recipient government has demonstrated a commitment to achieving the following goals: ``(1) To provide accurate and complete data on the annual expenditures and receipts of the armed forces. ``(2) To end excessive military involvement in the economy. ``(3) To make substantial reductions in excessive military spending and forces. ``(4) To end corruption involoving members of the armed forces. The Secretary shall submit to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate a report on the steps taken to determine appropriate definitions of the goals set forth in subsection (a). ``(b) Steps to Achieve Goals Required.--The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as so defined) to promote a policy at each institution under which-- ``(1) the staff will include in its supporting documents for each proposed loan a report on military expenditures and an assessment of the steps taken by the recipient government to achieve the goals set forth in subsection (a); ``(2) the governing body will not approve proposed loans where insufficient effort has been made to achieve such goals, except in cases where the proposed loans are specifically designed to meet the basic human needs of the poor; and ``(3) a report on military expenditures and an assessment of the steps taken by the recipient government to achieve the goals set forth in subsection (a) will be included in regular policy consultations with developing countries. ``(c) Conditional Opposition to Loans to Indonesia.--In furtherance of the policy established by subsection (a), the Secretary of the Treasury, in consultation with the Secretary of State, shall, not later than May 1, 1995, submit to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate a report on the performance of the Government of Indonesia in achieving or implementing a credible plan to achieve the goals set forth in subsection (a).''. SEC. 7. RESPECT FOR INDIGENOUS PEOPLES. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5) is amended by redesignating section 1620 as section 1621 and by inserting after section 1619 the following: ``SEC. 1620. RESPECT FOR INDIGENOUS PEOPLES. ``The Secretary of the Treasury shall direct the United States Executive Directors of the international financial institutions (as defined in section 1701(c)(2)) and the United States representative to the council of the Global Environment Facility administered by the International Bank for Reconstruction and Development to use the voice and vote of the United States to bring about the creation and full implementation of policies designed to promote respect for and full protection of the territorial rights, traditional economies, cultural integrity, traditional knowledge, and human rights of indigenous peoples.''. SEC. 8. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE CARRIBEAN. The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is amended by adding at the end the following: ``SEC. 38. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE CARRIBEAN. ``The Secretary of the Treasury shall direct the United States Executive Director of the Bank to use the voice and vote of the United States to support an increased focus on the poorest countries in Latin America and the Carribean, and on poorer areas of better off countries, and to support porgrams conducted by the Multilateral Investment Fund, particularly in targeting low-income countries and populations, working with nongovernmental organizations and training and assisting former combatants from civil conflicts in Latin America.''. SEC. 9. GUARANTEE OF WORKER RIGHTS. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5), as amended by section 7 of this Act, is amended by redesignating section 1621 as section 1622 and by inserting after section 1620 the following: ``SEC. 1621. GUARANTEE OF WORKER RIGHTS. ``The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of this Act) to use the voice and vote of the United States to urge the respective institution to adopt policies to encourage borrowing countries to guarantee internationally recognized worker rights (within the meaning of section 502(a)(4) of the Trade Act of 1974).''.

International Development Act of 1994 - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the World Bank to contribute a specified amount to the Global Environment Facility. Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the seventh replenishment of the Fund. Amends the Inter-American Development Bank Act to authorize the U.S. Governor of the Inter-American Development Bank, upon adoption of resolutions, to subscribe to an increase in the authorized capital stock of the Bank and contribute a specified amount to the Fund for Special Operations. Authorizes the U.S. Governor of the International Monetary Fund (IMF) to contribute to the Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the IMF. Authorizes appropriations. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Directors of certain international financial institutions to take into account, when considering whether to support or oppose loan proposals, the extent to which the recipient government has demonstrated a commitment to achieving the following: (1) providing accurate and complete data on the annual expenditures and receipts of the armed forces; (2) ending excessive military involvement in the economy; (3) making substantial reductions in excessive military spending and forces; and (4) ending corruption involving members of the armed forces. Requires the Secretary to report to specified congressional committees on the Government of Indonesia's performance in achieving such goals. Directs the Secretary to instruct the U.S. Executive Directors to bring about policies to promote respect for, and rights of, indigenous peoples. Requires the Secretary to instruct the U.S. Executive Director of the Inter-American Development Bank to support an increased focus on the poorest countries in Latin America and the Caribbean and to support programs of the Multilateral Investment Fund. Requires the Secretary to direct the U.S. Executive Directors to urge their respective institutions to adopt policies to encourage borrowing countries to guarantee internationally recognized worker rights.

International Development Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green River National Wildlife Refuge Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) the Green River bottoms area, Kentucky, was once part of a large bottomland hardwood forest; (2) most of the bottoms area has been converted to agricultural use through-- (A) draining of wetland; (B) altering of interior drainage systems; and (C) clearing of bottomland hardwood forest; (3) as of the date of enactment of this Act, the bottoms area is predominantly ridge and swale farmland, with river-scar oxbows, several sloughs, wet depression areas, and a small quantity of bottomland hardwood forest; (4) approximately 1,200 acres of bottomland hardwood forest remain, consisting mostly of cypress, willow, hackberry, silver maple, ash, and buttonbush; (5) many of the interior drainage systems on the land offer excellent opportunities to restore, with minor modifications, the historical hydrology, wetland, and bottomland hardwood forest of the bottoms area to high-quality wildlife habitats; (6) in the bottoms area, waterfowl occur in large numbers when sufficient water levels occur, primarily when flood conditions from the Ohio River and the Green River negate the extensive drainages and alterations made by man; (7) the wooded and shrub tracts of the bottoms area are used by many species of nongame neotropical migratory birds; (8) migratory shorebirds use the bottoms area during spring migrations; (9) wading birds such as snipe, great blue heron, green heron, common egret, and great egret frequent the bottoms area; (10) bald eagles and myriad other raptors frequent the bottoms area; (11) several species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) have been found near the bottoms area, including Indiana bat maternity colonies, fanshell, pink mucket pearly mussel, and fat pocketbook; (12) several species of mussel listed as endangered or threatened species under that Act historically occurred near the bottoms area, including purple cat's paw pearly mussel, tubercled-blossom pearly mussel, ring pink, and white wartyback pearly mussel; (13) the copperbelly water snake, covered by the Copperbelly Water Snake Conservation Plan, is found in the wetland complex and buttonbush shrub in the Scuffletown area; (14) significant populations of resident game species, including white-tailed deer, swamp rabbit, cottontail rabbit, gray squirrel, mink, muskrat, beaver, fox, and coyote, occur in the bottoms area; (15) the Ohio River and the Green River are important habitat for big river species such as paddlefish, sturgeon, catfish, carp, buffalo, and gar; (16) conservation, enhancement, and ecological restoration of the bottoms area through inclusion in the National Wildlife Refuge System would help meet the habitat conservation goals of-- (A) the North American Waterfowl Management Plan; (B) the Lower Mississippi Joint Venture; (C) the Interior Low Plateaus Bird Conservation Plan; and (D) the Copperbelly Water Snake Conservation Plan; (17) the valuable complex of wetland habitats comprising the bottoms area, with its many forms of wildlife, has extremely high recreational value for hunters, anglers, birdwatchers, nature photographers, and others; and (18) the Green River bottoms area is deserving of inclusion in the National Wildlife Refuge System. SEC. 3. PURPOSE. The purpose of this Act is to establish the Green River National Wildlife Refuge in the Green River bottoms area, Henderson County, Kentucky, to provide-- (1) habitat for migrating and wintering waterfowl; (2) habitat for nongame land birds; (3) habitats for a natural diversity of fish and wildlife; (4) nesting habitat for wood ducks and other locally nesting migratory waterfowl; (5) high-quality hunting and sportfishing opportunities; and (6) opportunities for environmental education, interpretation, and wildlife-oriented recreation. SEC. 4. DEFINITIONS. In this Act: (1) Refuge.--The term ``Refuge'' means the Green River National Wildlife Refuge established under section 5. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT. (a) Establishment.-- (1) In general.--The Secretary shall establish the Green River National Wildlife Refuge, consisting of approximately 23,000 acres of Federal land, water, and interests in land or water within the boundaries depicted on the map entitled ``Green River National Wildlife Refuge'', dated September 10, 2001. (2) Boundary revisions.--The Secretary shall make such minor revisions of the boundaries of the Refuge as are appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of land, water, and interests in land or water within the Refuge. (3) Availability of map.--The map referred to in paragraph (1) shall be available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Effective Date.--The establishment of the Refuge shall take effect on the date on which the Secretary publishes, in the Federal Register and publications of local circulation in the vicinity of the Refuge, a notice that sufficient property has been acquired by the United States within the Refuge to constitute an area that can be efficiently managed as a national wildlife refuge. SEC. 6. ACQUISITION OF LAND, WATER, AND INTERESTS IN LAND OR WATER. (a) In General.--Subject to the availability of appropriations, the Secretary may obtain by purchase from willing sellers, donation, or exchange up to 23,000 acres of land and water, or interests in land or water, within the boundaries of the Refuge described in section 5(a)(1). (b) Inclusion in Refuge.--Any land, water, or interest acquired by the Secretary under this section shall be part of the Refuge. SEC. 7. ADMINISTRATION. In administering the Refuge, the Secretary shall-- (1) conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Green River (including associated fish, wildlife, and plant species); (2) conserve, enhance, and restore habitat to maintain and assist in the recovery of species of animals and plants that are listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (3) in providing opportunities for compatible fish- and wildlife-oriented recreation, ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge, 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)); and (4) encourage the use of volunteers and facilitate partnerships among the United States Fish and Wildlife Service, local communities, conservation organizations, and other non- Federal entities to promote-- (A) public awareness of the resources of the Refuge and the National Wildlife Refuge System; and (B) public participation in the conservation of those resources. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary for-- (1) the acquisition of land and water within the boundaries of the Refuge; and (2) the development, operation, and maintenance of the Refuge.

Green River National Wildlife Refuge Act of 2002 - Directs the Secretary of the Interior to establish, revise the boundaries of, and acquire land and water for the Green River National Wildlife Refuge in Kentucky.Requires the Secretary, in administering the Refuge, to: (1) conserve, enhance, and restore the native aquatic and terrestrial community characteristics of the Green River; (2) conserve, enhance, and restore habitat to maintain and assist in the recovery of animals and plants that are listed as endangered or threatened species; (3) ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge; and (4) encourage the use of volunteers and facilitate partnerships among the U.S. Fish and Wildlife Service, local communities, conservation organizations, and other non-Federal entities to promote public awareness of the refuge resources and public participation in resource conservation.

A bill to establish the Green River National Wildlife Refuge in the State of Kentucky.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Industry Merger Antitrust Enforcement Act''. SEC. 2. STATEMENT OF FINDINGS AND DECLARATIONS OF PURPOSES. (a) Findings.--Congress finds the following: (1) American consumers are suffering from excessively high prices for gasoline, natural gas, heating oil, and other energy products. (2) These excessively high energy prices have been caused, at least in substantial part, by undue concentration among companies involved in the production, refining, distribution, and retail sale of oil, gasoline, natural gas, heating oil, and other petroleum-related products. (3) There has been a sharp consolidation caused by mergers and acquisitions among oil companies over the last decade, and the antitrust enforcement agencies (the Federal Trade Commission and the Department of Justice Antitrust Division) have failed to employ the antitrust laws to prevent this consolidation, to the detriment of consumers and competition. This consolidation has caused substantial injury to competition and has enabled the remaining oil companies to gain market power over the sale, refining, and distribution of petroleum- related products. (4) The demand for oil, gasoline, and other petroleum-based products is highly inelastic so that oil companies can easily utilize market power to raise prices. (5) Maintaining competitive markets for oil, gasoline, natural gas, and other petroleum-related products is in the highest national interest. (b) Purposes.--The purposes of this Act are to-- (1) ensure vigorous enforcement of the antitrust laws in the oil industry; (2) restore competition to the oil industry and to the production, refining, distribution, and marketing of gasoline and other petroleum-related products; and (3) prevent the accumulation and exercise of market power by oil companies. SEC. 3. BURDEN OF PROOF. Section 7 of the Clayton Act (15 U.S.C. 18) is amended by adding at the end the following: ``In any civil action brought against any person for violating this section in which the plaintiff-- ``(1) alleges that the effect of a merger, acquisition, or other transaction affecting commerce may be to substantially lessen competition, or to tend to create a monopoly, in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, oil, or natural gas, or products derived from petroleum, oil, or natural gas; and ``(2) establishes that a merger, acquisition, or transaction is between or involves persons competing in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, oil, or natural gas, or products derived from petroleum, oil, or natural gas; the burden of proof shall be on the defendant or defendants to establish by a preponderance of the evidence that the merger, acquisition, or transaction at issue will not substantially lessen competition or tend to create a monopoly.''. SEC. 4. ENSURING FULL AND FREE COMPETITION. (a) Review.--The Federal Trade Commission and the Antitrust Division of the Department of Justice shall jointly review and revise all enforcement guidelines and policies, including the Horizontal Merger Guidelines issued April 2, 1992 and revised April 8, 1997, and the Non-Horizontal Merger Guidelines issued June 14, 1984, and modify those guidelines in order to-- (1) specifically address mergers and acquisitions in oil companies and among companies involved in the production, refining, distribution, or marketing of oil, gasoline, natural gas, heating oil, or other petroleum-related products; and (2) ensure that the application of these guidelines will prevent any merger and acquisition in the oil industry, when the effect of such a merger or acquisition may be to substantially lessen competition, or to tend to create a monopoly, and reflect the special conditions prevailing in the oil industry described in subsection (b). (b) Special Conditions.--The guidelines described in subsection (a) shall be revised to take into account the special conditions prevailing in the oil industry, including-- (1) the high inelasticity of demand for oil and petroleum- related products; (2) the ease of gaining market power in the oil industry; (3) supply and refining capacity limits in the oil industry; (4) difficulties of market entry in the oil industry; and (5) unique regulatory requirements applying to the oil industry. (c) Competition.--The review and revision of the enforcement guidelines required by this section shall be completed not later than 6 months after the date of enactment of this Act. (d) Report.--Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission and the Antitrust Division of the Department of Justice shall jointly report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives regarding the review and revision of the enforcement guidelines mandated by this section. SEC. 5. DEFINITIONS. In this Act: (1) Oil industry.--The term ``oil industry'' means companies and persons involved in the production, refining, distribution, or marketing of oil or petroleum-based products. (2) Petroleum-based product.--The term ``petroleum-based product'' means gasoline, diesel fuel, jet fuel, home heating oil, natural gas, or other products derived from the refining of oil or petroleum.

Oil Industry Merger Antitrust Enforcement Act - Amends the Clayton Act to require, in any civil action in which the plaintiff alleges that the effect of a merger, acquisition, or other transaction (transaction) may be to substantially lessen competition or to create a monopoly in the business of exploring for, producing, refining, marketing, or selling petroleum, oil, natural gas, or their related products and that establishes that the transaction involves competitors in that business, the burden of proof shall be on the defendant to establish that such transaction will not substantially lessen competition or create a monopoly. Directs the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice to jointly review and revise applicable enforcement guidelines and policies in order to: (1) specifically address the above transactions; and (2) ensure that the guidelines will prevent any transaction which substantially lessens competition or creates a monopoly.

A bill to prevent anti-competitive mergers and acquisitions in the oil and gas industry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Bureau of Reclamation. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner. (3) State.--The term ``State'' means the Texas Water Development Board and any other authorized entity of the State of Texas. (4) Program area.--The term ``program area'' means-- (A) the counties in the State of Texas in the Rio Grande Regional Water Planning Area known as Region ``M'' as designated by the Texas Water Development Board; and (B) the counties of Hudspeth and El Paso, Texas. SEC. 3. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT PROGRAM. (a) In General.--The Secretary, acting pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388) and Acts amendatory thereof and supplementary thereto, shall undertake a program in cooperation with the State, water users in the program area, and other non-Federal entities, to investigate and identify opportunities to improve the supply of water for the program area as provided in this Act. The program shall include the review of studies or planning reports (or both) prepared by any competent engineering entity for projects designed to conserve and transport raw water in the program area. As part of the program, the Secretary shall evaluate alternatives in the program area that could be used to improve water supplies, including the following: (1) Lining irrigation canals. (2) Increasing the use of pipelines, flow control structures, meters, and associated appurtenances of water supply facilities. (b) Program Development.--Within 6 months after the date of the enactment of this Act, the Secretary, in consultation with the State, shall develop and publish criteria to determine which projects would qualify and have the highest priority for financing under this Act. Such criteria shall address, at a minimum-- (1) how the project relates to the near- and long-term water demands and supplies in the study area, including how the project would affect the need for development of new or expanded water supplies; (2) the relative amount of water (acre feet) to be conserved pursuant to the project; (3) whether the project would provide operational efficiency improvements or achieve water, energy, or economic savings (or any combination of the foregoing) at a rate of acre feet of water or kilowatt energy saved per dollar expended on the construction of the project; and (4) if the project proponents have met the requirements specified in subsection (c). (c) Project Requirements.--A project sponsor seeking Federal funding under this program shall-- (1) provide a report, prepared by the Bureau of Reclamation or prepared by any competent engineering entity and reviewed by the Bureau of Reclamation, that includes, among other matters-- (A) the total estimated project cost; (B) an analysis showing how the project would reduce, postpone, or eliminate development of new or expanded water supplies; (C) a description of conservation measures to be taken pursuant to the project plans; (D) the near- and long-term water demands and supplies in the study area; and (E) engineering plans and designs that demonstrate that the project would provide operational efficiency improvements or achieve water, energy, or economic savings (or any combination of the foregoing) at a rate of acre feet of water or kilowatt energy saved per dollar expended on the construction of the project; (2) provide a project plan, including a general map showing the location of the proposed physical features, conceptual engineering drawings of structures, and general standards for design; and (3) sign a cost-sharing agreement with the Secretary that commits the non-Federal project sponsor to funding its proportionate share of the project's construction costs on an annual basis. (d) Financial Capability.--Before providing funding for a project to the non-Federal project sponsor, the Secretary shall determine that the non-Federal project sponsor is financially capable of funding the project's non-Federal share of the project's costs. (e) Review Period.--Within 1 year after the date a project is submitted to the Secretary for approval, the Secretary, subject to the availability of appropriations, shall determine whether the project meets the criteria established pursuant to this section. (f) Report Preparation; Reimbursement.--Project sponsors may choose to contract with the Secretary to prepare the reports required under this section. All costs associated with the preparation of the reports by the Secretary shall be 50 percent reimbursable by the non-Federal sponsor. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $2,000,000. SEC. 4. LOWER RIO GRANDE CONSTRUCTION AUTHORIZATION. (a) Project Implementation.--If the Secretary determines that any of the following projects meet the review criteria and project requirements, as set forth in section 3, the Secretary may conduct or participate in funding engineering work, infrastructure construction, and improvements for the purpose of conserving and transporting raw water through that project: (1) In the Hidalgo County, Texas Irrigation District #1, a pipeline project identified in the Melden & Hunt, Inc. engineering study dated July 6, 2000 as the Curry Main Pipeline Project. (2) In the Cameron County, Texas La Feria Irrigation District #3, a distribution system improvement project identified by the 1993 engineering study by Sigler, Winston, Greenwood and Associates, Inc. (3) In the Cameron County, Texas Irrigation District #2 canal rehabilitation and pumping plant replacement as identified as Job Number 48-05540-002 in a report by Turner Collie & Braden, Inc. dated August 12, 1998. (4) In the Harlingen Irrigation District Cameron #1 Irrigation District a project of meter installation and canal lining as identified in a proposal submitted to the Texas Water Development Board dated April 28, 2000. (b) Construction Cost Share.--The non-Federal share of the costs of any construction carried out under, or with assistance provided under, this section shall be 50 percent. Not more than 40 percent of the costs of such an activity may be paid by the State. The remainder of the non- Federal share may include in-kind contributions of goods and services, and funds previously spent on feasibility and engineering studies. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $10,000,000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Secretary to develop and publish criteria to determine which projects would qualify and have the highest priority for financing. Requires such criteria to address at a minimum: (1) how the project relates to the near-and long-term water demands and supplies in the study area, including how the project would affect the need for development of new or expanded water supplies; (2) the relative amount of water (acre feet) to be conserved; (3) whether the project would provide operational efficiency improvements or achieve water, energy, or economic savings (or any such combination) at a rate of acre feet of water or kilowatt energy saved per dollar expended on construction of the project; and (4) if the project proponents have met the following project requirements.Requires a project sponsor seeking Federal funding under this program to: (1) provide a report that includes an analysis showing how the project would reduce, postpone, or eliminate development of new or expanded water supplies, and a description of conservation measures to be taken; (2) provide a project plan; and (3) sign a cost-sharing agreement with the Secretary that commits the non-Federal project sponsor to annual funding of its proportionate share of the project's construction costs. Requires the Secretary to determine: (1) that the project sponsor is financially capable of funding the project's non-Federal share of the project's costs; and (2) within one year after the date the project is submitted for approval, whether a project meets the criteria.Permits project sponsors to contract with the Secretary to prepare such reports.Authorizes the Secretary, through specified projects that meet the review criteria and project requirements, to conduct or participate in funding engineering work, infrastructure construction and improvements for conserving and transporting raw water.Limits: (1) the non-Federal share of the costs of any such activity to 50 percent; and (2) payments by the State to 40 percent of such costs. Permits the remainder of the non-Federal share to include in-kind contributions of goods and services, and funds previously spent on feasibility and engineering studies.Authorizes appropriations.

Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Promotion Act of 1996''. SEC. 2. CREDIT FOR ADOPTION EXPENSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. ADOPTION EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount of the qualified adoption expenses paid or incurred by the taxpayer with respect to the adoption of a child. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount of qualified adoption expenses which may be taken into account under subsection (a) with respect to the adoption of a child shall not exceed $5,000 ($7,500, in the case of a child with special needs). ``(2) Income limitation.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income (determined without regard to sections 911, 931, and 933) exceeds $65,000, bears to ``(B) $30,000. ``(3) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowable under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(C) Reimbursement.--No credit shall be allowed under subsection (a) for any expense to the extent that such expense is reimbursed and the reimbursement is excluded from gross income under section 138. ``(c) Carryforwards of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. No credit may be carried forward under this subsection to any taxable year following the fifth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified adoption expenses.--The term `qualified adoption expenses' means-- ``(A) reasonable and necessary adoption fees, court costs, attorney fees, and other expenses-- ``(i) which are directly related to, and the principal purpose of which is for, the legal and finalized adoption of an eligible child by the taxpayer, and ``(ii) which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement, and ``(B) in the case of the adoption of a child with special needs, any other expenses. ``(2) Expenses for adoption of spouse's child not eligible.--The term `qualified adoption expenses' shall not include any expenses in connection with the adoption by an individual of a child who is the child of such individual's spouse. ``(3) Eligible child.--The term `eligible child' means any individual who has not attained age 18 as of the time of the adoption. ``(4) Child with special needs.--The term `child with special needs' means any eligible child if-- ``(A) a State has determined that the child cannot or should not be returned to the home of his parents, and ``(B) such State has determined that there exists with respect to the child a specific factor or condition (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance. ``(e) Married Couples Must File Joint Returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.''. (b) Conforming Amendments.--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 inserting after the item relating to section 22 the following new item: ``Sec. 23. Adoption expenses.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 3. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO PAY ADOPTION EXPENSES. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(D) Distributions from certain plans for adoption expenses.--Distributions to an individual from an individual retirement plan of so much of the qualified adoption expenses (as defined in section 23(d)) of the individual as does not exceed $2,000.''. (b) Conforming Amendment.--Subparagraph (B) of section 72(t)(2) of the Internal Revenue Code of 1986 is amended by striking ``or (C)'' and inserting ``, (C) or (D)''. (c) Effective Date.--The amendments made by this section shall apply to payments and distributions after December 31, 1995. SEC. 4. EXCLUSION OF AMOUNTS RECEIVED UNDER EMPLOYER'S ADOPTION ASSISTANCE PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. ADOPTION ASSISTANCE PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for qualified adoption expenses in connection with the adoption of a child by an employee if such amounts are furnished pursuant to an adoption assistance program. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excludable from gross income under subsection (a) for all taxable years with respect to the adoption of any single child by the taxpayer shall not exceed $5,000 ($7,500, in the case of a child with special needs (as defined in section 23(d)(4))). ``(2) Income limitation.--The amount excludable from gross income under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so excludable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income (determined without regard to this section and sections 911, 931, and 933) exceeds $75,000, bears to ``(B) $40,000. ``(c) Adoption Assistance Program.--For purposes of this section, an adoption assistance program is a plan of an employer-- ``(1) under which the employer provides employees with adoption assistance, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), and (5) of section 127(b). An adoption reimbursement program operated under section 1052 of title 10, United States Code (relating to armed forces) or section 514 of title 14, United States Code (relating to members of the Coast Guard) shall be treated as an adoption assistance program for purposes of this section. ``(d) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' has the meaning given such term by section 23(d).''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 137 and inserting the following: ``Sec. 137. Adoption assistance programs. ``Sec. 138. Cross reference to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Adoption Promotion Act of 1996 - Amends the Internal Revenue Code to allow an individual a tax credit of up to $5,000 for qualified adoption expenses paid or incurred during the taxable year. Provides a limitation based on modified adjusted gross income. Permits unused credit to be carried forward to the succeeding taxable year on a first-in first-out basis, but prohibits carrying forward credit to any taxable year following the fifth taxable year after the taxable year in which the credit arose. Allows distributions from an individual retirement plan to be used without penalty to pay for adoption expenses. Excludes from gross income aggregate amounts of up to $5,000 ($7,500 in the case of a child with special needs) paid or expenses incurred by the employee for qualified adoption expenses in connection with the adoption of a child if such amounts are received under an employer's adoption assistance program. Provides a limitation based on modified adjusted gross income.

Adoption Promotion Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reinstatement of Enrollment for Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act''. SEC. 2. REINSTATEMENT OF ENROLLMENT FOR MEDICAID AND SCHIP BENEFITS FOR CERTAIN YOUTH UPON RELEASE FROM PUBLIC INSTITUTIONS. (a) Application to Medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) by striking ``and'' at the end of paragraph (69); (2) by striking the period at the end of paragraph (70) and inserting ``; and''; and (3) by inserting after paragraph (70) the following new paragraph: ``(71) provide that in the case of any individual who is a youth, as determined under the State plan for purposes of eligibility for medical assistance under such plan, as of the date of becoming an inmate of a public institution and who is a youth (as so determined) at the time of release from such institution, if the individual was enrolled for medical assistance under the State plan immediately before becoming such an inmate the State must suspend, rather than terminate, such enrollment for such individual during the period in which such individual is such an inmate in a manner such that-- ``(A) the enrollment of such individual shall be reinstated upon release from such institution unless and until there is a determination that the individual is no longer eligible to be so enrolled; and ``(B) any period of continuous eligibility in effect on the date the individual became such an inmate shall be reinstated as of the date of the release and the duration of such period shall be determined without regard to the period in which the individual was such an inmate.''. (b) Application to SCHIP.--Section 2102(b)(1) of the Social Security Act (42 U.S.C. 1397bb(b)(1)) is amended by adding at the end the following new subparagraph: ``(C) Reinstatement of enrollment for certain youth upon release from public institutions.--A State child health plan shall provide that in the case of any child who becomes an inmate of a public institution and who is still a child at the time of release from such institution, if the child was enrolled for child health assistance under the State child health plan immediately before becoming such an inmate the State must suspend, rather than terminate, such enrollment for such child during the period in which such child is such an inmate in a manner such that-- ``(i) the enrollment of such child shall be reinstated upon release from such institution unless and until there is a determination that the child is no longer eligible to be so enrolled; and ``(ii) any period of continuous eligibility in effect on the date the child became such an inmate shall be reinstated as of the date of the release and the duration of such period shall be determined without regard to the period in which the child was such an inmate.''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to individuals who become inmates of a public institution on or after January 1, 2009. (2) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act, or a State child health plan for child health assistance under title XXI of such Act, which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a)(3) or (b), respectively, the State plan or State child health plan, respectively, shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such respective additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Reinstatement of Enrollment for Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to require a state plan to provide for the reinstatement to enrollment for medical assistance and child health assistance upon release from a public institution of an individual youth who was enrolled for such assistance immediately before becoming an inmate of such institution.

To amend titles XIX and XXI of the Social Security Act to provide for the reinstatement of enrollment for medical assistance and child health assistance of certain youth who were enrolled for such assistance immediately before becoming inmates of public institutions upon the release of such youth from such institutions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Griffith Project Prepayment and Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Authority'' means the Southern Nevada Water Authority, organized under the laws of the State of Nevada. (2) The term ``Griffith Project'' means the Robert B. Griffith Water Project, authorized by and constructed pursuant to the Southern Nevada Water Project Act, Public Law 89-292, as amended (commonly known as the ``Southern Nevada Water Project Act'') (79 Stat. 1068), including pipelines, conduits, pumping plants, intake facilities, aqueducts, laterals, water storage and regulatory facilities, electric substations, and related works and improvements listed pursuant to ``Robert B. Griffith Water Project (Formerly Southern Nevada Water Project), Nevada: Southern Clark County, Lower Colorado Region Bureau of Reclamation'', on file at the Bureau of Reclamation and all interests in land acquired under Public Law 89-292, as amended. (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``Acquired Land(s)'' means all interests in land, including fee title, right(s)-of-way, and easement(s), acquired by the United States from non-Federal sources by purchase, donation, exchange, or condemnation pursuant to Public Law 89-292, as amended for the Griffith Project. (5) The term ``Public Land'' means lands which have never left Federal ownership and are under the jurisdiction of the Bureau of Land Management. (6) The term ``Withdrawn Land'' means Federal lands which are withdrawn from settlement, sale, location of minerals, or entry under some or all of the general land laws and are reserved for a particular public purpose pursuant to Public Law 89-292, as amended, under the jurisdiction of the Bureau of Reclamation, or are reserved pursuant to Public Law 88-639 under the jurisdiction of the National Park Service. SEC. 3. CONVEYANCE OF GRIFFITH PROJECT. (a) In General.--In consideration of the Authority assuming from the United States all liability for administration, operation, maintenance, and replacement of the Griffith Project and subject to the prepayment by the Authority of the Federal repayment amount of $121,204,348 (which amount shall be increased to reflect any accrued unpaid interest and shall be decreased by the amount of any additional principal payments made by the Authority after September 15, 1999, prior to the date on which prepayment occurs), the Secretary shall, pursuant to the provisions of this Act-- (1) convey and assign to the Authority all of the right, title, and interest of the United States in and to improvements and facilities of the Griffith Project in existence as of the date of this Act; (2) convey and assign to the Authority all of the right, title, and interest of the United States to Acquired Lands that were acquired for the Griffith Project; and (3) convey and assign to the Authority all interests reserved and developed as of the date of this Act for the Griffith Project in lands patented by the United States. (b) Pursuant to the authority of this section, from the effective date of conveyance of the Griffith Project, the Authority shall have a right-of-way at no cost across all Public Land and Withdrawn Land-- (1) on which the Griffith Project is situated; and (2) across any Federal lands as reasonably necessary for the operation, maintenance, replacement, and repair of the Griffith Project, including existing access routes. Rights-of-way established by this section shall be valid for as long as they are needed for municipal water supply purposes and shall not require payment of rental or other fee. (c) Within twelve months after the effective date of this Act-- (1) the Secretary and the Authority shall agree upon a description of the land subject to the rights-of-way established by subsection (b) of this section; and (2) the Secretary shall deliver to the Authority a document memorializing such rights-of-way. (d) Report.--If the conveyance under subsection (a) has not occurred within twelve months after the effective date of this Act, the Secretary shall submit to Congress a report on the status of the conveyance. SEC. 4. RELATIONSHIP TO EXISTING CONTRACTS. The Secretary and the Authority may modify Contract No. 7-07-30- W0004 and other contracts and land permits as necessary to conform to the provisions of this Act. SEC. 5. RELATIONSHIP TO OTHER LAWS AND FUTURE BENEFITS. (a) If the Authority changes the use or operation of the Griffith Project, the Authority shall comply with all applicable laws and regulations governing the changes at that time. (b) On conveyance of the Griffith Project under section 3 of this Act, the Act of June 17, 1902 (43 U.S.C. 391 et seq.), and all Acts amendatory thereof or supplemental thereto shall not apply to the Griffith Project. Effective upon transfer, the lands and facilities transferred pursuant to this Act shall not be entitled to receive any further Reclamation benefits pursuant to the Act of June 17, 1902, and all Acts amendatory thereof or supplemental thereto attributable to their status as a Federal Reclamation Project, and the Griffith Project shall no longer be a Federal Reclamation Project. (c) Nothing in this Act shall transfer or affect Federal ownership, rights, or interests in Lake Mead National Recreation Area associated lands, nor affect the authorities of the National Park Service to manage Lake Mead National Recreation Area including lands on which the Griffith Project is located consistent with the Act of August 25, 1916 (39 Stat. 535), Public Law 88-639, October 8, 1964 (78 Stat. 1039), or any other applicable legislation, regulation, or policy. (d) Nothing in this Act shall affect the application of Federal reclamation law to water delivered to the Authority pursuant to any contract with the Secretary under section 5 of the Boulder Canyon Project Act. (e) Effective upon conveyance of the Griffith Project and acquired interests in land under section 3 of this Act, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership of the conveyed property. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Grants to the Authority at no cost a right-of-way across all public land and withdrawn land on which the Project is situated and across any Federal lands as reasonably necessary for the operation, maintenance, replacement, and repair of the Project, including existing access routes. Provides that such rights-of-way shall be valid for as long as they are needed for municipal water supply purposes and shall not require payment of rental or other fee. Requires the Secretary, if such conveyance has not occurred within 12 months after the effective date of this Act, to report on its status to Congress.

Griffith Project Prepayment and Conveyance Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nuclear Safety and Promotion Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--GROWTH OF NUCLEAR ENERGY Sec. 101. Price Anderson reauthorization. Sec. 102. Elimination of foreign ownership restrictions. Sec. 103. Combined licenses. Sec. 104. Scope of environmental review. TITLE II--NRC REGULATORY REFORM Sec. 201. Elimination of duplicative antitrust review. Sec. 202. Hearing procedures. Sec. 203. Authority over former licensees for decommissioning funding. TITLE III--NRC PERSONNEL CRISIS Sec. 301. Elimination of pension offset. Sec. 302. Contracts with the national laboratories. Sec. 303. NRC training program. TITLE I--GROWTH OF NUCLEAR ENERGY SEC. 101. PRICE-ANDERSON REAUTHORIZATION. (a) Indemnification of Licensees.--Section 170c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is amended-- (1) in the subsection heading, by striking ``Licenses'' and inserting ``Licensees''; and (2) in the first sentence, by striking ``August 1, 2002'' and inserting ``August 1, 2012''. (b) Reports to Congress.--Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is amended by striking ``August 1, 1998'' and inserting ``August 1, 2008''. (c) Applicability.--The amendments made by this section apply with respect to nuclear incidents occurring on or after the date of enactment of this Act. SEC. 102. ELIMINATION OF FOREIGN OWNERSHIP RESTRICTIONS. (a) Commercial Licenses.--Section 103d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amended by striking the second sentence. (b) Medical Therapy and Research and Development.--Section 104d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended by striking the second sentence. SEC. 103. COMBINED LICENSE PERIODS. Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended-- (1) by striking ``c. Each such'' and inserting the following: ``c. License Period.-- ``(1) In general.--Each such''; and (2) by adding at the end the following: ``(2) Combined licenses.--In the case of a combined construction and operating license issued under section 185(b), the duration of the operating phase of the license period shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses.''. SEC. 104. SCOPE OF ENVIRONMENTAL REVIEW. (a) In General.--Chapter 10 of title I of the Atomic Energy act of 1954 (42 U.S.C. 2131 et seq.) is amended-- (1) by redesignating sections 110 and 111 as section 111 and 112, respectively; and (2) by inserting after section 109 the following: ``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW. ``In conducting any environmental review (including any activity conducted under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332)) in connection with an application for a license or a renewed license under this chapter, the Commission shall not give any consideration to the need for, or any alternative to, the facility to be licensed.''. (b) Conforming Amendments.-- (1) The Atomic Energy Act of 1954 is amended-- (A) in the table of contents (42 U.S.C. prec. 2011), by striking the items relating to section 110 and inserting the following: ``Sec. 110. Scope of environmental review. ``Sec. 111. Exclusions. ``Sec. 112. Licensing by Nuclear Regulatory Commission of distribution of certain materials by Department of Energy.''; (B) in the last sentence of section 57b. (42 U.S.C. 2077(b)), by striking ``section 111 b.'' and inserting ``section 112b.''; and (C) in section 131a.(2)(C), by striking ``section 111 b.'' and inserting ``section 112b.''. (2) Section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842) is amended-- (A) by striking ``section 110 a.'' and inserting ``section 111a.''; and (B) by striking ``section 110 b.'' and inserting ``section 111b.''. TITLE II--NRC REGULATORY REFORM SEC. 201. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW. Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by striking subsection c. and inserting the following: ``c. Conditions.-- ``(1) In general.--A condition for a grant of a license imposed by the Commission under this section shall remain in effect until the condition is modified or removed by the Commission. ``(2) Modification.--If a person that is licensed to construct or operate a utilization or production facility applies for reconsideration under this section of a condition imposed in the person's license, the Commission shall conduct a proceeding, on an expedited basis, to determine whether the license condition-- ``(A) is necessary to ensure compliance with subsection a.; or ``(B) should be modified or removed.''. SEC. 202. HEARING PROCEDURES. Section 189a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(1)) is amended by adding at the end the following: ``(C) Hearings.--A hearing under this section shall be conducted using informal adjudicatory procedures unless the Commission determines that formal adjudicatory procedures are necessary-- ``(i) to develop a sufficient record; or ``(ii) to achieve fairness.''. SEC. 203. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING FUNDING. Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) is amended-- (1) by striking ``and (3)'' and inserting ``(3)''; and (2) by inserting before the semicolon at the end the following: ``, and (4) to ensure that sufficient funds will be available for the decommissioning of any production or utilization facility licensed under section 103 or 104b., including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee under this Act that has control over any fund for the decommissioning of the facility''. TITLE III--NRC PERSONNEL CRISIS SEC. 301. ELIMINATION OF PENSION OFFSET. Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is amended by adding at the end the following: ``y. exempt from the application of sections 8344 and 8468 of title 5, United States Code, an annuitant who was formerly an employee of the Commission who is hired by the Commission as a consultant, if the Commission finds that the annuitant has a skill that is critical to the performance of the duties of the Commission.''. SEC. 302. CONTRACTS WITH THE NATIONAL LABORATORIES. Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) is amended by striking subsection c. and inserting the following: ``c. Contracts, Agreements, and Other Arrangements With the National Laboratories.--Notwithstanding subsection b. and notwithstanding the potential for a conflict of interest that cannot be avoided, the Commission may enter into a contract, agreement, or other arrangement with a national laboratory if the Commission takes reasonable steps to mitigate the effect of the conflict of interest.''. SEC. 303. NRC TRAINING PROGRAM. (a) In General.--In order to maintain the human resource investment and infrastructure of the United States in the nuclear sciences, health physics, and engineering fields, in accordance with the statutory authorities of the Commission relating to the civilian nuclear energy program, the Nuclear Regulatory Commission shall carry out a training and fellowship program to address shortages of individuals with critical safety skills. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2002 through 2005. (2) Availability.--Funds made available under paragraph (1) shall remain available until expended.

Nuclear Safety and Promotion Act - Amends the Atomic Energy Act of 1954 to reauthorize until August 1, 2012, mandatory indemnification and holding harmless of certain licensees for nuclear incidents (Price-Anderson Act).Repeals the prohibition against foreign ownership of commercial, medical therapy, and research and development licenses issued by the NRC.Provides that the duration of the operating phase of the license period for certain combined construction and operating licenses shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses.Prohibits the NRC from giving any consideration to need or alternative when conducting any environmental review regarding a facility license application or renewal.Eliminates antitrust review of NRC license applications.Authorizes the NRC to prescribe regulations to ensure the availability of sufficient decommissioning funds for certain production or utilization facilities, including standards and restrictions governing former licensee control and disbursement over any facility decommissioning fund.Authorizes the NRC to eliminate the pension offset governing former NRC employees rehired as consultants if the annuitant has skills critical to the performance of NRC duties.Repeals the requirements that the NRC promulgate implementation rules governing conflicts of interest relating to contracts. Authorizes the NRC enter into a contract with a national laboratory if it takes reasonable steps to mitigate the effect of the conflict of interest.Instructs the NRC to implement a training and fellowship program to address shortages of critical safety skills.

A bill to promote the safe and efficient supply of energy while maintaining strong environmental protections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spread Pricing Liquidity Act of 2013''. SEC. 2. TICK SIZE FOR CERTAIN ISSUERS. (a) In General.--Section 11A(c)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is amended to read as follows: ``(6) Tick size for certain issuers.-- ``(A) Selection.-- ``(i) In general.--The board of directors of an issuer with a public float of $500,000,000 or less (based on a rolling average over the course of the preceding 3- month period) and an average daily trading volume of less than 500,000 shares may select to have the securities of the issuer quoted and traded using an increment of either $0.05 or $0.10. ``(ii) Manner of selection.--A selection under this subparagraph shall be made by informing the Commission and each exchange on which the securities of the issuer are quoted or traded. ``(iii) Limitation on certain issuers.-- With respect to the average trading price in the most recent 1-month period for the securities of an issuer-- ``(I) if such average price is less than $1, the issuer may not make the selection under this subparagraph; and ``(II) if such average price is $1 or more, but less than $2, the issuer may only select to have the securities of the issuer quoted and traded using an increment of $0.05. ``(iv) Consultation.--In making a selection under this subparagraph, the board of directors shall first consult with the issuer's primary listing market. ``(B) Trading requirements.--If an issuer has made the selection under subparagraph (A)-- ``(i) all quotes of the securities of such issuer shall be done using only the increment selected; ``(ii) an exchange on which the securities of such issuer are traded may not charge a fee for a person engaging in such a trade, unless such fee is uniform for all trades and based solely on the number of shares traded; and ``(iii) such selection shall not prevent the securities of the issuer being traded at increments other than the increment selected. ``(C) Right to opt out of selection.-- ``(i) In general.--An issuer that has made the selection under subparagraph (A) may choose to opt out of such selection at any time after the 6-month period beginning on the date such selection was made. ``(ii) Manner of opt out.--An issuer that chooses to opt out of the selection under subparagraph (A) shall do so by informing the Commission and each exchange on which the securities of the issuer are quoted or traded. ``(iii) Future selection.--Subject to subparagraph (D), an issuer that opts out of the selection under subparagraph (A) may make the selection under subparagraph (A) again at any time after the 1-year period beginning on the date of the opt out. ``(D) Treatment of issuers surpassing cap.--If the public float of an issuer that has made the selection under subparagraph (A) rises above $500,000,000 (based on a rolling average over the course of a 3-month period) or the average daily trading volume of the issuer raises above 500,000 then, after the end of the 3-month period beginning on the date of such occurrence-- ``(i) the issuer shall no longer be considered to have made the selection under subparagraph (A); and ``(ii) the issuer shall be ineligible to make a selection under subparagraph (A) during the 2-year period beginning after the end of such 3-month period, regardless of the issuer's public float or average daily trading volume. ``(E) Study and report.-- ``(i) In general.--Not later than the end of the 9-month period beginning on the date of the enactment of this paragraph, and annually thereafter, the Commission shall carry out a study of the quoting and trading of securities in increments of $0.05 and $0.10 permitted by this paragraph, and the extent to which such a system is increasing liquidity by incentivizing capital commitment, research coverage, and brokerage support. ``(ii) Report to congress.--Upon the completion of each study described under clause (i), the Commission shall issue a report to the Congress containing all of the findings and determinations made in carrying out such study, along with any legislative recommendations the Commission may have. ``(F) Definitions.--For purposes of this paragraph: ``(i) Average daily trading volume.--With respect to a security, the term `average daily trading volume' means the average, over the previous 3-month period, of-- ``(I) the aggregate daily volume for bids made on the security within the price band; and ``(II) the aggregate daily volume for offers made on the security within the price band. ``(ii) Price band.--With respect to a security, the term `price band' means the range between the price that is 25 cents below the trading price of the security and the price that is 25 cents above the trading price of the security. ``(iii) Public float.--The term `public float' means the amount of equity of an issuer that is held by persons who are not affiliated with the issuer, determined by multiplying the number of shares of such stock by the price of one of such shares.''. (b) Effective Date.-- (1) In general.--Section 11A(c)(6) of the Securities Exchange Act of 1934, as amended by subsection (a), shall take effect-- (A) with respect to an issuer with a public float of $100,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 100,000, on the date of the enactment of this Act; (B) with respect to an issuer that is not described under subparagraph (A) and that has a public float of $250,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 250,000, after the end of the 3-month period beginning on the date of the enactment of this Act; and (C) with respect to an issuer that is not described under subparagraph (A) or (B) and that has a public float of $500,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 500,000, after the end of the 6-month period beginning on the date of the enactment of this Act. (2) Definitions.--For purposes of this subsection, the terms ``average daily trading volume'' and ``public float'' have the meaning given those terms, respectively, under section 11A(c)(6)(F) of the Securities Exchange Act of 1934.

Spread Pricing Liquidity Act of 2013 - Amends the Securities Exchange Act of 1934 concerning the national market system for securities to authorize the board of directors of an issuer with a public float of $500 million or less to select to have the issuer's securities quoted and traded using an increment (tick) of either $0.05 or $0.10. Prohibits selection of the $0.05 tick unless the average trading price in the most recent 1-month period for the securities of an issuer is between $1 and $2. Limits the tick selection to $0.05 for the issuer of any such security. Prescribes trading requirements. Permits a issuer that has made the selection under this Act to choose to opt out at any time after the six-month period beginning on the date the selection was made. States that, if the public float of an issuer that has made such a tick selection rises above $500 million (based on a rolling average over the course of a 3-month period), or its average daily trading volume rises above $500 million, then after the end of the 3-month period beginning on the date of such occurrence the issuer: (1) shall no longer be considered to have made the tick selection; and (2) shall be ineligible to make such a tick selection for 2 years after such 3-month period. Directs the Securities and Exchange Commission (SEC) to study the quoting and trading of securities in increments of $0.05 and $0.10, and the extent to which such system increases liquidity by incentivizing capital commitment, research coverage, and brokerage support.

Spread Pricing Liquidity Act of 2013

SECTION 1. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES, SURVIVING JOINT DEBTORS, AND PARENTS. (a) Definitions.--For purposes of this section: (1) Eligible public servant.--The term ``eligible public servant'' means an individual who-- (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001; as determined in accordance with regulations of the Secretary. (2) Eligible victim.--The term ``eligible victim'' means an individual who died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001, as determined in accordance with regulations of the Secretary. (3) Eligible spouse.--The term ``eligible spouse'' means the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary. (4) Eligible surviving debtor.--The term ``eligible surviving debtor'' means an individual who owes a Federal student loan that is a consolidation loan that was used, jointly by that individual and an eligible victim, to repay the Federal student loans of that individual and of such eligible victim. (5) Eligible parent.--The term ``eligible parent'' means the parent of an eligible victim if-- (A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or (B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim who became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Federal student loan.--The term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (b) Relief From Indebtedness.-- (1) In general.--The Secretary shall provide for the discharge or cancellation of-- (A) the Federal student loan indebtedness of an eligible spouse; (B) the consolidation loan indebtedness of an eligible surviving debtor; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim, if the amount of such indebtedness with respect to such eligible victim may be reliably determined on the basis of records available to the lender; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim described in subsection (a)(5)(B). (2) Method of discharge or cancellation.--A loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan. (c) Facilitation of Claims.--The Secretary shall-- (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness for eligible spouses, eligible surviving debtors, and eligible parents under this section. (d) Availability of Funds for Payments.--Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans to the eligible spouses, eligible surviving debtors, and eligible parents as required by this section. (e) Applicable to Outstanding Debt.--The provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001.

Amends the Higher Education Act of 1965 to direct the Secretary of Education to discharge or cancel the Federal student loan indebtedness of spouses, surviving joint debtors, and parents of public servants and other individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.

A bill to provide for cancellation of student loan indebtedness for spouses, surviving joint debtors, and parents of individuals who died or became permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restricted Weapons Act of 1993''. SEC. 2. PROHIBITION AGAINST POSSESSION AND TRANSFER OF RESTRICTED WEAPONS. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(s)(1) Except as provided in paragraphs (2) and (3), it shall be unlawful for any person to possess or transfer a restricted weapon. ``(2) Paragraph (1) shall not apply to any otherwise lawful possession or transfer of a restricted weapon if the weapon was lawfully possessed before the date the weapon was most recently added to the list published pursuant to section 925A. ``(3) It shall be unlawful for any person to transfer a restricted weapon that meets the requirement of paragraph (2), except in accordance with regulations prescribed by the Secretary.''. (b) Restricted Weapon Defined.--Section 921(a) of such title is amended by adding at the end the following: ``(29) The term `restricted weapon' means any firearm which is on the list most recently published by the Secretary under section 925A.''. (c) Authority of the Secretary of the Treasury to Designate Restricted Weapons; Publication of List.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by inserting after section 925 the following: ``Sec. 925A. Designation of restricted weapons ``(a) Within 60 days after the date of the enactment of this section, the Secretary shall-- ``(1) designate as a restricted weapon-- ``(A) any semiautomatic rifle which is-- ``(i) manufactured in the United States; and ``(ii) not generally recognized as particularly suitable for, or readily adaptable to, sporting purposes; and ``(B) any firearm manufactured outside the United States the importation of which is prohibited under section 925(d); and ``(2) compile and publish a list of the firearms so designated. ``(b) After the end of the 60-day period described in subsection (a), the Secretary shall, from time to time-- ``(1) revise the list published pursuant to subsection (a)-- ``(A) to include in such list any weapon which meets the requirements of subparagraph (A) or (B) of subsection (a)(1); and ``(B) to exclude from such list any weapon which is not described in subsection (a)(1)(A) and which is not described in subsection (a)(1)(B); and ``(2) publish the revised list.''. (2) Semiautomatic rifle defined.--Section 921(a) of such title is amended by adding after the paragraph added by subsection (b) of this section the following: ``(30) The term `semiautomatic rifle', means-- ``(A) a rifle which uses a portion of the force of a fired cartridge to expel the case of the fired cartridge and load another cartridge into the firing chamber, and which requires a separate function of the trigger to fire each cartridge; and ``(B) any part or combination of parts, designed or intended to convert a rifle into a rifle described in subparagraph (A).''. (3) Clerical amendment.--The table of sections at the beginning of chapter 44 of such title is amended by inserting after the item relating to section 925 the following: ``925A. Designation of restricted weapons.''. (d) Penalties.-- (1) Unlawful possession or transfer of restricted weapon.-- Section 924(a)(1)(B) of such title, as amended by section 6(b)(2) of this Act, is amended by striking ``or (r)'' and inserting ``(r), or (s)''. (2) Enhanced penalty for possession or use of restricted weapon during crime of violence or drug trafficking crime.-- Section 924(c)(1) of such title is amended by striking ``and if the firearm is a short-barreled rifle, short-barreled shotgun'' and inserting ``if the firearm is a restricted weapon, a short- barreled rifle, or a short-barreled shotgun,''. (e) Regulations Governing Transfer of Restricted Weapons.-- (1) Regulations.--Section 926 of such title is amended by adding at the end the following: ``(d)(1) Within 60 days after the date of the enactment of this subsection, the Secretary shall prescribe regulations governing the transfer of restricted weapons, which shall allow such a transfer to proceed within 30 days after the Secretary receives such documentation as the Secretary may require to be submitted with respect to the transfer, and shall include provisions for determining whether the transferee is a person described in section 922(g). ``(2) The Secretary may assess a fee of not more than $50 in connection with the transfer of a restricted weapon.''. (2) Penalty for violation of regulations.--Section 924(a) of such title is amended-- (A) in paragraph (1), by striking ``paragraph (2) or (3) of''; and (B) by adding at the end the following: ``(5) Whoever transfers a restricted weapon in violation of a regulation issued under section 926(d)(1) but in an otherwise lawful manner shall be fined under this title, imprisoned not more than one year, or both.''. SEC. 3. PROHIBITION AGAINST CERTAIN EXPORTS OF RESTRICTED WEAPONS. (a) Prohibition.--Section 922 of title 18, United States Code is amended by adding after the subsection added by section 2(a) of this Act the following: ``(t)(1) Except as provided in paragraph (2), it shall be unlawful to export or attempt to export a restricted weapon. ``(2) Paragraph (1) shall not apply to the exportation of a restricted weapon-- ``(A) by or for the United States or any department or agency thereof; or ``(B) by or to the government of a foreign country. ``(3) Notwithstanding paragraph (2)(B), it shall be unlawful to knowingly export or attempt to export a restricted weapon to a country if the Secretary of State finds that-- ``(A) the government of the country engages in a consistent pattern of gross violations of internationally recognized human rights; or ``(B) the country has repeatedly provided support for international terrorism.''. (b) Penalty.--Section 924(a) of such title, is amended by adding after the paragraph added by section 2(e)(2)(B) of this Act the following: ``(6) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.''. SEC. 4. PROHIBITION AGAINST MANUFACTURE OF A FIREARM CAPABLE OF ACCEPTING A SILENCER OR BAYONET WITHOUT ALTERATION. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding after the subsections added by sections 2(a) and 3(a) of this Act the following: ``(u) It shall be unlawful for any person to manufacture a firearm to which a firearm silencer or bayonet may be directly attached without alteration of the firearm.''. (b) Penalty.--Section 924(a)(1)(B) of such title, as amended by sections 6(a) and 2(d)(1) of this Act, is amended by striking ``or (s)'' and inserting ``(s), or (u)''. SEC. 5. PROHIBITION AGAINST POSSESSION OR TRANSFER OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding after the subsections added by sections 2(a), 3(a), and 4(a) of this Act the following: ``(v)(1) It shall be unlawful for any person to possess or transfer any large capacity ammunition feeding device. ``(2) Paragraph (1) shall not apply to any otherwise lawful possession or otherwise lawful transfer of a large capacity ammunition feeding device that was lawfully possessed before the date of the enactment of this subsection.''. (b) Large Capacity Ammunition Feeding Device Defined.--Section 921(a) of such title is amended by adding after the paragraphs added by subsections (b) and (c)(2) of section 2 of this Act the following: ``(31)(A) Except as provided in subparagraph (B), the term `large capacity ammunition feeding device' means-- ``(i) a detachable magazine, belt, drum, feed strip, or similar device which has, or which can be readily restored or converted to have, a capacity of more than 7 rounds of ammunition; and ``(ii) any part or combination of parts, designed or intended to convert a detachable magazine, belt, drum, feed strip, or similar device into a device described in clause (i). ``(B) The term `large capacity ammunition feeding device' does not include any attached tubular device designed to accept and capable of operating with only .22 rimfire caliber ammunition.''. (c) Penalty.--Section 924(a)(1)(B) of such title, as amended by sections 6(a), 2(d)(1), and 4(b) of this Act, is amended by striking ``or (u)'' and inserting ``(u), or (v)''. (d) Regulations.--Section 926 of such title is amended by adding after the subsection added by section 2(e)(1) of this Act the following: ``(e) The Secretary shall promulgate regulations requiring manufacturers of large capacity ammunition feeding devices to stamp each such device manufactured after the date of the enactment of this subsection with a permanent distinguishing mark selected in accordance with regulations.''. SEC. 6. TECHNICAL CORRECTION RELATING TO FIREARMS LAWS. (a) In General.--Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``(q)'' and inserting ``(r)''. (b) Effective Date.--The amendment made by this section shall take effect if such amendment had been included in section 2204 of the Crime Control Act of 1990 at the time such section 2204 became law.

Restricted Weapons Act of 1993 - Amends the Federal criminal code to prohibit the possession or transfer of a restricted weapon, unless such weapon was lawfully possessed before the date it was most recently added to the published list required under this Act. Defines "restricted weapon" to mean any firearm which is on the list most recently published by the Secretary of the Treasury under this Act. Requires the Secretary to: (1) designate as a restricted weapon any semiautomatic rifle which is manufactured in the United States and is not generally recognized as suitable for, or readily adaptable to, sporting purposes and any firearm manufactured outside the United States the importation of which does not meet the sporting purposes standard; and (2) compile, publish, and periodically revise a list of the firearms so designated. Sets penalties for the unlawful possession or transfer of a restricted weapon. Provides for an enhanced penalty for possession or use of a restricted weapon during a crime of violence or a drug trafficking crime. Requires the Secretary to prescribe regulations governing the transfer of restricted weapons which shall allow such a transfer to proceed within 30 days after the Secretary receives the documentation submitted with respect to such a transfer. Authorizes the Secretary to assess a fee in connection with such a transfer. Sets penalties for violating such regulations. Prohibits: (1) the export of restricted weapons, with exceptions for U.S. departments or agencies and foreign governments (unless such a government engages in a consistent pattern of gross violations of human rights or has repeatedly provided support for international terrorism); and (2) the manufacture of a firearm to which a silencer or bayonet may be attached without alteration of the firearm. Sets penalties for violations of these provisions. Prohibits the possession or transfer of large capacity ammunition feeding devices, except where lawfully possessed before enactment of this Act. Defines such devices to include: (1) a detachable magazine, belt, or similar device which has, or can be readily converted to have, a capacity of more than seven rounds of ammunition; and (2) any part or combination of parts intended to convert a detachable magazine into such a device. Excludes from such definition any attached tubular device designed to accept and capable of operating with only .22 rimfire caliber ammunition. Sets penalties for violations. Requires the Secretary to promulgate regulations requiring manufacturers of such devices to stamp each such device with a permanent distinguishing mark.

Restricted Weapons Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scaling Up Manufacturing Act of 2012''. SEC. 2. CREDIT FOR MANUFACTURING FACILITY COSTS. (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. MANUFACTURING FACILITY EXPENDITURES. ``(a) General Rule.--For purposes of section 38, in the case of an eligible business, the manufacturing facility expenditure credit for any taxable year is an amount equal to 25 percent of the qualified facility construction expenditures of the taxpayer for the taxable year. ``(b) Eligible Business.--For purposes of this section-- ``(1) In general.--The term `eligible business' means any corporation or partnership-- ``(A) which is engaged in an active trade or business, ``(B) which is headquartered in the United States, ``(C) substantially all of the management or administrative activities of which are performed in the United States, ``(D) which has not (prior to placing into service the manufacturing facility designated for purposes of this section) placed in service a manufacturing facility, ``(E) which is a start-up company, and ``(F) with respect to which all debt obligations issued by, and equity interests in, have a rating of B minus (or its substantial equivalent) or higher from a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934). ``(2) Start-up company.--The term `start-up company' means any corporation or partnership-- ``(A) which first has both gross receipts and qualified research expenses (as defined in section 41(b)) in a taxable year beginning after December 31, 2012, or ``(B) which has both gross receipts and qualified research expenses (as so defined) in fewer than 3 taxable years beginning after December 31, 2012, and before January 1, 2018. ``(c) Qualified Facility Construction Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified facility construction expenditures' means amounts paid or incurred by the taxpayer-- ``(A) for the construction of a facility (designated for purposes of this section by the taxpayer at such time and in such form and manner as the Secretary shall prescribe) in the United States to manufacture a qualified product (including amounts for professional services necessary for the planning of such construction), and ``(B) for the purchase of specialized equipment for use at such facility and required for the manufacture of such product. ``(2) Qualified product.--The term `qualified product' means any product which, prior to construction of the facility with respect to which a credit is allowed under this section, the taxpayer has produced and sold to a bona fide purchaser, and such purchaser has placed such product in service. ``(d) Special Rules.--For purposes of this section-- ``(1) Recapture.-- ``(A) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any facility of the taxpayer with respect to which a credit was allowed under this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(i) the applicable recapture percentage, and ``(ii) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified facility construction expenditures of the taxpayer described in subsection (c)(1) with respect to such facility had been zero. ``(B) Applicable recapture percentage.-- ``(i) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined in accordance with the following table: ``If the recapture event The applicable recapture percentage occurs in: is: Year 1............................................. 100 Year 2............................................. 80 Year 3............................................. 60 Year 4............................................. 40 Year 5............................................. 20 Years 6 and thereafter............................. 0. ``(ii) Years.--For purposes of clause (i), year 1 shall begin on the first day of the taxable year in which the facility with respect to which a credit was allowed under this subsection was placed in service. ``(C) Recapture event.--For purposes of this paragraph-- ``(i) In general.--A recapture event occurs with respect to any facility if-- ``(I) the taxpayer becomes insolvent, or ``(II) the taxpayer disposes of the facility to another person who, at this time of the disposition, is not an eligible business. ``(ii) Special rule for facilities not placed in service within 5 years.--In the case of a facility with respect to which a credit is allowed under this section which is not placed in service before the close of the 5th taxable year beginning after the first taxable year for which the credit was so allowed, a recapture event shall be treated as having occurred with respect to such facility in year 1. ``(2) Credit may be assigned.--The amount of qualified facility construction expenditures with respect to a facility which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the `initial taxpayer')-- ``(A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and ``(B) shall not be taken into account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures. ``(3) Controlled group.--All members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person for purposes of this section. ``(4) Predecessor.--Any reference in this section to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. ``(5) Denial of double benefit.--For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for any property, the basis of such property shall be reduced by the amount of the credit so allowed.''. (b) Denial of Double Benefit.--Section 280C of such Code is amended by inserting after subsection (h) the following new subsection: ``(i) Manufacturing Facility Expenditures.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45S for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S(a).''. (c) 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 inserting after paragraph (36) the following: ``(37) manufacturing facility expenditure credit determined under section 45S(a).''. (d) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45S(d)(2).''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Scaling Up Manufacturing Act of 2012 - Amends the Internal Revenue Code to allow certain start-up companies that are headquartered in the United States a tax credit for up to 25% of their costs for the construction of a manufacturing facility and for the purchase of specialized equipment for use at such facility. Defines a "start-up company" as any corporation or partnership that: (1) first has both gross receipts and qualified research expenses in a taxable year beginning after December 31, 2012, or (2) has both gross receipts and qualified research expenses in fewer than three taxable years beginning after December 31, 2012, and before January 1, 2018.

To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified manufacturing facility construction costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zimbabwe Democracy and Economic Recovery Act of 2001''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States to support the people of Zimbabwe in their struggle to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law. SEC. 3. DEFINITIONS. In this Act: (1) International financial institutions.--The term ``international financial institutions'' means the multilateral development banks and the International Monetary Fund. (2) Multilateral development banks.--The term ``multilateral development banks'' means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency. SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY. (a) Findings.--Congress makes the following findings: (1) Through economic mismanagement, undemocratic practices, and the costly deployment of troops to the Democratic Republic of the Congo, the Government of Zimbabwe has rendered itself ineligible to participate in International Bank for Reconstruction and Development and International Monetary Fund programs, which would otherwise be providing substantial resources to assist in the recovery and modernization of Zimbabwe's economy. The people of Zimbabwe have thus been denied the economic and democratic benefits envisioned by the donors to such programs, including the United States. (2) In September 1999 the IMF suspended its support under a ``Stand By Arrangement'', approved the previous month, for economic adjustment and reform in Zimbabwe. (3) In October 1999, the International Development Association (in this section referred to as the ``IDA'') suspended all structural adjustment loans, credits, and guarantees to the Government of Zimbabwe. (4) In May 2000, the IDA suspended all other new lending to the Government of Zimbabwe. (5) In September 2000, the IDA suspended disbursement of funds for ongoing projects under previously-approved loans, credits, and guarantees to the Government of Zimbabwe. (b) Support for Democratic Transition and Economic Recovery.-- (1) Bilateral debt relief.--Upon receipt by the appropriate congressional committees of a certification described in subsection (d), the Secretary of the Treasury shall undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by any agency of the United States Government. (2) Multilateral debt relief and other financial assistance.-- It is the sense of Congress that, upon receipt by the appropriate congressional committees of a certification described in subsection (d), the Secretary of the Treasury should-- (A) direct the United States executive director of each multilateral development bank to propose that the bank should undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that bank; and (B) direct the United States executive director of each international financial institution to which the United States is a member to propose to undertake financial and technical support for Zimbabwe, especially support that is intended to promote Zimbabwe's economic recovery and development, the stabilization of the Zimbabwean dollar, and the viability of Zimbabwe's democratic institutions. (c) Multilateral Financing Restriction.--Until the President makes the certification described in subsection (d), and except as may be required to meet basic human needs or for good governance, the Secretary of the Treasury shall instruct the United States executive director to each international financial institution to oppose and vote against-- (1) any extension by the respective institution of any loan, credit, or guarantee to the Government of Zimbabwe; or (2) any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the United States or any international financial institution. (d) Presidential Certification That Certain Conditions Are Satisfied.--A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the President that the following conditions are satisfied: (1) Restoration of the rule of law.--The rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association, and an end to the lawlessness, violence, and intimidation sponsored, condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities. (2) Election or pre-election conditions.--Either of the following two conditions is satisfied: (A) Presidential election.--Zimbabwe has held a presidential election that is widely accepted as free and fair by independent international monitors, and the president-elect is free to assume the duties of the office. (B) Pre-election conditions.--In the event the certification is made before the presidential election takes place, the Government of Zimbabwe has sufficiently improved the pre-election environment to a degree consistent with accepted international standards for security and freedom of movement and association. (3) Commitment to equitable, legal, and transparent land reform.--The Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program consistent with agreements reached at the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998. (4) Fulfillment of agreement ending war in democratic republic of congo.--The Government of Zimbabwe is making a good faith effort to fulfill the terms of the Lusaka, Zambia, agreement on ending the war in the Democratic Republic of Congo. (5) Military and national police subordinate to civilian government.--The Zimbabwean Armed Forces, the National Police of Zimbabwe, and other state security forces are responsible to and serve the elected civilian government. (e) Waiver.--The President may waive the provisions of subsection (b)(1) or subsection (c), if the President determines that it is in the national interest of the United States to do so. SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND INDEPENDENT MEDIA, AND THE RULE OF LAW. (a) In General.--The President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 to-- (1) support an independent and free press and electronic media in Zimbabwe; (2) support equitable, legal, and transparent mechanisms of land reform in Zimbabwe, including the payment of costs related to the acquisition of land and the resettlement of individuals, consistent with the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998, or any subsequent agreement relating thereto; and (3) provide for democracy and governance programs in Zimbabwe. (b) Funding.--Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 for fiscal year 2002-- (1) $20,000,000 is authorized to be available to provide the assistance described in subsection (a)(2); and (2) $6,000,000 is authorized to be available to provide the assistance described in subsection (a)(3). (c) Supersedes Other Laws.--The authority in this section supersedes any other provision of law. SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE. It is the sense of Congress that the President should begin immediate consultation with the governments of European Union member states, Canada, and other appropriate foreign countries on ways in which to-- (1) identify and share information regarding individuals responsible for the deliberate breakdown of the rule of law, politically motivated violence, and intimidation in Zimbabwe; (2) identify assets of those individuals held outside Zimbabwe; (3) implement travel and economic sanctions against those individuals and their associates and families; and (4) provide for the eventual removal or amendment of those sanctions. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Zimbabwe Democracy and Economic Recovery Act of 2001 - Declares it is U.S. policy to support the people of Zimbabwe in their struggles to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law.(Sec. 4) Directs the Secretary of the Treasury to review, and expresses the sense of Congress that the Secretary should instruct U.S. executive directors to multilateral development banks and international financial institutions to propose review of, the cancellation or reduction of indebtedness owed by, or the extension of loans, credit, or guarantees to, the Government of Zimbabwe upon the President's certification to the appropriate congressional committees that: (1) the rule of law has been restored in Zimbabwe; (2) certain election or pre-election conditions have been met; (3) the Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program that is consistent with agreements reached at the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998; (4) such Government is making a good faith effort to fulfill the terms of the Lusaka, Zambia, agreement in ending the war in the Democratic Republic of Congo; and (5) the Zimbabwean Armed Forces, the National Police of Zimbabwe, and other state security forces have become subordinate to the elected civilian Government. Directs the Secretary to instruct such U.S. executive directors to oppose such assistance to Zimbabwe until such certification is made. Authorizes the President to waive such requirements if it is in the national interest of the United States.(Sec. 5) Authorizes the President to provide certain foreign assistance funds to Zimbabwe to support the establishment of democratic institutions, free press and independent media, and the rule of law. Authorizes appropriations for FY 2002.(Sec. 6) Urges the President to consult immediately with the governments of European Union member states, Canada, and other appropriate foreign countries on identifying and imposing travel and economic sanctions against individuals responsible for the breakdown of the rule of law, politically motivated violence, and intimidation in Zimbabwe.

A bill to provide for a transition to democracy and to promote economic recovery in Zimbabwe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Preservation Act''. SEC. 2. INTERNET NEUTRALITY. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 12. INTERNET NEUTRALITY. ``(a) Duty of Broadband Service Providers.--With respect to any broadband service offered to the public, each broadband service provider shall-- ``(1) not block, interfere with, discriminate against, impair, or degrade the ability of any person to use a broadband service to access, use, send, post, receive, or offer any lawful content, application, or service made available via the Internet; ``(2) not prevent or obstruct a user from attaching or using any device to the network of such broadband service provider, only if such device does not physically damage or substantially degrade the use of such network by other subscribers; ``(3) provide and make available to each user information about such user's access to the Internet, and the speed, nature, and limitations of such user's broadband service; ``(4) enable any content, application, or service made available via the Internet to be offered, provided, or posted on a basis that-- ``(A) is reasonable and nondiscriminatory, including with respect to quality of service, access, speed, and bandwidth; ``(B) is at least equivalent to the access, speed, quality of service, and bandwidth that such broadband service provider offers to affiliated content, applications, or services made available via the public Internet into the network of such broadband service provider; and ``(C) does not impose a charge on the basis of the type of content, applications, or services made available via the Internet into the network of such broadband service provider; ``(5) only prioritize content, applications, or services accessed by a user that is made available via the Internet within the network of such broadband service provider based on the type of content, applications, or services and the level of service purchased by the user, without charge for such prioritization; and ``(6) not install or utilize network features, functions, or capabilities that impede or hinder compliance with this section. ``(b) Certain Management and Business-Related Practices.--Nothing in this section shall be construed to prohibit a broadband service provider from engaging in any activity, provided that such activity is not inconsistent with the requirements of subsection (a), including-- ``(1) protecting the security of a user's computer on the network of such broadband service provider, or managing such network in a manner that does not distinguish based on the source or ownership of content, application, or service; ``(2) offering directly to each user broadband service that does not distinguish based on the source or ownership of content, application, or service, at different prices based on defined levels of bandwidth or the actual quantity of data flow over a user's connection; ``(3) offering consumer protection services (including parental controls for indecency or unwanted content, software for the prevention of unsolicited commercial electronic messages, or other similar capabilities), if each user is provided clear and accurate advance notice of the ability of such user to refuse or disable individually provided consumer protection capabilities; ``(4) handling breaches of the terms of service offered by such broadband service provider by a subscriber, provided that such terms of service are not inconsistent with the requirements of subsection (a); or ``(5) where otherwise required by law, to prevent any violation of Federal or State law. ``(c) Exception.--Nothing in this section shall apply to any service regulated under title VI, regardless of the physical transmission facilities used to provide or transmit such service. ``(d) Stand-Alone Broadband Service.--A broadband service provider shall not require a subscriber, as a condition on the purchase of any broadband service offered by such broadband service provider, to purchase any cable service, telecommunications service, or IP-enabled voice service. ``(e) Implementation.--Not later than 180 days after the date of enactment of the Internet Freedom Preservation Act, the Commission shall prescribe rules to implement this section that-- ``(1) permit any aggrieved person to file a complaint with the Commission concerning any violation of this section; and ``(2) establish enforcement and expedited adjudicatory review procedures consistent with the objectives of this section, including the resolution of any complaint described in paragraph (1) not later than 90 days after such complaint was filed, except for good cause shown. ``(f) Enforcement.-- ``(1) In general.--The Commission shall enforce compliance with this section under title V, except that-- ``(A) no forfeiture liability shall be determined under section 503(b) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4); and ``(B) the provisions of section 503(b)(5) shall not apply. ``(2) Special orders.--In addition to any other remedy provided under this Act, the Commission may issue any appropriate order, including an order directing a broadband service provider-- ``(A) to pay damages to a complaining party for a violation of this section or the regulations hereunder; or ``(B) to enforce the provisions of this section. ``(g) Definitions.--In this section, the following definitions shall apply: ``(1) Affiliated.--The term `affiliated' includes-- ``(A) a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person; or ``(B) a person that has a contract or other arrangement with a content, applications, or service provider relating to access to or distribution of such content, applications, or service. ``(2) Broadband service.--The term `broadband service' means a 2-way transmission that-- ``(A) connects to the Internet regardless of the physical transmission facilities used; and ``(B) transmits information at an average rate of at least 200 kilobits per second in at least 1 direction. ``(3) Broadband service provider.--The term `broadband service provider' means a person or entity that controls, operates, or resells and controls any facility used to provide broadband service to the public, whether provided for a fee or for free. ``(4) IP-enabled voice service.--The term `IP-enabled voice service' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that service can originate traffic to, and terminate traffic from, the public switched telephone network ``(5) User.--The term `user' means any residential or business subscriber who, by way of a broadband service, takes and utilizes Internet services, whether provided for a fee, in exchange for an explicit benefit, or for free.''. SEC. 3. REPORT ON DELIVERY OF CONTENT, APPLICATIONS, AND SERVICES. Not later than 270 days after the date of enactment of this Act, and annually thereafter, the Federal Communications Commission shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the-- (1) ability of providers of content, applications, or services to transmit and send such information into and over broadband networks; (2) ability of competing providers of transmission capability to transmit and send such information into and over broadband networks; (3) price, terms, and conditions for transmitting and sending such information into and over broadband networks; (4) number of entities that transmit and send information into and over broadband networks; and (5) state of competition among those entities that transmit and send information into and over broadband networks.

Internet Freedom Preservation Act - Amends the Communications Act of 1934 to establish certain Internet neutrality duties for broadband service providers (providers), including not interfering with, or discriminating against, the ability of any person to use broadband service in a lawful manner. Allows providers to engage in activities in furtherance of certain management and business-related practices, such as protecting network security and offering consumer protection services such as parental controls. Prohibits a provider from requiring a subscriber, as a condition on the purchase of broadband service, to purchase any cable service, telecommunications service, or IP-enabled voice service. Requires a report from the Federal Communications Commission (FCC) to specified congressional committees on provider delivery of broadband content, applications, and services.

A bill to amend the Communications Act of 1934 to ensure net neutrality.

SECTION 1. PETITIONS CLAIMING UNREASONABLY HIGH AIR FARES OR INADEQUATE AIR CARRIER COMPETITION AT AIRPORTS. Section 41712 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``On the initiative''; and (2) by adding at the end the following: ``(b) Petitions Claiming Unreasonably High Air Fares or Inadequate Air Carrier Competition at Airports.-- ``(1) In general.--If the Secretary receives a petition submitted by the sponsor of a commercial service airport (or by the attorney general of a State on behalf of 1 or more persons, including governmental entities, with respect to an airport) claiming that fares for scheduled air transportation at the airport are unreasonably high, or that competition between air carriers at the airport is inadequate, the Secretary shall investigate and hold a public hearing on the petition before the expiration of the 90-day period beginning on the date of receipt of the petition. ``(2) Location of hearing.--A public hearing under paragraph (1) shall be held in the community served by the airport if requested in the petition and if practicable. ``(3) Information to be provided by air carriers.--An air carrier providing air transportation at the airport shall provide to the Secretary pursuant to section 41708 such information concerning fares for air transportation and air service at the airport as the Secretary considers necessary to making findings in response to the petition. ``(4) Opportunity to testify.--A sponsor of an airport or an attorney general of a State submitting a petition under paragraph (1), and each air carrier providing air transportation at the airport, shall be provided an opportunity to testify at the public hearing conducted with respect to the petition. The Secretary may also take testimony from other interested persons and shall consider all written petitions received in response to each petition. ``(5) Findings.--Not later than 60 days after the date on which a public hearing is convened with respect to a petition submitted under this subsection, the Secretary shall issue written findings in response to the issues raised in the petition, including, at a minimum, findings as to-- ``(A) subject to paragraph (8), whether fares for air transportation at the airport are substantially higher than at comparable airports in the Nation; ``(B) whether air carrier costs to provide air transportation at the airport appear substantially higher than at comparable airports; ``(C) whether barriers to entry are discouraging or preventing other air carriers from initiating competitive air transportation at the airport; ``(D) whether marketing practices described in subsection (c) or other air carrier practices are contributing to such barriers to entry or are otherwise resulting in higher air carrier costs or higher fares for air transportation; and ``(E) as appropriate, whether any programs under the Secretary's authority could be helpful to airports in marketing their facilities to air carriers, reducing fares for air transportation, or minimizing barriers to entry by other air carriers seeking to provide air transportation at the airport. ``(6) Subsequent petitions.--If the Secretary receives a petition under this section with respect to an airport for which the Secretary has previously conducted an investigation and public hearing under this subsection, the Secretary may decide not to conduct a subsequent investigation and public hearing in response to the new petition. In deciding whether to conduct the investigation and public hearing, the Secretary shall consider whether changed circumstances may have limited the continuing validity of the Secretary's previous findings with respect to the airport. ``(7) Reports to congress.--Not later than 180 days after the date of enactment of this subsection, and at the end of each 180-day period thereafter, the Secretary shall transmit to Congress a report on the results of the investigations, if any, completed under this subsection during that period. ``(8) Limitation on statutory construction.--Nothing in this subsection may be construed to authorize the Secretary to set or invalidate any fare for air transportation. ``(c) Marketing Practices That Adversely Affect Air Carrier Competition.-- ``(1) Review.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports, including-- ``(A) marketing arrangements between air carriers and travel agents; ``(B) code-sharing partnerships; ``(C) frequent flyer incentive programs and restrictions on purchases of frequent flyer mileage by other air carriers; ``(D) computer reservation system displays; ``(E) gate arrangements at airports; ``(F) exclusive dealing arrangements; and ``(G) any other marketing practices that may have similar impacts. ``(2) Regulations.--If the Secretary finds, after conducting the review required by paragraph (1), that 1 or more marketing practices of air carriers inhibit the availability of quality, affordable air transportation services at commercial service airports, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations to address the marketing practices.''.

Amends Federal aviation law to require the Secretary of Transportation to investigate and hold a public hearing with respect to each petition by the sponsor of a commercial service airport (or by the attorney general of a State on behalf of one or more persons, including governmental entities, with respect to an airport) claiming that fares for air transportation at an airport are unreasonably high, or that competition between air carriers at the airport is inadequate. Directs the Secretary to: (1) issue written findings in response to the issues raised in the petition; and (2) report to Congress the results of the investigations, if any. Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports. Requires the Secretary, if it is determined that one or more marketing practices of air carriers inhibit such services, to issue regulations addressing such practices.

To amend title 49, United States Code, to require the Secretary of Transportation to investigate and hold public hearings in response to petitions claiming unreasonably high air fares or inadequate air carrier competition at airports.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Cyberspace Coordination Act of 2015''. SEC. 2. NATIONAL OFFICE FOR CYBERSPACE. (a) Coordination of Federal Information Policy.--Subchapter II of chapter 35 of title 44, United States Code, is amended-- (1) in section 3552(b), by adding at the end the following new paragraphs: ``(8) The term `Director' means the Director of the National Office for Cyberspace. ``(9) The term `information infrastructure' means the underlying framework that information systems and assets rely on in processing, storing, or transmitting information electronically.''; (2) in section 3553-- (A) in subsection(a)-- (i) in paragraph (5), by striking ``; and'' and inserting a semicolon; (ii) in paragraph (6), by striking the period at the end and inserting a semicolon; and (iii) by inserting after paragraph (6) the following new paragraphs: ``(7) reviewing at least annually, and approving or disapproving, agency information security programs required under section 3554(b); ``(8) coordinating the defense of information infrastructure operated by agencies in the case of a large- scale attack on information infrastructure, as determined by the Director; ``(9) coordinating information security training for Federal employees with the Office of Personnel Management; ``(10) ensuring the adequacy of protections for privacy and civil liberties in carrying out the responsibilities of the Director under this subchapter; ``(11) making recommendations that the Director determines are necessary to ensure risk-based security of the Federal information infrastructure and information infrastructure that is owned, operated, controlled, or licensed for use by, or on behalf of, the Department of Defense, a military department, or another element of the intelligence community to-- ``(A) the Director of the Office of Management and Budget; ``(B) the head of an agency; or ``(C) to Congress with regard to the reprogramming of funds; ``(12) ensuring, in consultation with the Administrator of the Office of Information and Regulatory Affairs, that the efforts of agencies relating to the development of regulations, rules, requirements, or other actions applicable to the national information infrastructure are complementary; ``(13) when directed by the President, carrying out the responsibilities for national security and emergency preparedness communications described in section 706 of the Communications Act of 1934 (47 U.S.C. 606) to ensure integration and coordination; and ``(14) as assigned by the President, other duties relating to the security and resiliency of cyberspace.''; (3) by adding at the end of section 3554, the following new subsection: ``(f) Budget Assessment and Reporting.-- ``(1) Agency submission.--The head of each agency shall submit to the Director a budget each year for the following fiscal year relating to the protection of information infrastructure for such agency, by a date determined by the Director that is before July 1 of each year. Such budget shall include-- ``(A) a review of any threats to information technology for such agency; ``(B) a plan to secure the information infrastructure for such agency based on threats to information technology, using the National Institute of Standards and Technology guidelines and recommendations; ``(C) a review of compliance by such agency with any previous year plan described in subparagraph (B); and ``(D) a report on the development of the credentialing process to enable secure authentication of identity and authorization for access to the information infrastructure of such agency. ``(2) Assessment and certification.--The Director shall assess and certify the adequacy of each budget submitted under paragraph (1). ``(3) Agency recommendations.--Not later than July 1 of each year, the Director shall submit to the head of each agency budget recommendations, including requests for specific initiatives that are consistent with the priorities of the President relating to the protection of information infrastructure. Such budget recommendations shall-- ``(A) apply to the next budget year scheduled for formulation under chapter 11 of title 31, and each of the 4 subsequent fiscal years; and ``(B) address funding priorities developed in the National Office for Cyberspace. ``(4) Recommendations to the president.--The Director shall make recommendations to the President that the Director determines are appropriate regarding changes in the organization, management, and budget of each agency relating to the protection of information infrastructure in each such agency, and changes in the allocation of personnel to and within such agency, including monetary penalties or incentives necessary to encourage and maintain accountability of any agency, or senior agency official, for efforts to secure the information infrastructure of such agency.''; and (4) by adding at the end the following new section: ``Sec. 3559. National Office for Cyberspace ``(a) Establishment.--There is established within the Executive Office of the President an office to be known as the National Office for Cyberspace. ``(b) Director.-- ``(1) In general.--There shall be at the head of the National Office for Cyberspace a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director of the National Office for Cyberspace shall administer all functions designated to such Director under section 3553 and collaborate to the extent practicable with the heads of appropriate agencies, the private sector, and international partners. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure and related capabilities for the Federal Government, while promoting national economic interests, security, and civil liberties. ``(2) Basic pay.--The Director of the National Office for Cyberspace shall be paid at the rate of basic pay for level III of the Executive Schedule. ``(c) Staff.--The Director of the National Office for Cyberspace may appoint and fix the pay of additional personnel as the Director considers appropriate. ``(d) Experts and Consultants.--The Director of the National Office for Cyberspace may procure temporary and intermittent services under section 3109(b) of title 5.''. (b) Technical and Conforming Amendments.--The table of sections for subchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``3559. National Office for Cyberspace.''. (c) National Strategy Required.--Not later than one year after the date of the enactment of this Act, the Director of the National Office for Cyberspace shall establish a national strategy for improving agency information security. (d) Effective Date.--This section, and the amendments made by this section, shall take effect 180 days after the date of the enactment of this Act.

Executive Cyberspace Coordination Act of 2015 This bill establishes the National Office for Cyberspace within the Executive Office of the President, to be headed by a Director. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure while promoting national economic interests, security, and civil liberties. The bill defines "information infrastructure" as the underlying framework that information systems and assets rely on to process, store, or transmit information electronically. The bill assigns new duties to the Director, including: (1) reviewing at least annually, and approving or disapproving, agency information security programs; (2) coordinating information security training for federal employees with the Office of Personnel Management; and (3) ensuring the adequacy of protections for privacy and civil liberties. The head of each agency must submit to the Director an annual budget relating to the protection of information infrastructure for the agency, which shall include a review of any threats to information technology for such agency and a plan to secure the information infrastructure for such agency based on threats to information technology.

Executive Cyberspace Coordination Act of 2015

SECTION 1. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR THRIFT SAVINGS PLAN PARTICIPANTS. (a) Participation in the Thrift Savings Plan.--Section 8351(b) of title 5, United States Code, is amended-- (1) by amending paragraph (4) to read as follows: ``(4) Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment.''; (2) by striking out paragraphs (5), (6), and (8); (3) by redesignating paragraphs (7), (9), and (10) as paragraphs (5), (6), and (7), respectively; (4) in paragraph (5)(C) (as redesignated under paragraph (3) of this subsection) by striking out ``or former spouse'' in both places it appears; (5) by amending paragraph (6) (as redesignated under paragraph (3) of this subsection) to read as follows: ``(6) Notwithstanding paragraph (4), if an employee or Member separates from Government employment and such employee's or Member's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b) of this title.''; and (6) in paragraph (7) (as redesignated under paragraph (3) of this subsection) by striking out ``nonforfeiture'' and inserting in lieu thereof ``nonforfeitable''. (b) Benefits and Election of Benefits.--Section 8433 of title 5, United States Code, is amended-- (1) in subsection (b) by striking out the matter before paragraph (1) and inserting in lieu thereof ``Subject to section 8435 of this title, any employee or Member who separates from Government employment entitled to an annuity under subchapter II of this chapter or any employee or Member who separates from Government employment is entitled and may elect--''; (2) by striking out subsections (c) and (d) and redesignating subsections (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), and (g), respectively; (3) in subsection (c)(1) (as redesignated under paragraph (2) of this subsection) by striking out ``or (c)(4) or required under subsection (d) directly to an eligible retirement plan or plans) (as defined in section 402(a)(5)(E) of the Internal Revenue Code of 1954)'' and inserting in lieu thereof ``directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986)''; (4) in subsection (d)(2) (as redesignated under paragraph (2) of this subsection) by striking out ``or (c)(2)''; and (5) in subsection (f) (as redesignated under paragraph (2) of this subsection)-- (A) by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) in paragraph (1) (as redesignated under subparagraph (A) of this paragraph)-- (i) by striking out ``Notwithstanding subsections (b) and (c), if an employee or Member separates from Government employment under circumstances making such an employee or Member eligible to make an election under either of those subsections, and such employee's or Member's'' and inserting in lieu thereof ``Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee's or Member's''; and (ii) by striking out ``or (c), as applicable''; and (C) in paragraph (2) (as redesignated under subparagraph (A) of this paragraph) by striking out ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraph (1)''. (c) Annuities: Methods of Payment; Election; Purchase.--Section 8434(c) of title 5, United States Code, is amended to read as follows: ``(c) Notwithstanding an elimination of a method of payment by the Board an employee, Member, former employee, or former Member may elect the eliminated method if the elimination of such method became effective less than 5 years before the date on which the annuity commences.''. (d) Protections for Spouses and Former Spouses.--Section 8435 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(A) by striking out ``subsection (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title or change an election previously made under subsection (b)(1), (b)(2), (c)(1), or (c)(2)'' and inserting in lieu thereof ``subsection (b)(3) or (b)(4) of section 8433 of this title or change an election previously made under subsection (b)(1) or (b)(2)''; (2) by striking out subsection (b); (3) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (b), (c), (d), (e), (f), (g), and (h), respectively; (4) in subsection (b) (as redesignated under paragraph (3) of this subsection) by amending paragraph (2) to read as follows: ``(2) Paragraph (1) shall not apply, if-- ``(A) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or ``(B) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described under subsection (a)(2) (A) or (B) make the requirement of a joint waiver inappropriate.''; and (5) in subsection (c)(1) (as redesignated under paragraph (3) of this subsection) by striking out ``and a transfer may not be made under section 8433(d) of this title''. (e) Justices and Judges.--Section 8440a(b) of title 5, United States Code, is amended-- (1) in paragraph (5) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; and (2) by striking out paragraphs (7) and (8) and inserting in lieu thereof the following: ``(7) Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, or resigns without having met the age and service requirements set forth under section 371(c) of title 28, and such justice's or judge's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b).''. (f) Bankruptcy Judges and Magistrates.--Section 8440b of title 5, United States Code, is amended-- (1) in subsection (b)(4) by amending subparagraph (B) to read as follows: ``(B) Section 8433(b) of this title applies to any bankruptcy judge or magistrate who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before attaining age 65 but is entitled, upon attaining age 65, to an annuity under section 377 of title 28 or section 2(c) of the Retirement and Survivors Annuities for Bankruptcy Judges and Magistrates Act of 1988.''; (2) in subsection (b)(4)(C) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; (3) in subsection (b)(5) by striking out ``retirement under section 377 of title 28 is'' and inserting in lieu thereof ``any of the actions described under paragraph (4) (A), (B), or (C) shall be considered''; (4) in subsection (b) by striking out paragraph (8) and redesignating paragraph (9) as paragraph (8); and (5) in paragraph (8) of subsection (b) (as redesignated under paragraph (4) of this subsection)-- (A) by striking out ``Notwithstanding subparagraphs (A) and (B) of paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b) or (c)'' and inserting in lieu thereof ``Notwithstanding paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b)''; and (B) by striking out ``and (c), as applicable''. (g) Claims Court Judges.--Section 8440c of title 5, United States Code, is amended-- (1) in subsection (b)(4)(B) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; (2) in subsection (b)(5) by striking out ``retirement under section 178 of title 28, is'' and inserting in lieu thereof ``any of the actions described in paragraph (4) (A) or (B) shall be considered''; (3) in subsection (b) by striking out paragraph (8) and redesignating paragraph (9) as paragraph (8); and (4) in paragraph (8) (as redesignated under paragraph (3) of this subsection) by striking out ``Notwithstanding paragraph (4)(A)'' and inserting in lieu thereof ``Notwithstanding paragraph (4)''. (h) Judges of the United States Court of Veterans Appeals.--Section 8440d(b)(5) of title 5, United States Code, is amended by striking out ``A transfer shall be made as provided under section 8433(d) of this title'' and inserting in lieu thereof ``Section 8433(b) of this title applies''. (i) Technical and Conforming Amendments.--Chapters 83 and 84 of title 5, United States Code, are amended-- (1) in section 8351(b)(5)(B) (as redesignated under subsection (a)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (2) in section 8351(b)(5)(D) (as redesignated under subsection (a)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (3) in section 8433(b)(4) by striking out ``subsection (e)'' and inserting in lieu thereof ``subsection (c)''; (4) in section 8433(d)(1) (as redesignated under subsection (b)(2) of this section) by striking out ``(d) of section 8435'' and inserting in lieu thereof ``(c) of section 8435''; (5) in section 8433(d)(2) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(d)'' and inserting in lieu thereof ``section 8435(c)''; (6) in section 8433(e) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(d)(2)'' and inserting in lieu thereof ``section 8435(c)(2)''; (7) in section 8433(g)(5) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(f)'' and inserting in lieu thereof ``section 8435(e)''; (8) in section 8434(b) by striking out ``section 8435(c)'' and inserting in lieu thereof ``section 8435(b)''; (9) in section 8435(a)(1)(B) by striking out ``subsection (c)'' and inserting in lieu thereof ``subsection (b)''; (10) in section 8435(d)(1)(B) (as redesignated under subsection (d)(3) of this section) by striking out ``subsection (d)(2)'' and inserting in lieu thereof ``subsection (c)(2)''; (11) in section 8435(d)(3)(A) (as redesignated under subsection (d)(3) of this section) by striking out ``subsection (c)(1)'' and inserting in lieu thereof ``subsection (b)(1)''; (12) in section 8435(d)(6) (as redesignated under subsection (d)(3) of this section) by striking out ``or (c)(2)'' and inserting in lieu thereof ``or (b)(2)''; (13) in section 8435(e)(1)(A) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (14) in section 8435(e)(2) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i) of this title shall not be approved if approval would have the result described in subsection (d)(1)'' and inserting in lieu thereof ``section 8433(g) of this title shall not be approved if approval would have the result described under subsection (c)(1)''; (15) in section 8435(g) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (16) in section 8437(c)(5) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; and (17) in section 8440a(b)(6) by striking out ``section 8351(b)(7)'' and inserting in lieu thereof ``section 8351(b)(5)''. (j) Interim Provision.--Section 8433(d) of title 5, United States Code, is amended by striking out ``shall transfer the amount of the balance'' and inserting in lieu thereof ``may transfer the amount of the balance''. (k) Effective Dates.--(1) Except as provided in paragraph (2), the provisions of this section shall take effect 1 year after the date of enactment of this Act or upon such other date as the Executive Director of the Federal Retirement Thrift Investment Board shall provide in regulation. (2) The provisions of subsection (j) of this section shall take effect upon the date of the enactment of this Act. Passed the Senate November 24 (legislative day, November 23), 1993. Attest: WALTER J. STEWART, Secretary.

Revises the Thrift Savings Plan (TSP), with changes providing separating TSP participants with the same options for withdrawal.

A bill to standardize withdrawal options for Thrift Savings Plan participants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuels Pipelines Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) creating the appropriate infrastructure to move renewable fuels is a necessary energy and transportation objective for the United States; (2) as of the date of enactment of this Act, more than 70 percent of the gasoline supply of the United States is delivered to local terminals through pipelines; (3) pipelines are the most cost-effective, efficient, and safe transportation mode in use in 2009 to deliver large volumes of liquid fuels; (4) as of the date of enactment of this Act, renewable fuels are transported by truck, barge, and rail, and the volume requirements of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.), and the amendments made by that Act, will require an expansion of the renewable fuels infrastructure; (5) the transportation of renewable fuels through a pipeline will facilitate the meeting of the volume requirements of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.) and the amendments made by that Act; and (6) the production and use of renewable fuels is supported by Federal policy and a corresponding Federal policy is necessary to support the construction of an appropriate infrastructure to transport those fuels. SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: ``(6) Renewable fuel.--The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on January 1, 2009, except that the term includes ethanol and biodiesel. ``(7) Renewable fuel pipeline.--The term `renewable fuel pipeline' means a common carrier pipeline for transporting renewable fuel in accordance with this title.''. (b) Specific Appropriation or Contribution.--Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by striking ``No'' and inserting ``Except with respect to a project described in section 1703(f), no''. (c) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C. 16512(c)) is amended-- (1) by striking ``(c) Amount.--Unless'' and inserting the following: ``(c) Amount.-- ``(1) In general.--Unless''; and (2) by adding at the end the following: ``(2) Renewable fuel pipelines.--With respect to a project described in section 1703(f)-- ``(A) a guarantee by the Secretary shall not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantee, as estimated at the time at which the guarantee is issued; and ``(B) the Secretary may make more than 1 guarantee for the project, to the extent that the sum of all guarantees for the project does not exceed an amount equal to 90 percent of the project cost of the renewable fuel pipeline that is the subject of the guarantees, as estimated any time after the original guarantee is issued.''. (d) Eligible Projects.--Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at the end the following: ``(f) Renewable Fuel Pipelines.-- ``(1) In general.--The Secretary may make guarantees under this title for projects to construct renewable fuel pipelines without regard to any limitation imposed by this section other than a limitation imposed by this subsection. ``(2) Guarantee determinations.--In determining whether to make a guarantee for a project described in paragraph (1), the Secretary shall consider the following: ``(A) The volume of renewable fuel to be moved by the renewable fuel pipeline. ``(B) The size of the markets to be served by the renewable fuel pipeline. ``(C) The existence of sufficient storage to facilitate access to the markets to be served by the renewable fuel pipeline. ``(D) The proximity of the renewable fuel pipeline to renewable fuel production facilities. ``(E) The investment in terminal infrastructure of the entity carrying out the proposed project to construct a renewable fuel pipeline. ``(F) The history and experience working with renewable fuel of the entity carrying out the proposed project to construct a renewable fuel pipeline. ``(G) The ability of the entity carrying out the proposed project to construct a renewable fuel pipeline to ensure and maintain the quality of the renewable fuel through the terminal system of the entity and through the dedicated pipeline system. ``(H) The ability of the entity carrying out the proposed project to construct a renewable fuel pipeline to complete such proposed project in a timely manner. ``(I) The ability of the entity carrying out the proposed project to construct a renewable fuel pipeline to secure property rights-of-way. ``(J) Other criteria the Secretary determines appropriate for consideration. ``(3) Loan guarantee for preliminary stage.-- ``(A) In general.--The Secretary-- ``(i) shall evaluate a project to assemble a renewable fuel pipeline under this title as a complete project; but ``(ii) as a result of the size and nature of the project, the Secretary may make a guarantee under this title for an initial loan to assemble the renewable fuel pipeline at a preliminary stage in the loan approval process for the complete project. ``(B) Amount.--The amount of a loan that is guaranteed at the preliminary stage of a renewable fuel pipeline project under this paragraph-- ``(i) shall not exceed 2 percent of the total amount of loan guarantees made for the complete project; and ``(ii) shall be incorporated into the total amount of loan guarantees made for the complete project. ``(C) Required information.--To be eligible to obtain a loan guarantee at the preliminary stage of a renewable fuel pipeline project under this paragraph, the applicant shall provide to the Secretary-- ``(i) a route description for the project, including a centerline map of the proposed pipeline route subject to field verification and right-of-way acquisition (with a margin of error of 10 miles); ``(ii) a construction cost estimate and schedule for completion of the project; ``(iii) an environmental review of the impact of the project on sensitive areas, including likely mitigation strategies and a plan for conducting the necessary environmental impact statements; and ``(iv) a business plan that includes-- ``(I) a market assessment; ``(II) an economic analysis; and ``(III) an analysis of any required pipeline connections to biorefineries, terminal locations, and other terminal connections. ``(D) Supporting information.--In making a loan guarantee at the preliminary stage of a renewable fuel pipeline project under this paragraph, the Secretary shall consider whether an applicant provides to the Secretary-- ``(i) a comprehensive project plan that includes a full work plan; ``(ii) a full engineering summary; ``(iii) a detailed assessment of the ability of the applicant to complete the project in a timely manner; ``(iv) a right of way acquisition plan; ``(v) appropriate environmental studies; and ``(vi) a plan for acquiring necessary permits. ``(4) Eminent domain.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may provide to the owner of a renewable fuel pipeline under this title the same rights of eminent domain that the Federal Energy Regulatory Commission is authorized to provide to a natural gas company under section 7(h) of the Natural Gas Act (15 U.S.C. 717f(h)). ``(B) Certificate of public convenience and necessity.--An owner of a renewable fuel pipeline under this title shall not be required to hold a certificate of public convenience and necessity, or any comparable certificate, to exercise the rights of eminent domain under this title. ``(5) Renewable fuel pipeline ratemaking methodology.-- Consistent with the ratemaking methodology used for a natural gas company under the Natural Gas Act (15 U.S.C. 717 et seq.), the Federal Energy Regulatory Commission shall have jurisdiction over the ratemaking methodology used for renewable fuel transported by pipeline.''. (e) Authorization of Appropriations.--Section 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end the following: ``(c) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary to provide up to $5,000,000,000 in loan guarantees under this title for projects described in section 1703(f).''. (f) Temporary Program for Rapid Deployment of Renewable Energy and Electric Power Transmission Projects.--Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end the following: ``(4) Renewable fuel pipelines.''. SEC. 4. FINAL RULE. Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall-- (1) publish in the Federal Register a final rule for carrying out a guarantee program for the construction of renewable fuel pipelines under title XVII of the Energy Policy Act of 2005 (22 U.S.C. 16511 et seq.) in accordance with the amendments made by this Act; or (2) modify rules and regulations applicable as of the date of enactment of this Act to the guarantee program under that title in accordance with the amendments made by this Act.

Renewable Fuels Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel. Allows a maximum guarantee by the Secretary of Energy of 90% of the pipeline project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%). Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities. Authorizes the Secretary to evaluate a project to assemble a renewable fuel pipeline as a complete project and, as a result of the size and nature of the project, to make a guarantee for an initial loan at a preliminary stage in the loan approval process for the complete project.

A bill to amend the Energy Policy Act of 2005 to provide loan guarantees for projects to construct renewable fuel pipelines, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Error Prevention Act of 2002''. SEC. 2. VOLUNTARY REPORTING PROGRAM REGARDING MEDICATION ERRORS; DEVELOPMENT AND DISSEMINATION OF RECOMMENDATIONS FOR PREVENTING MEDICATION ERRORS. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following section: ``SEC. 249. VOLUNTARY REPORTING PROGRAM REGARDING MEDICATION ERRORS; DEVELOPMENT AND DISSEMINATION OF RECOMMENDATIONS FOR PREVENTING MEDICATION ERRORS. ``(a) Privileged Legal Status of Reported Information.--If the Secretary approves a program as meeting the criteria described in subsection (b) to serve as the reporting program for purposes of this section, any medication error information submitted to the reporting program by a health care provider pursuant to an agreement under paragraph (3) of such subsection is privileged for purposes of Federal and State judicial proceedings in civil matters, and for purposes of Federal and State administrative proceedings, including with respect to discovery and subpoenas. ``(b) Criteria for Reporting Program.--With respect to the approval by the Secretary of a reporting program for purposes of this section, the criteria referred to in subsection (a) are as follows: ``(1) The reporting program is operated by The United States Pharmacopeial Convention, Incorporated (except that if such entity declines to operate a reporting program for purposes of this section, the Secretary may accept another nonprofit private entity for such purposes). ``(2) Under such program, health care providers voluntarily submit medication error information to the program, and the program uses the information for the purpose of developing and disseminating recommendations and information with respect to preventing such errors, including recommendations in the form of protocols, procedures, and best-practices information. ``(3) The use by the program of medication error information submitted to the program by a health care provider is governed by an agreement entered into by the program and the provider. ``(4) Such agreement includes the following policies (without regard to whether the following language is used in the agreement): ``(A) Subject to subparagraph (B), the reporting program reserves the right to disclose to third parties medication error information submitted by a health care provider if, in the judgment of the program, the information can be used for purposes of furthering research, education, standards setting, improvement in processes, product improvement, public health, or public safety. ``(B) If such a disclosure is made, the extent of information disclosed will be limited to the information required to meet the purposes described in subparagraph (A). ``(c) Federal Disclosures.--Officers and employees of a Federal agency may not disclose any medication error information that is received by the agency from the reporting program pursuant to an agreement between the agency and the program, except to the extent that disclosure of the information is authorized by the agreement. The preceding sentence applies notwithstanding any other provision of law. ``(d) Scope of Privilege.--With respect to Federal and State judicial proceedings in civil matters, and Federal and State administrative proceedings: ``(1) In the case of a health care provider: ``(A) The privilege under subsection (a) protects all medication error information of the provider that is provided in a submission to the reporting program or is developed for purposes of such a submission, subject to subparagraph (B). ``(B) The privilege does not protect medication error information in patient medical records of the provider, or other information that is in the custody of the provider and is developed or maintained by the provider separately from the process of developing medication error information for submission to the program. ``(2) In the case of the reporting program, the privilege protects all medication error information that is received by the program pursuant to agreements under subsection (b)(3). ``(3) In the case of other entities (whether public or private), the privilege protects all medication error information that is received by the entity from the reporting program pursuant to an agreement between the entity and the program, except to the extent that disclosure of the information is authorized by the agreement. ``(e) Rule of Construction.--The submission by a health care provider of medication error information to the reporting program may not be construed as waiving any privilege that, under Federal or State constitutions or laws, may exist with respect to the information. ``(f) Definitions.--For purposes of this section: ``(1) The term `health care provider' means individuals and organizations that provide health services. Such term includes-- ``(A) physicians, nurses, pharmacists, and other health professionals; and ``(B) hospitals, pharmacies, clinics, long-term care facilities, intermediate care facilities, residential treatment centers, and other entities that provide health services. ``(2) The term `medication error' means any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use. ``(3) The term `medication error information' means information developed by or on behalf of a health care provider in connection with a medication error. ``(4) The term `reporting program' means the program approved under subsection (a).''.

Medication Error Prevention Act of 2002 - Amends the Public Health Service Act to make medication error information privileged for Federal and State administrative and civil judicial proceedings if the information is voluntarily submitted by a health care provider to a program, approved by the Secretary of Health and Human Services, for the purpose of developing and disseminating recommendations and information regarding preventing such errors.

To amend the Public Health Service Act to provide for voluntary reporting by health care providers of medication error information in order to assist appropriate public and nonprofit private entities in developing and disseminating recommendations and information with respect to preventing medication errors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Speak Up to Protect Every Abused Kid Act''. SEC. 2. CHILD ABUSE AND NEGLECT. Section 3(2) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended to read as follows: ``(2) the term `child abuse or neglect' means, at a minimum-- ``(A) any recent act or failure to act, on the part of a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm; or ``(B) any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child.''. SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING. The Child Abuse Prevention and Treatment Act is amended by inserting after section 103 (42 U.S.C. 5104) the following: ``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(a) In General.--The Secretary shall make grants to eligible entities to carry out educational campaigns and provide training regarding State laws for mandatory reporting of incidents of child abuse or neglect. ``(b) Guidance and Information on Best Practices.--The Secretary shall develop and disseminate guidance and information on best practices for-- ``(1) educational campaigns to educate members of the public about-- ``(A) the acts and omissions that constitute child abuse or neglect under State law; ``(B) the responsibilities of adults to report suspected and known incidents of child abuse or neglect under State law; and ``(C) the ways in which adults can respond to help children and families without such reporting in a case in which the circumstances do not constitute child abuse or neglect under State law but the child or family needs assistance to prevent such circumstances from deteriorating so as to constitute child abuse or neglect; and ``(2) training programs to improve such reporting by adults, with a focus on adults who work with children in a professional or volunteer capacity. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In determining whether to make a grant under this section, the Secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection (b). ``(d) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2012 and $10,000,000 for each of fiscal years 2013 through 2016.''. SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking ``(B) an assurance'' and all that follows through clause (i), and inserting the following: ``(B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes-- ``(i) provisions or procedures for an individual to report suspected or known incidents of child abuse or neglect to a State child protective service agencies or to law enforcement agencies, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any adult;''. SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5107c(b)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by adding at the end the following: ``(C) train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law; and''; and (2) in paragraph (5), by inserting before the period ``and the training described in paragraph (4)(C)''. (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. 5107c(e)(2)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(3) evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law.''. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 5107c(e)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies.''. SEC. 6. GENERAL PROGRAM GRANTS. Section 108 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d) is amended by adding at the end the following: ``(f) Mandatory Reporting.--To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 7. REPORTS. Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the following: ``(e) Report on State Mandatory Reporting Laws.-- ``(1) Study.--Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act, the Secretary shall collect information on and otherwise study the efforts of States relating to State laws for mandatory reporting of incidents of child abuse or neglect, in order to-- ``(A) assess the implementation of the amendments made by that Act; and ``(B) provide an update on-- ``(i) implementation of State laws for mandatory reporting described in section 106(b)(2)(B)(i); and ``(ii) State efforts to improve reporting on, and responding to reports of, child abuse or neglect. ``(2) Report.--Not later than 4 years after that date of enactment, the Secretary shall submit to the appropriate committees of Congress a report containing the findings of the study.''. SEC. 8. COMMUNITY-BASED GRANTS. Section 204 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Mandatory Reporting Requirements.--The amendments made by sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and applications submitted after the date that is 2 years after the date of enactment of this Act.

Speak Up to Protect Every Abused Kid Act - Amends the Child Abuse Prevention and Treatment Act (CAPTA) to specify in the definition of "child abuse or neglect" any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child. Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain an assurance in the form of a certification by the state governor that the state has in effect and is enforcing a state law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes provisions or procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to a state child protective services agencies or to law enforcement agencies, which shall include a state law for mandatory reporting of such agencies, to either type of agency, by any adult. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will train adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary of HHS to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect.

A bill to amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reach Every Mother and Child Act of 2017''. SEC. 2. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD DEATHS GLOBALLY. The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end of chapter I of part I the following new section: ``SEC. 137. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD DEATHS GLOBALLY. ``(a) Purpose.--The purpose of this section is to implement a strategic approach for providing foreign assistance in order to end preventable child and maternal deaths globally by 2030. ``(b) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the United States Agency for International Development. ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and ``(B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. ``(3) Coordinator.--The term `Coordinator' means the Child and Maternal Survival Coordinator established under subsection (e). ``(4) Relevant partner entities.--The term `relevant partner entities' means each of the following: ``(A) The governments of other donor countries. ``(B) International financial institutions. ``(C) Nongovernmental organizations. ``(D) Faith-based organizations. ``(E) Professional organizations ``(F) The private sector. ``(G) Multilateral organizations. ``(H) Local and international civil society groups. ``(I) Local health workers. ``(J) International organizations. ``(5) Target countries.--The term `target countries' means specific countries that have the greatest need and highest burden of child and maternal deaths, taking into consideration countries that-- ``(A) have high-need communities in fragile states or conflict-affected states; ``(B) are low- or middle-income countries; or ``(C) are located in regions with weak health systems. ``(c) Statement of Policy.--It is the policy of the United States, in partnership with target countries and relevant partner entities, to establish and implement a coordinated, integrated, and comprehensive strategy to combat the leading causes of maternal, newborn, and child mortality globally and ensure healthy and productive lives by-- ``(1) scaling up the highest impact, evidence-based interventions, including for the most vulnerable populations, with a focus on country ownership; ``(2) designing, implementing, monitoring, and evaluating programs in a way that enhances transparency and accountability, increases sustainability, and improves outcomes in target countries; and ``(3) supporting the development and scale up of innovative tools and approaches to accelerate progress toward ending preventable child and maternal deaths. ``(d) Strategy.-- ``(1) In general.--Not later than one year after the date of the enactment of the Reach Every Mother and Child Act of 2017, the President shall establish and implement a comprehensive five-year, whole-of-government strategy to achieve, with target countries and donors, the goal of ending preventable child and maternal deaths globally and ensure healthy and productive lives by 2030. ``(2) Elements.--The strategy established under paragraph (1) shall-- ``(A) set outcome-based targets to achieve the goals of the strategy and ascertain baseline data relevant for each target country and for all areas of focus and programming as of the date of the release of the strategy; ``(B) utilize United States Government strategies and frameworks relevant to ending preventable child and maternal deaths, including specific objectives, programs, and approaches to implement highest impact, evidence-based interventions to address the leading causes of death, particularly among the most vulnerable populations, of-- ``(i) women related to pregnancy, childbirth, and post delivery; ``(ii) newborns in their first 28 days; and ``(iii) infants and children under the age of five years old; ``(C) include development and scale up of new technologies and approaches, including those supported by public-private partnerships, for research and innovation; ``(D) promote coordination and efficiency within and amongst the relevant executive branch agencies and initiatives, including the United States Agency for International Development, the Department of State, the Department of Health and Human Services, the Centers for Disease Control and Prevention, the National Institutes of Health, the Millennium Challenge Corporation, the Peace Corps, the Department of the Treasury, the Office of the Global AIDS Coordinator, and the President's Malaria Initiative; ``(E) project general levels of resources needed to achieve the strategy's stated objectives; ``(F) identify strategies for leveraging resources in new and innovative ways; ``(G) align with country-driven maternal, newborn, and child health and survival plans and improve coordination with foreign governments and international organizations; ``(H) outline consultations with target countries and relevant partner entities as appropriate; ``(I) implement results-based contracting (such as pay-for-success) and financial and operational risk reduction; ``(J) promote a shift towards investments that support inclusive and sustainable business models; and ``(K) support the transition to domestic sustainably financed health systems. ``(3) Initial strategy.--For the purposes of this section, a strategy meeting the criteria described in paragraph (2) that is in effect as of the date of enactment of this section may be deemed to fulfill the establishment requirement in paragraph (1). ``(e) Establishment of Child and Maternal Survival Coordinator.-- ``(1) In general.--The President shall designate a current USAID employee serving in a career or non-career position in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher to serve concurrently as the Child and Maternal Survival Coordinator. The Coordinator shall be responsible for-- ``(A) overseeing the strategy established under subsection (d); and ``(B) all United States Government funds appropriated or used for international maternal and child health and nutrition programs. ``(2) Duties.--The Coordinator shall-- ``(A) have the primary responsibility for the oversight and coordination of all resources and international activities of the United States Government appropriated or used for international maternal and child health and nutrition programs; ``(B) direct the budget, planning, and staffing to implement international maternal and child health and nutrition projects and programs for the purpose of achieving reductions in preventable child and maternal deaths; ``(C) lead implementation and revision, not less frequently than once every 5 years, of the strategy established under subsection (d)(1); ``(D) coordinate with relevant executive branch agencies, target countries, and relevant partner entities as appropriate, to carry out the strategy established under section 5(a) and to align current and future investments with high-impact, evidence-based interventions to save lives; ``(E) provide direction to the design and oversight of grants, contracts, and cooperative agreements with nongovernmental organizations (including community, faith-based, and civil society organizations) and private sector entities for the purpose of carrying out the strategy established under subsection (d)(1); and ``(F) report directly to the Administrator regarding implementation of the strategy established under subsection (d)(1). ``(3) Restriction on additional or supplemental compensation.--The Coordinator shall receive no additional or supplemental compensation as a result of carrying out responsibilities and duties under this section. ``(f) Authority to Assist in Implementation of the Strategy.-- ``(1) In general.--The President shall provide assistance to implement the strategy established under subsection (d)(1). ``(2) Focus on impact.-- ``(A) Targets for increased implementation required.--Consistent with the requirements for foreign assistance programs included in the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114-119), USAID grants, contracts, and cooperative agreements for the purposes of the strategy established under subsection (d)(1) shall be required to include targets for increased implementation of high-impact, evidence-based interventions and strengthening health systems, as appropriate, including the establishment of baseline measurements from which to quantify progress. ``(B) Exception.--In exceptional circumstances where USAID determines that inclusion of coverage targets or baseline measures are not reasonable or practicable for the grant, contract, or cooperative agreement, the funding mechanism shall include an explanation of the omission and explicitly state how measurable impact will be targeted and tracked. ``(g) Reports.-- ``(1) Report required.--Not later than one year after the date of the enactment of this section, and annually thereafter for 5 additional years, the President shall submit to the appropriate congressional committees a report on progress made to achieve the strategy established under subsection (d)(1) as well as progress toward the goal to end preventable child and maternal deaths globally. The data in the report shall be made publicly available. ``(2) Information included in report.--The report required under paragraph (1) shall include the following elements: ``(A) Indicators of progress made by United States Government programs carried out under international maternal and child health and nutrition programs for the purposes of improving maternal, newborn, and child health and survival, particularly among the most vulnerable populations, in each target country and overall, including-- ``(i) maternal mortality ratio per 100,000 live births and under-5 mortality ratio per 1,000 live births; ``(ii) number of maternal, newborn, and child deaths averted; ``(iii) percentage of births attended by skilled health personnel; ``(iv) an analysis of gaps in the health workforce required to end preventable child and maternal deaths, including an analysis of health workforce density (number of certified health workers, including community-based health workers, per population); ``(v) a description of the measured or estimated impact on maternal, newborn, and child survival of each ongoing program or project; ``(vi) progress towards achieving the goal to save 15,000,000 children's lives and 600,000 women's lives by 2020, and any subsequent goals established under the strategy required under subsection (d); and ``(vii) any other targets identified by the Coordinator as essential to meeting the goals of the strategy for ending preventable child and maternal deaths. ``(B) Assessments of progress made toward achieving the targets set forth under subparagraph (A). ``(C) A description of how the interventions or programs are designed to-- ``(i) increase activities in target countries; ``(ii) reach underserved, marginalized, vulnerable, and impoverished populations; ``(iii) address causes of maternal, newborn, and child mortality with innovative efforts and interventions posed to go to scale; ``(iv) invest in activities that empower women, support voluntarism, and provide respectful maternity care; ``(v) improve transparency and accountability at all levels and include common metrics for tracking progress; ``(vi) ensure that high-impact, evidence- based interventions are prioritized; and ``(vii) expand access to quality services through community-based approaches and include community accountability measures. ``(D) Reporting on each aspect of the strategy established under subsection (d)(1), including-- ``(i) multi-sectoral approaches, specific strategies, and programming utilizing high- impact, evidence-based interventions to address the leading causes of preventable child and maternal deaths; ``(ii) activities to develop and scale up new technologies and approaches, including those identified by public-private partnerships, for research and innovation; ``(iii) coordination with United States agencies, foreign governments, nongovernmental organizations, and international organizations; ``(iv) methods used to leverage new financial and other public and private resources in innovative ways; and ``(v) best practices identified by the executive branch. ``(E) Reporting on grants, contracts, and cooperative agreements awarded, including-- ``(i) a comprehensive list of USAID grants, contracts, and cooperative agreements awarded in implementation of the strategy established under subsection (d)(1); and ``(ii) a description of-- ``(I) the targets for coverage of interventions or services and the baseline against which they are measured and the status of progress in meeting the targets; or ``(II) in the case of exceptional circumstances where USAID determines that inclusion of targets or baseline measurements is not reasonable or practicable, an explanation of how the impact of the grant, contract, agreement, or resulting program is being measured. ``(F) Reporting on the innovative public-private financing tools, including an analysis of the feasibility and potential effectiveness of new financing tools that could be used to fund efforts to end preventable child and maternal deaths globally. ``(h) Authorization of Appropriations.-- ``(1) Authorization.--For fiscal years 2018 through 2022, the provisions of this section shall be carried out using amounts appropriated or otherwise made available for the Department of State or the United States Agency for International Development and available for global health programs. ``(2) Application.--Funds appropriated or otherwise made available to carry out activities under this section shall be subject to all applicable restrictions under Federal law. ``(3) Expiration of funds.--Amounts appropriated or otherwise made available to carry out activities under this section shall remain available for obligation for a period of 5 years.''.

Reach Every Mother and Child Act of 2017 This bill directs the President to: establish a five-year strategy to achieve, with target countries and donors, the goal of ending preventable child and maternal deaths globally and ensure healthy and productive lives by 2030; and provide assistance to implement the strategy. The President shall designate a current U.S. Agency for International Development (USAID) employee serving in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher to serve concurrently as the Maternal and Child Survival Coordinator, who shall be responsible for: overseeing such strategy, and all U.S. government funds appropriated or used for international maternal and child health and nutrition programs. Strategy grants, contracts, and cooperative agreements shall include targets for increased implementation of high-impact, evidence-based interventions and strengthening health systems. The President shall report to Congress annually for six years regarding progress made toward achieving the strategy and ending preventable child and maternal deaths.

Reach Every Mother and Child Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wi-Fi Innovation Act''. SEC. 2. PROMOTING UNLICENSED SPECTRUM. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Dedicated short-range communications services.--The term ``Dedicated Short-Range Communications Services'' has the meaning given the term in section 90.7 of title 47, Code of Federal Regulations. (3) Dynamic frequency selection.--The term ``Dynamic Frequency Selection'' has the meaning given the term in section 15.403 of title 47, Code of Federal Regulations. (4) 5850-5925 mhz band.--The term ``5850-5925 MHz band'' has the meaning given the term in section 6406(c) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1453(c)). (5) NTIA.--The term ``NTIA'' means the National Telecommunications and Information Administration. (6) Technical rules suitable for the widespread commercial development of unlicensed operations.--The term ``technical rules suitable for the widespread commercial development of unlicensed operations'' means technical rules that, to the maximum extent feasible-- (A) permit outdoor unlicensed operations; (B) permit unlicensed operations at a maximum conducted transmitter output power limit of not less than 1 watt; and (C) do not require unlicensed devices to employ Dynamic Frequency Selection. (b) Modification of Regulations To Promote Unlicensed Use in the 5 GHz Band.-- (1) In general.-- (A) Provision of additional unlicensed spectrum.-- The Commission shall modify title 47, Code of Federal Regulations, to provide additional unlicensed spectrum in the 5850-5925 MHz band under technical rules suitable for the widespread commercial development of unlicensed operations in the band, as specified under paragraph (2). (B) NTIA cooperation.--The NTIA shall facilitate the modification described in subparagraph (A) by cooperating with the Commission to identify the spectrum management actions necessary to accommodate the regulatory changes specified under paragraph (2). (2) Required actions and modifications.-- (A) In general.-- (i) Office of engineering and technology public notice.--Not later than 3 months after the date of enactment of this Act, the Office of Engineering and Technology of the Commission shall issue a public notice seeking comment on proposals for-- (I) interference-mitigation techniques and technologies, and potential rechannelization, that would accommodate both incumbent licensees, including Dedicated Short Range Communications Services licensees, and widespread commercial unlicensed operations in the 5850-5925 MHz band; and (II) deployment timelines for the technologies described in subparagraph (I). (ii) NTIA response.--The NTIA, in response to the public notice issued under clause (i), shall publicly submit to the Office of Engineering and Technology a description of any current and anticipated further Federal uses of the 5850-5925 MHz band. (B) Test plan.-- (i) In general.--Not later than 6 months after the date of enactment of this Act, the Commission shall, in consultation with the Department of Transportation and the NTIA, develop and publish a test plan, including a timeline, for the use of unlicensed devices in the 5850-5925 MHz band. (ii) Requirement.--The test plan developed and published under clause (i) shall be designed to allow the Commission to evaluate technologies for allowing unlicensed devices to utilize the 5850-5925 MHz band without causing harmful interference to incumbent licensees, including Dedicated Short Range Communications Services licensees. (iii) Testing multiple methods.--The Commission may choose to test multiple methods of sharing the 5850-5925 MHz band. (iv) Considerations.--In developing the test plan under clause (i), the Commission shall consider-- (I) the comments filed in response to the public notice issued under subparagraph (A)(i); (II) the comments filed in response to ET Docket No. 13-49; (III) the functions currently authorized under exclusive allocation that could be performed by unlicensed or shared spectrum; (IV) whether a system of priority access could substitute for exclusive licensing and, if so, whether the system of priority access should be confined to-- (aa) particular portions of the 5850-5925 MHz band; and (bb) functions critical for dedicated short-range communications crash avoidance; (V) whether non-exclusive licensing or other forms of shared spectrum access could substitute for exclusive licensing; (VI) whether the Commission could promulgate rules to migrate existing licensees to an alternative band; (VII) whether, to protect critical public safety communications, the Commission could allow sharing in only a portion of the 5850-5925 MHz spectrum; and (VIII) whether shared use or a system of priority access-- (aa) causes harmful interference to incumbent licensees; or (bb) compromises safety-of- life uses by incumbent licensees that are necessary for advancing motor vehicle safety. (C) Testing; results.--Not later than 15 months after the date of enactment of this Act, the Commission, in consultation with the Department of Transportation and the NTIA, shall-- (i) conduct testing in accordance with the test plan developed under subparagraph (B); (ii) publish a summary of the results of the testing to the docket relating to the 5850- 5925 MHz band; and (iii) reference the results of the testing and the comments filed under subparagraph (A) in determining unlicensed device use of the 5850-5925 MHz band. (D) Regulations.-- (i) In general.--Not later than 18 months after the date of enactment of this Act-- (I) if the Commission determines that a mitigation technology, rechannelization, or other approach would allow unlicensed operations in the 5850-5925 MHz band that will not cause harmful interference to existing licensees of that band, the Commission shall modify part 15 of title 47, Code of Federal Regulations, to adopt technical rules suitable for the widespread commercial deployment of unlicensed operations for the 5850-5925 MHz band; or (II) if the Commission determines that no mitigation technology, rechannelization, or other sharing approach would prevent unlicensed operations in the 5850-5925 MHz band from causing harmful interference to existing licensees of that band, the Commission-- (aa) shall provide notification of the determination to-- (AA) Congress; (BB) the Department of Transportation; and (CC) the NTIA; and (bb) may not modify part 15 of title 47, Code of Federal Regulations, to adopt technical rules suitable for the widespread commercial deployment of unlicensed operations for the 5850-5925 MHz band until the Commission can ensure that such operations will not cause harmful interference to existing licensees of that band. (ii) Intelligent transportation systems.-- The Commission shall modify subpart M of part 90 of title 47, Code of Federal Regulations (relating to the Intelligent Transportation Systems radio service), and subpart L of part 95 of title 47, Code of Federal Regulations (relating to dedicated short-range communications service on-board units), if the Commission determines that such a modification would maximize the utility of the 5850-5925 MHz band while protecting existing licensees from harmful interference. SEC. 3. ASSESSING UNLICENSED SPECTRUM AND WI-FI USE IN LOW-INCOME NEIGHBORHOODS. (a) Study.-- (1) In general.--The Commission shall conduct a study to evaluate the availability of broadband Internet access using unlicensed spectrum and wireless networks in low income neighborhoods. (2) Requirements.--In conducting the study under paragraph (1), the Commission shall consider and evaluate-- (A) any barriers preventing or limiting the deployment and use of wireless networks in low-income neighborhoods; (B) how to overcome the barriers described in subparagraph (A) through incentives, policies, or requirements that would increase the availability of unlicensed spectrum and related technologies in low- income neighborhoods to increase broadband adoption by elementary and secondary school-age children in schools and at home in these communities; (C) proposals that would encourage the home broadband adoption by not less than 50 percent of households with elementary and secondary school-age children that are in low income neighborhoods; and (D) the availability of wireless Internet hot spots and access to unlicensed spectrum for children described in subparagraph (B). (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) summarizes the findings of the study conducted under subsection (a); and (2) makes recommendations with respect to the potential incentives, policies, and requirements described in subsection (a)(2)(B).

Wi-Fi Innovation Act - Requires the Federal Communications Commission (FCC) to provide additional unlicensed spectrum in the 5850-5925 megahertz band under technical rules suitable for the widespread commercial development of unlicensed operations. Provides for such technical rules to permit outdoor unlicensed operations without requiring devices to dynamically detect signals from other systems. Directs the FCC's Office of Engineering and Technology to seek public comments on proposals for interference-mitigation techniques and potential rechannelization that would accommodate both incumbent licensees and widespread commercial unlicensed operations in such band. Sets forth a process for the FCC to test mitigation measures and methods of sharing spectrum with unlicensed devices within such band in a manner that would not cause harmful interference to incumbent licensees. Directs the FCC, if it determines that existing licensees would not be harmed by interference, to modify regulations to adopt technical rules for widespread commercial deployment of unlicensed operations for such band. Prohibits modification of such regulations if the FCC determines that mitigation, rechannelization, or sharing would not prevent harmful interference. Requires the FCC to notify Congress, the Department of Transportation (DOT), and the National Telecommunications and Information Administration (NTIA) of a harmful interference determination. Requires the FCC to modify regulations relating to Intelligent Transportation Systems radio service and dedicated short-range communications service on-board units if such modification would maximize utility of such band while protecting existing licensees. Directs the FCC to make recommendations to Congress regarding the availability of broadband Internet access using unlicensed spectrum and wireless networks in low income neighborhoods.

Wi-Fi Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patients' Formulary Rights Act of 1999''. SEC. 2. PATIENT PROTECTIONS AGAINST ABUSE OF FORMULARIES FOR PRESCRIPTION DRUGS. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC SUBSTITUTION. ``(a) Requirements on Use of Formularies.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not use a formulary unless the plan or issuer-- ``(A) notifies participants, beneficiaries, and enrollees, prior to initial enrollment or coverage, and makes available at any time to health care professionals who prescribe prescription drugs under the plan or coverage of the information described in paragraph (2); ``(B) notifies participants, beneficiaries, enrollees, and health care providers who prescribe covered prescription drugs under the plan or coverage on a routine and annual basis of any changes in (including deletions from) the formulary; and ``(C) in the case of a participant, beneficiary, or enrollee who is provided coverage for a prescription drug at the time the drug is removed from the formulary, to permit the participant, beneficiary, or enrollee to continue to have the drug prescribed for treatment of the same condition for which it was previously prescribed. ``(2) Information to be disclosed.--The information described in this paragraph is as follows (with respect to prescription drug coverage under a group health plan or health insurance coverage): ``(A) Extent of therapeutic substitution.--What constitutes the practice or therapeutic substitution that may be effected under the plan or coverage. ``(B) Formulary.--A complete list of all the prescription drugs included in the formulary and any changes in the formulary and how decisions to include drugs in the formulary are made. ``(C) Access to nonformulary drugs.--The fact that a patient can have a prescription filled as written (rather than subject to therapeutic substitution) if the prescribing health care professional uses a `dispense as written' or similar endorsement. ``(D) Payment for nonformulary drugs.--Whether or not the plan or coverage will cover or pay for prescription drugs not included in the formulary and, if it will, the extent of such coverage or payment. ``(E) Cost-sharing.--The copayments and other cost- sharing that is applicable under the plan or coverage for prescription drugs included on the formulary and for those not included on the formulary. ``(F) Limits on payments.--Limitations on the dollar amount the plan or coverage will cover for outpatient prescription drugs, including any such limits on a per year, per lifetime, or per diagnosis basis. ``(3) Formulary defined.--For purposes of this subsection, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan or health insurance coverage offered by the issuer. ``(b) Notice of Requirement.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(c) Formulary Defined.--For purposes of this section, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan or health insurance coverage offered by the issuer.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) 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. 714. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC SUBSTITUTION. ``(a) Requirements on Use of Formularies.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not use a formulary unless the plan or issuer-- ``(A) notifies participants, beneficiaries, and enrollees, prior to initial enrollment or coverage, and makes available at any time to health care professionals who prescribe prescription drugs under the plan or coverage of the information described in paragraph (2); ``(B) notifies participants, beneficiaries, enrollees, and health care providers who prescribe covered prescription drugs under the plan or coverage on a routine and annual basis of any changes in (including deletions from) the formulary; and ``(C) in the case of a participant, beneficiary, or enrollee who is provided coverage for a prescription drug at the time the drug is removed from the formulary, to permit the participant, beneficiary, or enrollee to continue to have the drug prescribed for treatment of the same condition for which it was previously prescribed. ``(2) Information.--The information described in this paragraph is as follows (with respect to prescription drug coverage under a group health plan or health insurance coverage): ``(A) Extent of therapeutic substitution.--What constitutes the practice or therapeutic substitution that may be effected under the plan or coverage. ``(B) Formulary.--A complete list of all the prescription drugs included in the formulary and any changes in the formulary and how decisions to include drugs in the formulary are made. ``(C) Access to nonformulary drugs.--The fact that a patient can have a prescription filled as written (rather than subject to therapeutic substitution) if the prescribing health care professional uses a `dispense as written' or similar endorsement. ``(D) Payment for nonformulary drugs.--Whether or not the plan or coverage will cover or pay for prescription drugs not included in the formulary and, if it will, the extent of such coverage or payment. ``(E) Cost-sharing.--The copayments and other cost- sharing that is applicable under the plan or coverage for prescription drugs included on the formulary and for those not included on the formulary. ``(F) Limits on payments.--Limitations on the dollar amount the plan or coverage will cover for outpatient prescription drugs, including such any such limits on a per year, per lifetime, or per diagnosis basis. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply. ``(c) Formulary Defined.--For purposes of this section, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan or health insurance coverage offered by the issuer.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to use of formularies and therapeutic substitution.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standards relating to use of formularies and therapeutic substitution.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC SUBSTITUTION. ``(a) Requirements on Use of Formularies.-- ``(1) In general.--A group health plan shall not use a formulary unless the plan or issuer-- ``(A) notifies participants and beneficiaries, prior to initial enrollment or coverage, and makes available at any time to health care professionals who prescribe prescription drugs under the plan of the information described in paragraph (2); ``(B) notifies participants, beneficiaries, and health care providers who prescribe covered prescription drugs under the plan on a routine and annual basis of any changes in (including deletions from) the formulary; and ``(C) in the case of a participant or beneficiary who is provided coverage for a prescription drug at the time the drug is removed from the formulary, to permit the participant or beneficiary to continue to have the drug prescribed for treatment of the same condition for which it was previously prescribed. ``(2) Information.--The information described in this paragraph is as follows (with respect to prescription drug coverage under a group health plan): ``(A) Extent of therapeutic substitution.--What constitutes the practice or therapeutic substitution that may be effected under the plan. ``(B) Formulary.--A complete list of all the prescription drugs included in the formulary and any changes in the formulary and how decisions to include drugs in the formulary are made. ``(C) Access to nonformulary drugs.--The fact that a patient can have a prescription filled as written (rather than subject to therapeutic substitution) if the prescribing health care professional uses a `dispense as written' or similar endorsement. ``(D) Payment for nonformulary drugs.--Whether or not the plan will cover or pay for prescription drugs not included in the formulary and, if it will, the extent of such coverage or payment. ``(E) Cost-sharing.--The copayments and other cost- sharing that is applicable under the plan for prescription drugs included on the formulary and for those not included on the formulary. ``(F) Limits on payments.--Limitations on the dollar amount the plan will cover for outpatient prescription drugs, including such any such limits on a per year, per lifetime, or per diagnosis basis. ``(b) Formulary Defined.--For purposes of this section, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan.'' (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING PATIENT FREEDOM OF CHOICE. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) 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 2753''. (c) Medicare+Choice Plans.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(l) Formulary Requirements.-- ``(1) In general.--A Medicare+Choice organization shall comply with the requirements of section 2707 of the Public Health Service Act with respect to a Medicare+Choice plan it offers in the same manner as such requirements apply to health insurance coverage offered in connection with a group health plan. ``(2) Construction.--Nothing in paragraph (1) shall be construed as superseding other requirements of this part, except to the extent the Secretary specifically finds that such other requirements are less stringent, and do not duplicate, the requirements referred to in such paragraph.''. (d) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (4), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2001. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Medicare+choice plans.--The amendments made by subsection (b) apply with respect to Medicare+Choice plans offered on or after such date. (4) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2001. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (e) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Includes within required formulary information: (1) the extent of therapeutic substitution; (2) a complete list of all drugs included in the formulary; (3) information on access to nonformulary drugs; (4) whether or not, and to what extent, coverage will exist for nonformulary drugs; (5) copayments or other cost-sharing for formulary drugs; and (6) limits on coverage payments for outpatient formulary and nonformulary drugs. Amends title XVIII (Medicare) of the Social Security Act to require its authorized health insurance issuers and any Medicare+Choice organization to comply with such notification requirements in the same manner that such requirements apply to health insurance coverage or issuers in connection with a group plan. Requires the coordination of notification and formulary requirements through an interagency memorandum of understanding among the Secretaries of Labor, the Treasury, and Health and Human Services.

Patients' Formulary Rights Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Supply and Value Enhancement Act'' or the ``Pharmaceutical SAVE Act''. SEC. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS. (a) Temporary Importation.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended-- (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: ``(h) Temporary Importation Authority.-- ``(1) In general.--If, based on notifications described in subsection (a) or any other relevant information, the Secretary concludes that there is, or is likely to be, a drug shortage of a drug described in subsection (a), except as provided in paragraph (3), the Secretary shall authorize importation of such drug for a period of up to 3 years if-- ``(A) the drug is a drug subject to section 503(b)(1), other than a drug described in subparagraphs (A) through (F) of section 804(a)(3); ``(B) the drug is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1); ``(C) the imported drug has the same active ingredient as the drug for which there is a shortage described in subsection (i)(2)(B) with respect to manufacturers in the United States; ``(D) the manufacturer certifies to the Secretary that it intends to seek approval of the drug under section 505(j); and ``(E) an importer (as defined in section 804(a)) files with the Secretary information-- ``(i) attesting that the requirements under subparagraphs (A) through (D) are satisfied; ``(ii) identifying the drug the importer proposes to import and the manufacturer from whom the importer proposes to import such drug; and ``(iii) requesting authority to import the drug. ``(2) Beginning date of importation.--If all of the conditions under paragraph (1) are met, the Secretary shall authorize importation of a drug in accordance with such paragraph beginning not later than 60 days after receipt of the information under paragraph (1)(E). ``(3) Discretionary denial of importation.--The Secretary may deny importation of a drug otherwise qualified for importation under paragraph (1) if the Secretary determines that-- ``(A) the drug is not safe and effective; ``(B) the drug is used in conjunction with a device for which there is no reasonable assurance of safety and effectiveness; or ``(C) the authorization to market the drug in one or more of the countries included in the list under section 802(b)(1) has been rescinded or withdrawn because of any concern relating to the safety or effectiveness of the drug. ``(4) Termination of authority.--The authority to import a drug pursuant to paragraph (1) shall terminate after 3 years, or when the drug shortage no longer applies, whichever occurs first.''. (b) Noncompetitive Drug Markets.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C-1 the following: ``SEC. 506C-2. NONCOMPETITIVE DRUG MARKETS. ``(a) In General.--If the Secretary determines under subsection (b) that a noncompetitive market exists with respect to an applicable drug, the Secretary-- ``(1) shall treat such noncompetitive market as creating a drug shortage for purposes of section 506C(g), and may expedite the review of applications and inspections in accordance with such subsection; and ``(2) shall treat such noncompetitive market as creating a drug shortage for purposes of section 506C(h), and shall authorize importation of the drug in accordance with such subsection. ``(b) Determination of Noncompetitive Market.-- ``(1) In general.--The Secretary shall determine that a noncompetitive market exists with respect to an applicable drug if-- ``(A) for at least 2 consecutive months prior to the determination, fewer than 5 drugs approved under section 505(c) (referred to in this paragraph as the `applicable listed drug') or under section 505(j) that reference the applicable listed drug were commercially available in the United States; ``(B) the applicable listed drug was approved at least 10 years before such determination; and ``(C) each patent which claims an active ingredient of the applicable listed drug has expired. ``(2) Commercially available.-- ``(A) In general.--For purposes of paragraph (1)(A), a drug is not commercially available in the United States if-- ``(i) the holder of an application approved under subsection (c) or (j) of section 505 has publicly announced that it has discontinued the manufacturing of the drug; ``(ii) a drug approved under subsection (c) or (j) of section 505 has been withdrawn or discontinued; or ``(iii) the Secretary has any other reasonable basis to conclude that a drug approved under subsection (c) or (j) of section 505 is not competitively relevant. ``(B) Holder of approved application.--In determining whether 5 drugs are commercially available under paragraph (1)(A), in the case of a single person who is the holder of more than 1 application approved as described in paragraph (1)(A) with respect to an applicable drug, only 1 such drug shall be considered to be commercially available. ``(c) Applicable Drug.--In this section, the term `applicable drug' means a drug that is not a radio pharmaceutical drug product or any other product as designated by the Secretary.''. (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)(3)(B)) is amended-- (1) in clause (i), by striking ``; and'' and inserting ``;''; (2) in clause (ii), by adding ``and'' after the semicolon; and (3) by inserting after clause (ii) the following: ``(iii) the number of drugs authorized for temporary importation under section 506C(h);''.

Pharmaceutical Supply and Value Enhancement Act or the Pharmaceutical SAVE Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to authorize importation of life-saving drugs for which there is, or is likely to be, a shortage. For a drug to be imported, the drug's manufacturer must intend to seek FDA approval of the drug as a generic drug. The FDA may deny importation of a drug for reasons related to safety or effectiveness. Drugs in noncompetitive markets must be treated as being in a shortage for purposes of this bill and for purposes of expedited inspections and review. A drug is in a noncompetitive market if: (1) there are fewer than five holders of approved applications for commercially available brand name or generic versions of the drug, (2) the drug has been approved for at least 10 years, and (3) patents on the active ingredient of the drug have expired.

Pharmaceutical Supply and Value Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Maternity and Obstetric Medicine Act'' or the ``Healthy MOM Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Pregnancy is a significant life event for millions of women in the United States each year. (2) For more than 30 years, our Nation, through the Medicaid program, has recognized that pregnant women need immediate access to affordable care, and has allowed women who meet income-eligibility requirements to enroll in Medicaid coverage when they become pregnant. (3) Congress recognized the central importance of maternity coverage by classifying maternity and newborn care as one of the ten essential health benefits that must now be covered on most individual and small group health insurance plans under section 1302(b)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(b)(1)). (4) Access to comprehensive maternity coverage allows women to access important pregnancy-related care, which is demonstrated to improve health outcomes for women and newborns and reduce financial costs for both consumers and insurers. (5) Uninsured women, women with grandfathered and transitional health plans, self-funded student health plans, and catastrophic and high-deductible health plans may lack access to comprehensive and affordable maternity coverage. (6) A special enrollment period is especially important for young adults, who are at high risk for unintended pregnancies, yet young adults are frequently enrolled in catastrophic coverage, which often has fewer benefits, more restrictions, and higher deductibles. (7) Timely maternity care improves the health of pregnant women, as well as birth outcomes and the health of babies throughout their lifetimes. Pregnancy-related maternal mortality is three to four times higher among women who receive no maternity care compared to women who do. Regular maternity care can detect or mitigate serious pregnancy-related health complications, including preeclampsia, placental abruption, complications from diabetes, complications from heart disease, and Graves' disease, all of which can result in morbidity or mortality for the mother or newborn. (8) Regular maternity care can reduce preterm births and the health complications associated with preterm births. (9) Timely maternity care can reduce short- and long-term health care costs. If a woman does not have access to affordable maternity care during her pregnancy, and she or her newborn experiences pregnancy complications that result in health problems after birth, their insurer may end up paying much higher costs than if the insurer had covered the woman's maternity care during her pregnancy. Intensive maternity care can reduce hospital and neonatal intensive care unit admissions among infants, resulting in cost savings of $1,768 to $5,560 per birth. For women with high-risk pregnancies, intensive maternity care saves $1.37 for every $1 invested in maternity care. (b) Purpose.--The purpose of this Act is to protect the health of women and newborns by ensuring that all women eligible for coverage through the Exchanges established under title I of the Patient Protection and Affordable Care Act (Public Law 111-148) can access affordable health coverage during their pregnancy. SEC. 3. PROVIDING FOR A SPECIAL ENROLLMENT PERIOD FOR PREGNANT WOMEN. (a) Public Health Service Act.--Section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)) is amended by inserting ``including a special enrollment period for pregnant women, beginning on the date on which the pregnancy is reported to the health insurance issuer'' before the period at the end. (b) Patient Protection and Affordable Care Act.--Section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) a special enrollment period for pregnant women, beginning on the date on which the pregnancy is reported to the Exchange; and''. (c) Special Enrollment Periods.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) For pregnant women.-- ``(A) A group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan upon pregnancy, with the special enrollment period beginning on the date on which the pregnancy is reported to the group health plan. ``(B) The Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for pregnant women to enroll in coverage and effective date of such coverage.''. (d) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning after the 2016 plan year. SEC. 4. FEDERAL EMPLOYEE HEALTH BENEFIT PLANS. (a) In General.--The Director of the Office of Personnel Management shall issue such regulations as are necessary to ensure that pregnancy is considered a change in family status and a qualifying life event for an individual who is eligible to enroll, but is not enrolled, in a health benefit plan under chapter 89 title 5, United States Code. (b) Effective Date.--The requirement in subsection (a) shall apply with respect to any contract entered into under section 8902 of such title beginning 12 months after the date of enactment of this Act.

Healthy Maternity and Obstetric Medicine Act or the Healthy MOM Act This bill amends the Public Health Service Act and Internal Revenue Code to require health insurers, health insurance exchanges, and group health plans to offer a special enrollment period to pregnant women beginning when the pregnancy is reported to the issuer, exchange, or plan. The Office of Personnel Management must ensure that eligible pregnant women are allowed to enroll in federal employee health benefit plans outside of the open enrollment period.

Healthy MOM Act

SECTION 1. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE EXECUTIVE BRANCH. (a) Executive Schedule Pay Rates.-- (1) In general.--Section 5318 of title 5, United States Code, is amended-- (A) by redesignating subsection (a) as subsection (a)(1) and subsection (b) as paragraph (2); and (B) by adding at the end the following: ``(b)(1)(A) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which any comparability payment becomes payable under section 5304 or 5304a with respect to General Schedule employees within the District of Columbia during any year, the annual rate of pay for positions at each level of the Executive Schedule (exclusive of any previous adjustment under this subsection) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next highest multiple of $100) equal to the percentage of such annual rate of pay which corresponds to the percentage adjustment becoming so payable with respect to General Schedule employees within the District of Columbia under such section 5304 or 5304a (as applicable). ``(B) If an adjustment under this subsection is scheduled to take effect on the same date as an adjustment under subsection (a), the adjustment under subsection (a) shall be made first. ``(2) An annual rate of pay, as adjusted under paragraph (1), shall for all purposes be treated as the annual rate of pay for the positions involved, except as otherwise provided in subsection (a), paragraph (1), or any other provision of law. ``(3) Nothing in this subsection shall be considered to permit or require the continuation of an adjustment under paragraph (1) after the comparability payment (for General Schedule employees within the District of Columbia) on which it was based has been terminated or superseded.''. (2) Contract appeals board members.--Section 5372a of title 5, United States Code, is amended-- (A) in subsection (b)(2) by striking ``97 percent of the rate under paragraph (1)'' and inserting ``no less than 97 percent of the rate under paragraph (1)''; (B) in subsection (b)(3) by striking ``94 percent of the rate under paragraph (1)'' and inserting ``no less than 94 percent of the rate under paragraph (1)''; and (C) by adding at the end the following: ``(d) Subject to subsection (b), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of basic pay under the General Schedule, each rate of basic pay for contract appeals board members shall be adjusted by an amount determined by the President to be appropriate.''. (3) Conforming amendments.--Section 5318 of title 5, United States Code, is amended-- (A) in the first sentence of subsection (a)(1) (as redesignated)-- (i) by striking ``Subject to subsection (b),'' and inserting ``Subject to paragraph (2),''; and (ii) by inserting ``(exclusive of any previous adjustment under subsection (b))'' after ``Executive Schedule''; and (B) in subsection (a)(2) (as redesignated), by striking ``subsection (a)'' and inserting ``paragraph (1)''. (b) Amendments Relating to Certain Limitation and Other Provisions.-- (1) Provisions to be applied by excluding executive schedule comparability adjustment.--Sections 5303(f), 5304(h)(1)(F), 5306(e), and 5373(a) of title 5, United States Code, are each amended by inserting ``, exclusive of any adjustment under section 5318(b)'' after ``Executive Schedule''. (2) Limitation on certain payments.--Section 5307(a) of title 5, United States Code, is amended by adding at the end the following: ``(3) In the case of an employee who is receiving basic pay under section 5372a, 5376, or 5383, paragraph (1) shall be applied by substituting `the annual rate of salary of the Vice President of the United States' for `the annual rate of basic pay payable for level I of the Executive Schedule'. Regulations under subsection (c) may extend the application of the preceding sentence to other equivalent categories of employees.''. (3) References to level iv of the executive schedule.-- Sections 5372(b)(1)(C), 5372a(b)(1), 5376(b)(1)(B), and 5382(b) of title 5, United States Code, are each amended by striking ``level IV'' each place it appears and inserting ``level III''. SEC. 2. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE JUDICIAL BRANCH. (a) Increase in Maximum Rates of Basic Pay Allowable.-- (1) For positions covered by section 604(a)(5) of title 28, united states code.--Section 604(a)(5) of title 28, United States Code, is amended by striking ``by law'' and inserting ``by law (except that the rate of basic pay fixed under this paragraph for any such employee may not exceed the rate for level IV of the Executive Schedule)''. (2) For circuit executives.--Section 332(f)(1) of title 28, United States Code, is amended by striking ``level IV of the Executive Schedule pay rates under section 5315'' and inserting ``level III of the Executive Schedule pay rates under section 5314''. (3) For personnel of the administrative office of the united states courts.-- (A) In general.--Section 3(a) of the Administrative Office of the United States Courts Personnel Act of 1990 (28 U.S.C. 602 note) is amended-- (i) in paragraph (1), by striking ``level V'' and inserting ``level IV''; and (ii) in paragraph (10), by striking ``level IV'' and inserting ``level III''. (B) Provisions relating to certain additional positions.--Section 603 of title 28, United States Code, is amended by striking ``level IV of the Executive Schedule under section 5315'' and inserting ``level III of the Executive Schedule under section 5314''. (b) Salary of the Director of the Administrative Office of the United States Courts.--Section 603 of title 28, United States Code, is amended by striking ``district'' and inserting ``circuit''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall be effective with respect to pay periods beginning on or after the date of enactment of this Act.

Provides that, when any comparability payment becomes payable with respect to General Schedule employees within the District of Columbia, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount equal to the percentage adjustment payable to such General Schedule employees.Revises the rate of basic pay for the Vice Chairman and other members of the Contract Appeals Board. Adjusts such pay rate after each adjustment under the General Schedule.Increases the maximum limit on bonuses, awards, or other similar cash payments that may be paid in a calendar year to contract appeals board members, certain senior-level employees, and individual senior executives.Increases: (1) the rate of basic pay payable for certain executive schedule positions; and (2) the highest rate of basic pay payable for the Senior Executive Service.Increases the maximum rates of basic pay allowable for circuit executives and certain personnel of the Administrative Office of the U.S. Courts. Provides for the salary of the Director of such Office to be the same as the salary of a circuit (currently, district) judge.

A bill to increase the rate of pay for certain offices and positions within the executive and judicial branches of the Government, respectively, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Forestry Participation and Protection Act of 2016''. SEC. 2. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP END RESULT CONTRACTING AND OTHER AUTHORITIES. (a) Prompt Consideration of Tribal Requests.--Section 2(b) of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended-- (1) in paragraph (1), by striking ``Not later than 120 days after the date on which an Indian tribe submits to the Secretary'' and inserting ``In response to the submission by an Indian tribe to the Secretary of''; and (2) by adding at the end the following: ``(4) Time periods for consideration.-- ``(A) Initial response.--Not later than 90 days after the date on which the Secretary receives a tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian tribe regarding whether the request may meet the selection criteria described in subsection (c). ``(B) Notice of denial.--A notice under subsection (d) of the denial of a tribal request under paragraph (1) shall be provided to the Indian tribe by not later than 1 year after the date on which the Secretary receives the request. ``(C) Completion.--Not later than 2 years after the date on which the Secretary receives a tribal request under paragraph (1), other than a tribal request denied under subsection (d), the Secretary shall-- ``(i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and ``(ii) enter into the agreement or contract with the Indian tribe in accordance with paragraph (2).''. (b) Conforming and Technical Amendments.--Section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended-- (1) in subsections (b)(1) and (f)(1), by striking ``section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105- 277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275))'' each place it appears and inserting ``section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and (2) in subsection (d), in the matter preceding paragraph (1), by striking ``subsection (b)(1), the Secretary may'' and inserting ``paragraphs (1) and (4)(B) of subsection (b), the Secretary shall''. SEC. 3. PILOT AUTHORITY FOR RESTORATION OF FEDERAL FOREST LAND BY INDIAN TRIBES. (a) In General.--Section 305 of the National Indian Forest Resources Management Act (25 U.S.C. 3104) is amended by adding at the end the following: ``(c) Inclusion of Certain National Forest System Land and Public Land.-- ``(1) Purposes.--The purposes of this subsection are-- ``(A) to maximize the effective management of Federal forest land and to assist in the restoration of that land in accordance with the principles of sustained yield; and ``(B) to reduce insect, disease, or wildfire risk to communities, municipal water supplies, and other at- risk Federal land by providing for the implementation by Indian tribes of forest restoration projects. ``(2) Definitions.--In this subsection: ``(A) Federal forest land.-- ``(i) In general.--The term `Federal forest land' means-- ``(I) National Forest System land; and ``(II) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), including-- ``(aa) Coos Bay Wagon Road Grant land reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47); and ``(bb) Oregon and California Railroad Grant land. ``(ii) Exclusions.--The term `Federal forest land' does not include-- ``(I) a component of the National Wilderness Preservation System; ``(II) a component of the National Wild and Scenic Rivers System; ``(III) a congressionally designated wilderness study area; or ``(IV) an inventoried roadless area within the National Forest System. ``(B) Forest land management activities.--The term `forest land management activities' means activities performed in the management of Indian forest land described in subparagraphs (C), (D), and (E) of section 304(4). ``(C) Secretary concerned.--The term `Secretary concerned' means-- ``(i) the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i)(I); and ``(ii) the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(i)(II). ``(3) Authority.-- ``(A) In general.--At the request of an Indian tribe, the Secretary concerned may treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographical area that presents a feature or involves circumstances principally relevant to that Indian tribe, such as Federal forest land-- ``(i) ceded to the United States by treaty or other agreement with that Indian tribe; ``(ii) within the boundaries of a current or former reservation of that Indian tribe; or ``(iii) adjudicated by the Indian Claims Commission or a Federal court to be the tribal homeland of that Indian tribe. ``(B) Management.--Federal forest land treated as Indian forest land for purposes of planning and conducting management activities pursuant to subparagraph (A) shall-- ``(i) be managed exclusively under this Act; and ``(ii) remain under the ownership of the Federal agency that owned the Federal forest land on the day before the date of enactment of this subsection. ``(4) Requirements.--As part of an agreement to treat Federal forest land as Indian forest land under paragraph (3), the Secretary concerned and the Indian tribe making the request shall-- ``(A) provide for continued public access and recreation applicable to the Federal forest land as in existence prior to the agreement, except that the Secretary concerned may limit or prohibit that access only for the purpose of-- ``(i) protecting human safety; or ``(ii) preventing harm to natural resources; ``(B) continue sharing revenue generated by the Federal forest land with State and local governments on the terms applicable to the Federal forest land prior to the agreement, including, as applicable-- ``(i) 25-percent payments under the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.); or ``(ii) 50-percent payments under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.); ``(C) comply with applicable prohibitions on the export of unprocessed logs harvested from the Federal forest land; ``(D) recognize all right-of-way agreements in place on Federal forest land as in existence prior to the commencement of tribal management activities; ``(E) ensure that any county road within the Federal forest land as in existence prior to the agreement is not adversely impacted; and ``(F) ensure that all commercial timber removed from the Federal forest land is sold on a competitive bid basis. ``(5) Prompt consideration of tribal requests.--Not later than 180 days after the date on which the Secretary receives a request from an Indian tribe under paragraph (3)(A), the Secretary shall-- ``(A) approve or deny the request; and ``(B) if the Secretary approves the request, begin exercising the authority under that paragraph. ``(6) Consultation.--To the extent consistent with the laws governing the administration of public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the Secretary concerned shall consult with each State and unit of local government within which Federal forest land is located-- ``(A) before entering into an agreement to treat the Federal forest land as Indian forest land under paragraph (3); and ``(B) with respect to an agreement described in subparagraph (A), in planning and conducting forest land management activities under this section. ``(7) Forest management plans.--All forest land management activities under this subsection on National Forest System land shall be consistent with the applicable forest plan. ``(8) Limitations.--The treatment of Federal forest land as Indian forest land for purposes of planning and conducting management activities pursuant to paragraph (3)-- ``(A) shall not be considered to designate the Federal forest land as Indian forest land for any other purpose; and ``(B) shall be in accordance with all relevant Federal laws applicable to Federal forest land, including-- ``(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(iv) the Clean Air Act (42 U.S.C. 7401 et seq.). ``(9) Applicability of nepa.--The execution of, but not the decision to enter into, an agreement to treat Federal forest land as Indian forest land under paragraph (3) shall constitute a Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(10) Termination of authority.--The authority provided by this subsection terminates on the date that is 10 years after the date of enactment of this subsection.''. (b) Effect.--Nothing in this section or an amendment made by this section-- (1) prohibits, restricts, or otherwise adversely affects any permit, lease, or similar agreement in effect on or after the date of enactment of this Act for the use of Federal land for the purpose of recreation, utilities, logging, mining, oil, gas, grazing, water rights, or any other purpose; (2) negatively impacts private land; or (3) prohibits, restricts, or otherwise adversely affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate under State law fish and wildlife on land or in water in the State, including on Federal public land. SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT. The Secretary of the Interior and the Secretary of Agriculture may carry out demonstration projects pursuant to which federally recognized Indian tribes or tribal organizations may enter into contracts to carry out administrative, management, and other functions under the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.), through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). SEC. 5. FUNDING. The Secretary of the Interior and the Secretary of Agriculture shall use to carry out this Act and amendments made by this Act such amounts as are necessary from other amounts available to the Secretary of the Interior or the Secretary of Agriculture, respectively, that are not otherwise obligated.

Tribal Forestry Participation and Protection Act of 2016 This bill amends the Tribal Forest Protection Act of 2004 and the National Indian Forest Resources Management Act to establish: a timeframe for consideration of tribal requests to protect Indian forest land or rangeland; a tribal forest management demonstration project; and pilot authority for the Bureau of Land Management and the Forest Service to, upon request of an Indian tribe, treat certain federal forest land as Indian land for purposes of specified land management activities.

Tribal Forestry Participation and Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Navigation System Sustainability Act of 2013''. SEC. 2. DEFINITIONS. In this Act the term-- (1) ``Great Lakes'' and ``Great Lakes Navigational System'' means-- (A)(i) Lake Superior; (ii) Lake Huron; (iii) Lake Michigan; (iv) Lake Erie; and (v) Lake Ontario; (B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial and recreational navigation; (C) any navigation features in the lakes referred to in subparagraph (A) or waters described in subparagraph (B) that are a Federal operation or maintenance responsibility; and (D) areas of the Saint Lawrence River that are operated or maintained by the Government for commercial navigation. (2) ``eligible operations and maintenance'' has the same meaning as that term is defined in section 214 of the Water Resources Development Act of 1986 (33 U.S.C. 2241); (3) ``Secretary'' means the Secretary of the Army. SEC. 3. GREAT LAKES NAVIGATION SYSTEM. (a) Management of Great Lakes Navigation System.--To sustain the most effective and efficient operation and maintenance of the Great Lakes Navigation System, the Secretary, acting through the Chief of Engineers, shall manage and allocate funding for all of the individually authorized commercial and recreational navigation projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. (b) Cargo Measurements.--Cargo measurements for the purpose of prioritizing annual operations and maintenance budget resources for the Great Lakes Navigation System, and for any of the component projects of the System, shall aggregate the tonnage of all components of the System. SEC. 4. GREAT LAKES SYSTEM SUSTAINABILITY. (a) In General.--The Secretary, acting through the Chief of Engineers, shall establish a program to fund eligible operations and maintenance projects of the Great Lakes Navigation System with the objective of maintaining such projects to their authorized depths and widths. (b) Consultation.--The Secretary shall consult with the Congressional delegations from States that border the Great Lakes in developing annual priorities for the apportionment of funding authorized to be appropriated pursuant to this section. (c) Authorization of Appropriations.--For each of fiscal years 2014 through 2023, there is authorized to be appropriated from the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code $200,000,000 to fund eligible operations and maintenance of the Great Lakes Navigation System. Funds appropriated pursuant to this section may remain available until expended. (d) Cost Share.-- (1) In general.--Of the amounts made available pursuant to subsection (c), the Secretary, acting through the Chief of Engineers, shall give a higher priority to projects described in paragraph (2) than to projects described in paragraph (3). (2) Certain harbors providing a cost share.-- (A) Not subject to harbor maintenance fee.--A Great Lakes Navigation System project that is not subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or successor regulations) and for which the non-Federal sponsor provides a cost share of 50 percent of the costs of eligible operations and maintenance expenses, is eligible for Federal operations and maintenance funds made available pursuant to subsection (c). (B) Subject to harbor maintenance trust fund but no cargo.--A Great Lakes Navigation System project that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or successor regulations), has not had commercial cargo loaded or unloaded from its harbor during the previous 2 fiscal years, and for which the non-Federal sponsor provides a cost share of 50 percent of the costs of eligible operations and maintenance expenses is eligible for Federal operations and maintenance funds made available pursuant to subsection (c). (3) Certain harbors with no cost share.--A Great Lakes Navigation System project that otherwise meets the description in subparagraphs (A) or (B) of paragraph (2), and for which the non-Federal sponsor of the project does not provide a cost share of 50 percent of the costs of eligible operations and maintenance expenses, is eligible to receive Federal operations and maintenance funds made available pursuant to subsection (c) after projects under such subparagraphs are funded.

Great Lakes Navigation System Sustainability Act of 2013 - Directs the Secretary of the Army, acting through the Chief of Engineers, to manage and allocate funding for all commercial and recreational navigation projects in the Great Lakes Navigation System as components of a single system, recognizing the interdependence of the projects. Directs the Secretary, acting through the Chief of Engineers, to: (1) establish a program to fund eligible operations and maintenenace projects of the System to their authorized depths and widths, and (2) give higher priority to projects at certain harbors in which a 50% non-federal share of costs of eligible operations and maintenance expenses is provided.

Great Lakes Navigation System Sustainability Act of 2013

SECTION 1. NATIONAL MANUFACTURING STRATEGY. (a) Assessment of United States Manufacturing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall assess the United States economy to determine what goods the United States currently produces, where such goods are produced, in which manufacturing sector the United States is most competitive in the global economy, and what policies are necessary to maintain or increase the competitiveness of United States manufacturing in the global economy. (b) National Manufacturing Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop a comprehensive national manufacturing strategy. (2) Goals of strategy.--The goals of the strategy required by paragraph (1) are as follows: (A) To increase the aggregate number of manufacturing jobs in the United States. (B) To identify emerging technologies to strengthen the competitiveness of the United States in the global marketplace. (C) To strengthen manufacturing sectors in which the United States is most competitive in the global economy. (3) Submittal of strategy.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress the strategy required by paragraph (1). (c) Targets for Growth of the United States Manufacturing Sector.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish targets for the growth of United States manufacturing, including targets for job creation, for each of fiscal years 2012 through 2016. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the targets established by the Secretary pursuant to paragraph (1). (d) Survey of Manufacturing Support Programs.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall-- (A) conduct a survey of all Federal agencies that provide support to United States manufacturers, including-- (i) the Department of Commerce; (ii) the Department of Defense; (iii) the Department of Energy; (iv) the Department of Labor; (v) the Department of the Treasury; (vi) the Small Business Administration; (vii) the Office of Management and Budget; (viii) the Office of Science and Technology Policy; (ix) the Office of the United States Trade Representative; and (x) such other Federal agencies as the Secretary considers appropriate; and (B) submit to Congress a report on such survey that includes the recommendations of the Secretary on how each Federal agency surveyed can best support the comprehensive national manufacturing strategy required by subsection (b)(1). (2) Sharing of information.--The head of each agency of the Federal Government shall, to the extent practicable, cooperate with the Secretary of Commerce in the conduct of the survey required by paragraph (1) and provide to the Secretary such information about such United States manufacturing sectors as the Secretary may require. (3) Listening sessions.--In conducting the survey required by paragraph (1), the Secretary shall hold not fewer than 2 listening sessions that include witnesses from manufacturing sectors that the Secretary considers important. (e) Report on Progress and Trends in Manufacturing.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report that summarizes the progress and trends in United States manufacturing since the Secretary's 2004 report, ``Manufacturing in America: A Comprehensive Strategy to Address the Challenges to United States Manufacturers'', and 2009 report, ``A Framework for Revitalizing American Manufacturing''. (f) Biennial Manufacturer Survey and Report.-- (1) Survey.--Not later than 1 year after the date of the enactment of this Act and not less frequently than once every 2 years thereafter through fiscal year 2016, the Secretary shall conduct a survey of all persons with headquarters in the United States that maintain manufacturing facilities outside of the United States to identify-- (A) the categories of products manufactured at such facilities; and (B) the number of manufacturing jobs located at such facilities. (2) Promotion of development and competitiveness of manufacturing sector.--In carrying out each survey required by paragraph (1), the Secretary shall ensure that the information gathered is useful for understanding how policy can be tailored to promote development and competitiveness in the manufacturing sector. (3) Database.--The Secretary shall create and maintain a database of the information collected through each survey conducted pursuant to paragraph (1). (4) Report.--Not later than 90 days after conducting each survey required by paragraph (1), the Secretary shall submit to Congress a report on the most recent survey conducted pursuant to paragraph (1), including the following: (A) The findings of the Secretary with respect to such survey. (B) Longitudinal trends in United States manufacturing and the creation of manufacturing jobs in the United States.

Directs the Secretary of Commerce to assess the U.S. economy to determine what goods the United States currently produces, where such goods are produced, which U.S. manufacturing sector is the most competitive in the global economy, and what policies are necessary to maintain or increase the competitiveness of U.S. manufacturing in the global economy. Requires the Secretary to: (1) develop and submit to Congress a comprehensive national manufacturing strategy; (2) establish and submit to Congress targets for the growth of U.S. manufacturing for each of FY2012-FY2016; (3) survey all federal agencies that provide support to U.S. manufacturers, and report survey results to Congress; (4) report to Congress on progress and trends in U.S. manufacturing since a specified 2004 report by the Secretary concerning manufacturing in America; and (5) biennially survey U.S. entities that maintain manufacturing facilities outside the United States, maintain a database on information collected through each survey, and submit each survey's results to Congress.

A bill to require the Secretary of Commerce to develop a comprehensive national manufacturing strategy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care for Veterans of Project 112/Project SHAD Act of 2003''. SEC. 2. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED IN CERTAIN DEPARTMENT OF DEFENSE CHEMICAL AND BIOLOGICAL WARFARE TESTING. Section 1710(e) of title 38, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following new subparagraph: ``(E) Subject to paragraphs (2) and (3), a veteran who participated in a test conducted by the Department of Defense Deseret Test Center as part of a program for chemical and biological warfare testing from 1962 through 1973 (including the program designated as `Project Shipboard Hazard and Defense (SHAD)' and related land-based tests) is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such testing.''. (2) in paragraph (2)(B), by striking out ``paragraph (1)(C) or (1)(D)'' and inserting ``subparagraph (C), (D), or (E) of paragraph (1)''; and (3) in paragraph (3)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) in the case of care for a veteran described in paragraph (1)(E), after December 31, 2005.''. SEC. 3. IMPROVEMENTS TO THE RETENTION AND RECRUITMENT OF HEALTH CARE PROFESSIONALS. (a) Promotion Standards for Health Care Personnel.--Subsection (c) of 7403 of title 38, United States Code, is amended by striking ``Promotions'' and inserting ``Consistent with subsection (a) of section 7422 of this title, and notwithstanding subsection (b) of that section, promotions''. (b) Promotions for Nurses Who Do Not Have Baccalaureate Degrees.-- Such section is further amended by adding at the end the following new subsection: ``(h) In a case in which a registered nurse has accomplished the performance elements required for promotion to the next grade, the lack of a baccalaureate degree in nursing shall not be a bar to promotion to that grade, and in such a case the registered nurse shall not be denied a promotion on that basis.''. SEC. 4. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION. (a) In General.--Section 7454(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Employees appointed under section 7408 of this title shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.''. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act. SEC. 5. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER ADDITIONAL EMPLOYMENT LAWS. (a) Coverage.--Paragraph (5) of section 7802 of title 38, United States Code, is amended by inserting before the semicolon a period and the following: ``An employee appointed under this section may be considered for appointment to a Department position in the competitive service in the same manner that a Department employee in the competitive service is considered for transfer to such position. An employee of the Service who is appointed to a Department position in the competitive service under the authority of the preceding sentence may count toward the time-in-service requirement for a career appointment in such position any previous period of employment in the Service''. (b) Technical Amendments.--Such section is further amended-- (1) by striking the semicolon at the end of each of paragraphs (1) through (10) and inserting a period; (2) by striking ``The Secretary '' and all that follows through ``(1) establish,'' and inserting ``(a) Locations for Canteens.--The Secretary shall establish,''; (3) by redesignating paragraphs (2) through (11) as subsections (b) through (k), respectively, and by realigning those subsections (as so redesignated) so as to be flush to the left margin; (4) in subsection (b) (as so redesignated), by inserting ``Warehouses and Storage Depots.--The Secretary shall'' before ``establish''; (5) in subsection (c) (as so redesignated), by inserting ``Space, Buildings, and Structures.--The Secretary shall'' before ``furnish''; (6) in subsection (d) (as so redesignated), by inserting ``Equipment, Services, and Utilities.--The Secretary shall'' before ``transfer''; (7) in subsection (e) (as so redesignated and as amended by subsection (a)), by inserting ``Personnel.--The Secretary shall'' before ``employ''; (8) in subsection (f) (as so redesignated), by inserting ``Contracts and Agreements.--The Secretary shall'' before ``make all''; (9) in subsection (g) (as so redesignated), by inserting ``Prices.--The Secretary shall'' before ``fix the''; (10) in subsection (h) (as so redesignated), by inserting ``Gifts and Donations.--The Secretary may'' before ``accept''; (11) in subsection (i) (as so redesignated), by inserting ``Rules and Regulations.--The Secretary shall'' before ``make such''; (12) in subsection (j) (as so redesignated), by inserting ``Delegation.--The Secretary may'' before ``delegate such''; and (13) in subsection (k) (as so redesignated), by inserting ``Authority To Cash Checks, Etc.--The Secretary may'' before ``authorize''. Passed the House of Representatives September 10, 2003. Attest: JEFF TRANDAHL, Clerk.

Health Care for Veterans of Project 112/Project SHAD Act of 2003 - Makes a veteran who participated in a test conducted by the Department of Defense Deseret Test Center as part of a program for chemical and biological warfare testing from 1962 through 1973 (including the program designated as Project Shipboard Hazard and Defense (SHAD) and related land-based tests) eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such testing. Terminates such eligibility after December 31, 2005. (Sec. 3) Prohibits the lack of a baccalaureate degree in nursing from being a bar to, or resulting in the denial of, a promotion to the next higher grade for a Veterans Health Administration (VHA) registered nurse who has accomplished required performance elements. (Sec. 4) Authorizes additional pay for Saturday VHA nursing duty. (Sec. 5) Allows: (1) employees of the Veterans' Canteen Service (Service) to be considered for appointment to a Department position in the competitive service in the same manner that Department employees in the competitive service are considered for transfer to Service positions; and (2) former Service employees to count their previous period of employment toward the time-in-service requirement of a Department position in the competitive service.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide veterans who participated in certain Department of Defense chemical and biological warfare testing with health care for their illness without requirement for proof of service-connection.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Whale Conservation Fund Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the populations of whales that occur in waters of the United States are resources of substantial ecological, scientific, socioeconomic, and esthetic value; (2) whale populations-- (A) form a significant component of marine ecosystems; (B) are the subject of intense research; (C) provide for a multimillion dollar whale watching tourist industry that provides the public an opportunity to enjoy and learn about great whales and the ecosystems of which the whales are a part; and (D) are of importance to Native Americans for cultural and subsistence purposes; (3) whale populations are in various stages of recovery, and some whale populations, such as the northern right whale (Eubaleana glacialis) remain perilously close to extinction; (4) the interactions that occur between ship traffic, commercial fishing, whale watching vessels, and other recreational vessels and whale populations may affect whale populations adversely; (5) the exploration and development of oil, gas, and hard mineral resources, marine debris, chemical pollutants, noise, and other anthropogenic sources of change in the habitat of whales may affect whale populations adversely; (6) the conservation of whale populations is subject to difficult challenges related to-- (A) the migration of whale populations across international boundaries; (B) the size of individual whales, as that size precludes certain conservation research procedures that may be used for other animal species, such as captive research and breeding; (C) the low reproductive rates of whales that require long-term conservation programs to ensure recovery of whale populations; and (D) the occurrence of whale populations in offshore waters where undertaking research, monitoring, and conservation measures is difficult and costly; (7)(A) the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, has research and regulatory responsibility for the conservation of whales under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); and (B) the heads of other Federal agencies and the Marine Mammal Commission established under section 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401) have related research and management activities under the Marine Mammal Protection Act of 1972 or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (8) the funding available for the activities described in paragraph (8) is insufficient to support all necessary whale conservation and recovery activities; and (9) there is a need to facilitate the use of funds from non-Federal sources to carry out the conservation of whales. SEC. 3. NATIONAL WHALE CONSERVATION FUND. Section 4 of the National Fish and Wildlife Establishment Act (16 U.S.C. 3703) is amended by adding at the end the following: ``(f)(1) In carrying out the purposes under section 2(b), the Foundation may establish a national whale conservation endowment fund, to be used by the Foundation to support research, management activities, or educational programs that contribute to the protection, conservation, or recovery of whale populations in waters of the United States. ``(2)(A) In a manner consistent with subsection (c)(1), the Foundation may-- ``(i) accept, receive, solicit, hold, administer, and use any gift, devise, or bequest made to the Foundation for the express purpose of supporting whale conservation; and ``(ii) deposit in the endowment fund under paragraph (1) any funds made available to the Foundation under this subparagraph, including any income or interest earned from a gift, devise, or bequest received by the Foundation under this subparagraph. ``(B) To raise funds to be deposited in the endowment fund under paragraph (1), the Foundation may enter into appropriate arrangements to provide for the design, copyright, production, marketing, or licensing, of logos, seals, decals, stamps, or any other item that the Foundation determines to be appropriate. ``(C)(i) The Secretary of Commerce may transfer to the Foundation for deposit in the endowment fund under paragraph (1)-- ``(I) any amount (or portion thereof) received by the Secretary under section 105(a)(1) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the Secretary under that section; or ``(II) any amount (or portion thereof) received by the Secretary as a settlement or award for damages in a civil action or other legal proceeding relating to damage of natural resources. ``(ii) The Directors of the Board shall ensure that any amounts transferred to the Foundation under clause (i) for the endowment fund under paragraph (1) are deposited in that fund in accordance with this subparagraph. ``(3) It is the intent of Congress that in making expenditures from the endowment fund under paragraph (1) to carry out activities specified in that paragraph, the Foundation should give priority to funding projects that address the conservation of populations of whales that the Foundation determines-- ``(A) are the most endangered (including the northern right whale (Eubaleana glacialis)); or ``(B) most warrant, and are most likely to benefit from, research managment, or educational activities that may be funded with amounts made available from the fund. ``(g) In carrying out any action on the part of the Foundation under subsection (f), the Directors of the Board shall consult with the Administrator of the National Oceanic and Atmospheric Administration and the Marine Mammal Commission.''.

National Whale Conservation Fund Act of 1998 - Amends the National Fish and Wildlife Establishment Act to authorize the National Fish and Wildlife Foundation to establish a national whale conservation endowment fund to be used to support research, management activities, or educational programs that contribute to the protection, conservation, or recovery of whale populations in U.S. waters. Permits the Foundation to enter into appropriate arrangements to provide for the design, copyright, production, marketing, or licensing of logos, seals, decals, stamps, or any other item that the Foundation determines to be appropriate to raise funds to be deposited in the fund. Authorizes the Secretary of Commerce to transfer to the Foundation for deposit in the fund: (1) any amount received by the Secretary as a civil penalty assessed under the Marine Mammal Protection Act of 1972; or (2) any amount received by the Secretary as a settlement or award for damages in a civil action or other legal proceeding relating to damage of natural resources. Declares it is the intent of the Congress that, in making expenditures from the fund, the Foundation should give priority to projects that address the conservation of populations of whales that the Foundation determines: (1) are the most endangered; or (2) most warrant, and are most likely to benefit from, research management or educational activities. Requires the Directors to consult with the Administrator of the National Oceanic and Atmospheric Administration and the Marine Mammal Commission in carrying out any action under this Act.

National Whale Conservation Fund Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Inpatient Rehabilitation Therapy Act of 2017''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Intensive, coordinated medical rehabilitation provided in inpatient rehabilitation hospitals and units is critical to Medicare beneficiaries with injuries, illnesses, disabilities, and chronic conditions in order to return to health, full function, independent living, and a high quality of life. (2) The Centers for Medicare & Medicaid Services (in this section referred to as ``CMS'') uses an ``intensity of therapy'' requirement to help determine which Medicare beneficiaries are appropriate for treatment in an inpatient rehabilitation hospital or unit. CMS has interpreted the intensity of therapy requirement through application of the so- called ``Three Hour Rule'' (42 C.F.R. 412.622(a)(3)(ii)) which requires the patient to be able to participate in three hours of rehabilitation therapy per day, five days per week, or 15 hours of rehabilitation therapy over a one-week period. (3) Before 2010, CMS regulations explicitly stated that physical therapy, occupational therapy, speech therapy, and/or orthotics and prosthetics were counted toward the Three Hour Rule on an as-needed basis. In addition, CMS regulations stated that ``other therapeutic modalities'' that were determined by the physician and the rehabilitation team to be needed by the patient ``on a priority basis'' would qualify toward satisfaction of the rule (HCFA Ruling 85-2). (4) This language allowed recreational therapy to count toward satisfaction of the Three Hour Rule for patients who required this mix of therapies on a priority basis in the inpatient rehabilitation hospital or unit setting. (5) CMS by regulation (74 Fed. Reg. 39811 (August 7, 2009)) revised these prior regulations, effective January 1, 2010, by limiting the Three Hour Rule to recognize only four services (namely, physical, occupational, and speech therapy as well as orthotics and prosthetics) and removing the discretion of the physician and the rehabilitation team to count other therapeutic services needed by the patient toward satisfaction of the Three Hour Rule. As a result, recreational therapy services are often not available to patients who require medically necessary recreational therapy as part of their plan of care. (6) Recreational therapy is a treatment service designed to restore, remediate, and rehabilitate a patient's level of functioning and independence in life activities, to promote health and wellness as well as to reduce or eliminate the activity limitations and restrictions to participation in life situations caused by an illness or disabling condition. Recreational therapy in the inpatient rehabilitation hospital and unit setting is provided by qualified recreational therapists when required by the patient's condition and prescribed by a physician as part of a patient's plan of care. (b) Purpose.--It is the purpose of this Act to restore reliance on the professional judgment of the treating physician and the rehabilitation team when determining whether a Medicare patient meets the intensity of therapy requirement of an inpatient rehabilitation hospital or unit in order for that patient to gain access to the appropriate mix of medically necessary therapeutic rehabilitation services in that setting, including physical therapy, occupational therapy, and, as needed, speech therapy, orthotics and prosthetics, and recreational therapy. SEC. 3. INCLUDING RECREATIONAL THERAPY AMONG THE THERAPY MODALITIES THAT CONSTITUTE AN INTENSIVE REHABILITATION THERAPY PROGRAM IN DETERMINING THE MEDICAL NECESSITY OF SERVICES IN AN INPATIENT REHABILITATION FACILITY (IRF). (a) In General.--Section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) is amended by adding at the end the following new paragraph: ``(9) Including recreational therapy among therapy modalities that constitute an intensive rehabilitation therapy program in a rehabilitation facility.--The Secretary shall include recreational therapy services among the therapeutic modalities that constitute an intensive rehabilitation program in determining (pursuant to applicable regulations) whether inpatient services in a rehabilitation facility are reasonable and necessary under section 1862(a)(1)(A).''. (b) Effective Date.--The amendment made by section (a) shall apply to services furnished on or after January 1, 2018.

Access to Inpatient Rehabilitation Therapy Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services, for purposes of determining whether inpatient rehabilitation-facility services are reasonable and necessary under Medicare, to include recreational-therapy services among the therapeutic modalities that constitute an intensive rehabilitation-therapy program.

Access to Inpatient Rehabilitation Therapy Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Smoking Prevention Act of 1995''. SEC. 2. AUTHORITY TO REGULATE TOBACCO AND OTHER PRODUCTS CONTAINING NICOTINE. (a) Food and Drug Administration.--The Secretary of Health and Human Services does not have any authority under-- (1) the Federal Food, Drug, and Cosmetic Act, (2) the Federal Cigarette Labeling and Advertising Act, or (3) the Comprehensive Smokeless Tobacco Health Education Act of 1986, to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. (b) Federal Authority.--The Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine is established as a condition to the receipt by States of the Federal preventive health and health services block grant. SEC. 3. REGULATION OF STATE AUTHORITY. (a) In General.--Section 1926(a)(1) of the Public Health Service Act (42 U.S.C. sec. 300x-26(a)(1)) is amended to read as follows: ``(1) In general.--Subject to paragraph (2), for fiscal year 1997 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved has in effect a law which provides the following: ``(A) Minors.-- ``(i) Sales.--It shall be unlawful to sell tobacco and other tobacco products containing nicotine to an individual under the age of 18. Tobacco and other tobacco products containing nicotine may be sold only to individuals who present a document containing the individual's photograph and date of birth. Any person who violates this paragraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(ii) Purchase.--It shall be unlawful for an individual under the age of 18 to purchase any tobacco and other tobacco product containing nicotine. Any individual who violates this paragraph for the first time shall be fined not more than $100, required to perform community service, or required to attend education and training in the hazards of smoking. Any individual who violates this paragraph more than once shall be fined not more than $100, required to perform community service, and required to attend education and training in the hazards of smoking. Such education and training shall be funded by the fines collected under this paragraph. ``(iii) Identification.--It shall be unlawful for an individual to present identification for the purchase of tobacco and other tobacco products containing nicotine which is false. Any individual who violates this paragraph shall be fined not more than $250, required to perform community service, and required to attend education and training in the hazards of smoking. ``(B) Sales of specific products.--It shall be unlawful to sell-- ``(i) individual cigarettes, and ``(ii) packages of cigarettes which contain less than 20 cigarettes. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(C) Vending machines.--No person, firm, partnership, company, or corporation shall operate a vending machine which dispenses cigarettes or smokeless tobacco products unless such vending machine is in a location that is in plain view and under the direct supervision and control of the individual in charge of the location or such individual's designated agent or employee, except that this subparagraph shall not apply in the case of a vending machine that is located-- ``(i) at a private club; ``(ii) at a bar or bar area of a food service establishment; ``(iii) at a factory, warehouse, tobacco business, or any other place of employment which has an insignificant portion of its regular workforce comprised of individuals under the age of 18 years and only if such machines are located in an area that is not accessible to the general public; ``(iv) in any place if the vending machine is equipped with a device which controls the sale of tobacco products from the machine to individuals under the age of 18; or ``(v) in such other location or made available in another manner that is expressly permitted under applicable State law. ``(D) Self-service displays.--It shall be unlawful to make tobacco and other tobacco products containing nicotine available to individuals under the age of 18 in self-service displays which are not under the supervision of an individual over the age of 18. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(E) Samples.--It shall be unlawful to distribute free samples of tobacco and other tobacco products containing nicotine to individuals under the age of 18 through the mail or otherwise. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(F) Use of mail.--It shall be unlawful to distribute tobacco and other tobacco products containing nicotine through the mail to individuals under the age of 18. Such tobacco products when distributed through the mails is nonmailable matter and such distribution shall be penalized in accordance with chapter 30 of title 39, United States Code. ``(G) General requirements applicable to sales.-- Tobacco and other tobacco products containing nicotine which are offered for sale at retail must be in the sight and control of the person responsible for making the sales. Any person offering such products for sale at retail shall post, in accordance with regulations of the State, signs stating the minimum purchase age, stating health warnings, and stating the penalties for violations of the requirements of this paragraph. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(H) Notice to employees.--Each owner of a retail establishment which sells tobacco and other tobacco products containing nicotine shall notify each individual employed in the establishment as a retail sales clerk that the sale of tobacco and such products to individuals under the age of 18 and the purchase by such individuals of tobacco and such products are prohibited. Such notice shall be provided to such an employee before such employee begins work as a retail sales clerk or if such work has been begun, within 30 days of the date of the enactment of this paragraph. Such an employee shall sign a form stating that such employee has been notified of the prohibited acts. Such an owner shall retain such forms and make them available to persons conducting inspections under this paragraph. An owner who fails to make such notice or retain such a form shall be fined not less than $100 and not more than $250. ``(I) Licenses.--No person may engage in the retail sale of cigarettes without a license issued for such purpose by the State. The license shall be-- ``(i) issued in accordance with such system, ``(ii) issued for such fee, and ``(iii) issued for such term, as the State shall establish. The State shall establish penalties (including loss of license) for sales without a license and other sales in violation of this paragraph. ``(J) State responsibilities.--The State shall conduct annual random unannounced inspections of over- the-counter and vending machine outlets for the sale of tobacco and other tobacco products containing nicotine to assure that sales of tobacco and other tobacco products containing nicotine are being made in accordance with this paragraph so that individuals under the age of 18 do not have access to tobacco and other tobacco products containing nicotine. ``(K) Advertising.-- ``(i) Billboards.--Billboards which advertise tobacco and other tobacco products containing nicotine may not be placed within the line of sight of any individual in a school or in an area designated as a playground. ``(ii) Brand names and logos.--The brand name or logo of a manufacturer of tobacco and other tobacco products containing nicotine may not be placed on any item marketed specifically to minors, including toys and video games.''. (b) Conforming Amendments.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended-- (1) in subsection (a)(2), by striking ``1993'' and inserting ``1997''; (2) in subsection (a)(2), by striking ``1994'' and inserting ``1998''; and (3) in subsection (a)(2), by striking ``1995'' and inserting ``1999''; (4) in subsection (d)(1), by striking ``1995'' and inserting ``1999''; and (5) in subsection (d)(2), by striking ``1994'' and inserting ``1998''. (c) Noncompliance.--Section 1926(c) of the Public Health Service Act (42 U.S.C. sec. 300x-26(c)) is amended-- (1) in paragraph (1), by striking ``10 percent'' and inserting ``20 percent''; (2) in paragraph (2), by striking ``20 percent'' and inserting ``40 percent''; (3) in paragraph (3), by striking ``30 percent'' and inserting ``60 percent''; and (4) in paragraph (4), by striking ``40 percent'' and inserting ``80 percent''. (d) Enforcement.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended by adding at the end thereof the following: ``(e) Enforcement.--Any amounts made available to a State through a grant under section 1921 may be used to enforce the laws described in subsection (a).''. SEC. 4. REPORT. The Secretary of Health and Human Services shall make an annual report to the Congress on the actions taken by the States in compliance with section 1926(a)(1) of the Public Health Service Act as amended by section 3.

Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant. Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting: (1) sale of tobacco or tobacco products to individuals under the age of 18; (2) purchase of those materials by such individuals; (3) use of false identification for the purchase of those materials; (4) sale of individual cigarettes and packages of fewer than 20 cigarettes; (5) operation of a vending machine dispensing such materials unless specified requirements are met; (6) use of unsupervised self-service displays; (7) distribution of free samples to such individuals; and (8) distribution through the mail to such individuals. Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment. Prohibits engaging in the retail sale of cigarettes without a license issued by the State. Sets forth State responsibilities. Regulates billboard advertising. Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games. Allows use of amounts available under such block grants to enforce the laws described in this Act.

Youth Smoking Prevention Act of 1995

SECTION 1. FINDINGS; SENSE OF THE CONGRESS. (a) Findings.--The Congress finds the following: (1) The workers who mine American coal have fueled nearly 2 centuries of industrial development, and are crucial to the Nation's economic well-being. (2) The Federal Government has had a central role with regard to both the coal industry and the health and welfare of coal miners. Both the Congress and the executive branch have frequently intervened in the coal industry to protect the interests of both coal miners and the industry itself. For example-- (A) the Congress enacted legislation-- (i) regulating the coal industry to protect the health and safety of coal miners; and (ii) guaranteeing health care for coal miners and their families, and providing benefits to victims of black lung disease; and (B) the Executive Branch has seized the Nation's coal mines for the purpose of negotiating a collective bargaining agreement on the mine owners' behalf, has otherwise frequently intervened in collective bargaining in the coal industry, and has created numerous panels and commissions to study problems and issues unique to coal mining communities and the coal Industry. (3) Because coal is an abundant domestic resource, a strong coal industry serves to reduce American dependence upon foreign oil and is vital both to commerce and to the defense of the United States. (4) As the result of the abuse of the provisions of bankruptcy law, certain coal industry employers have been able to gain unfair advantages over their competitors, primarily at the expense of their employees. (b) Sense of the Congress.-- It is the sense of the Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses. SEC. 2. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE. Title 11 of the United States Code is amended-- (1) in section 101 by inserting after paragraph (5) the following: ``(5A) Coal industry employer.--The term `coal industry employer' means an employer in the coal industry, and all members of the employer's controlled group of corporations and all trades and businesses under common control (within the meaning of sections 52(a) and 52(b) of the Internal Revenue Code of 1986). ``(5B) Covered facility of a coal industry employer.--The term `covered facility of a coal industry employer' means any facility owned or operated by a coal industry employer that is involved in the production, processing, or transportation of coal.''; (2) in section 363 by adding at the end the following: ``(p) Notwithstanding subsection (f), a covered facility of a debtor that is coal industry employer that is sold by the trustee shall remain subject to the labor rights of the current and former employees of the debtor. For purposes of this subsection, the term `labor rights' means-- ``(1) if the employees at a covered facility of a coal industry employer to be sold are covered under the terms of a current collective bargaining agreement (other than an agreement that has been rejected pursuant to the terms of sections 365 or 1113), the obligations of the debtor arising under that agreement or under the National Labor Relations Act; or ``(2) if the employees at a covered facility of a coal industry employer to be sold are represented by a labor organization but are not covered under the terms of an current collective bargaining agreement, the obligations of the debtor arising under the National Labor Relations Act. Furthermore, in the case of the sale of a covered facility of a coal industry employer at which employees are represented by a labor organization, such labor organization shall be conclusively presumed to enjoy majority support for a period of 1 year from the date of such sale, or such longer period as required by applicable nonbankruptcy law.''; (3) in section 1113 by adding at the end the following: ``(g)(1) Notwithstanding any other provision of this section, no application for the rejection of a collective bargaining agreement between a coal industry employer relating to a covered facility of such coal industry employer shall be approved unless the following additional conditions are met: ``(A) The information provided pursuant to subsection (b)(1)(B) has been personally verified by the principal officers (including the principal executive officer and principal financial officer) of the debtor under penalty of perjury. ``(B) As soon as practicable after the filing of an application under this section, the Secretary of Labor shall submit a list of five disinterested individuals who are qualified and willing to serve as trustees in the case. The United States trustee shall appoint one of such individuals to serve as trustee in the case. ``(C) The court finds that the executive management of the debtor has not received any wage increases or bonuses during the period that the case is pending under this title, or within the year preceding the filing of the petition, or that any such wage increases or bonuses have been disgorged and refunded to the debtor. ``(D) The court finds that the proposal made pursuant to subsection (b)(1)(A)-- ``(i) does not purport to relieve the debtor, or the purchaser of a covered facility of a coal industry employer, from any obligations otherwise arising under the National Labor Relations Act; ``(ii) provides that the purchaser of any facility owned by the debtor is to be considered a `successor' under the National Labor Relations Act; ``(iii) does not abridge labor rights, as defined in section 363(p); and ``(iv) provides that existing employees retain all noneconomic employment rights provided under the terms of the collective bargaining agreement (including the right to not be terminated without cause and any recall rights following a layoff), both with regard to the debtor and the purchaser of a covered facility of a coal industry employer. ``(2) Any obligations arising under the terms of a collective bargaining agreement prior to the entry of relief under this section shall be secured by a lien on all of the assets of the debtor.''; and (4) in section 1114 by adding the following at the end: ``(m) If the court enters an order approving an application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility of such coal industry employer, all members of the debtor's controlled group of corporations and all trades and businesses under common control (within the meaning of sections 52(a) and 52(b) of the Internal Revenue Code of 1986) shall be jointly and severally liable for all damages arising as the result of the entry of such order, and all such claims shall be entitled to priority pursuant to section 507(a)(1).''. SEC. 3. EFFECTIVE DATE AND APPLICATION OF AMENDMENTS. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, and shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after such date.

Expresses the sense of Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses. Amends Federal bankruptcy law to declare that sale by the bankruptcy trustee of a facility owned or operated by a coal industry employer involved in coal production, processing, or transportation is subject to the labor rights of the current and former employees of the debtor. States that if employees at such facility are represented by a labor organization, such organization is conclusively presumed to enjoy majority support for a period of one year from the date of such sale, or such longer period as required by applicable nonbankruptcy law. Sets forth criteria for approval of an application to reject a collective bargaining agreement by a coal industry employer relating to a covered facility. States that obligations arising under the terms of a collective bargaining agreement before the entry of bankruptcy relief are secured by a lien on all of the debtor's assets. Declares that all members of a debtor's controlled group of corporations are jointly and severally liable for damages arising as the result of the court-approved application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility. Declares all such claims entitled to priority status.

To amend title 11 of the United States Code to protecting the labor rights of current and former employees of coal industry employers that are debtors under such title.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Growing Our Manufacturing Employment Act'' or the ``GoMe Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. MANUFACTURER'S JOBS CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45O. MANUFACTURER'S JOBS CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an eligible taxpayer, the manufacturer's jobs credit determined under this section is an amount equal to the lesser of the following: ``(1) The excess of the W-2 wages paid by the taxpayer during the taxable year over the W-2 wages paid by the taxpayer during the preceding taxable year. ``(2) The W-2 wages paid by the taxpayer during the taxable year to any employee who is an eligible TAA recipient (as defined in section 35(c)(2)) or an eligible alternative TAA recipient (as defined in section 35(c)(3)) for any month during such taxable year. ``(3) 31.7 percent of the W-2 wages paid by the taxpayer during the taxable year. ``(b) Limitation.--The amount of credit determined under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this subsection) as-- ``(1) the excess of the W-2 wages paid by the taxpayer to employees outside the United States during the taxable year over such wages paid during the most recent taxable year ending before the date of the enactment of this section, bears to ``(2) the excess of the W-2 wages paid by the taxpayer to employees within the United States during the taxable year over such wages paid during such most recent taxable year. ``(c) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer-- ``(1) which has domestic production gross receipts for the taxable year and the preceding taxable year, and ``(2) which is not treated at any time during the taxable year as an inverted domestic corporation under section 7874. ``(d) Definitions.--For purposes of this section, W-2 wages and domestic production gross receipts shall be determined in the same manner as under section 199. ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2009.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) the manufacturer's jobs credit determined under section 45O.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following: ``Sec. 45O. Manufacturer's jobs credit''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41(h)(1)(B) is amended by striking ``2007'' and inserting ``2012''. (b) Conforming Amendment.--Section 45C(b)(1)(D) is amended by striking ``2007'' and inserting ``2012''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2007. SEC. 4. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE. (a) In General.--Section 7701 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Clarification of Economic Substance Doctrine; Etc.-- ``(1) General rules.-- ``(A) In general.--In any case in which a court determines that the economic substance doctrine is relevant for purposes of this title to a transaction (or series of transactions), such transaction (or series of transactions) shall have economic substance only if the requirements of this paragraph are met. ``(B) Definition of economic substance.--For purposes of subparagraph (A)-- ``(i) In general.--A transaction has economic substance only if-- ``(I) the transaction changes in a meaningful way (apart from Federal tax effects) the taxpayer's economic position, and ``(II) the taxpayer has a substantial nontax purpose for entering into such transaction and the transaction is a reasonable means of accomplishing such purpose. In applying subclause (II), a purpose of achieving a financial accounting benefit shall not be taken into account in determining whether a transaction has a substantial nontax purpose if the origin of such financial accounting benefit is a reduction of income tax. ``(ii) Special rule where taxpayer relies on profit potential.--A transaction shall not be treated as having economic substance by reason of having a potential for profit unless-- ``(I) the present value of the reasonably expected pre-tax profit from the transaction is substantial in relation to the present value of the expected net tax benefits that would be allowed if the transaction were respected, and ``(II) the reasonably expected pre- tax profit from the transaction exceeds a risk-free rate of return. ``(C) Treatment of fees and foreign taxes.--Fees and other transaction expenses and foreign taxes shall be taken into account as expenses in determining pre- tax profit under subparagraph (B)(ii). ``(2) Special rules for transactions with tax-indifferent parties.-- ``(A) Special rules for financing transactions.-- The form of a transaction which is in substance the borrowing of money or the acquisition of financial capital directly or indirectly from a tax-indifferent party shall not be respected if the present value of the deductions to be claimed with respect to the transaction is substantially in excess of the present value of the anticipated economic returns of the person lending the money or providing the financial capital. A public offering shall be treated as a borrowing, or an acquisition of financial capital, from a tax- indifferent party if it is reasonably expected that at least 50 percent of the offering will be placed with tax-indifferent parties. ``(B) Artificial income shifting and basis adjustments.--The form of a transaction with a tax- indifferent party shall not be respected if-- ``(i) it results in an allocation of income or gain to the tax-indifferent party in excess of such party's economic income or gain, or ``(ii) it results in a basis adjustment or shifting of basis on account of overstating the income or gain of the tax-indifferent party. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Economic substance doctrine.--The term `economic substance doctrine' means the common law doctrine under which tax benefits under subtitle A with respect to a transaction are not allowable if the transaction does not have economic substance or lacks a business purpose. ``(B) Tax-indifferent party.--The term `tax- indifferent party' means any person or entity not subject to tax imposed by subtitle A. A person shall be treated as a tax-indifferent party with respect to a transaction if the items taken into account with respect to the transaction have no substantial impact on such person's liability under subtitle A. ``(C) Exception for personal transactions of individuals.--In the case of an individual, this subsection shall apply only to transactions entered into in connection with a trade or business or an activity engaged in for the production of income. ``(D) Treatment of lessors.--In applying paragraph (1)(B)(ii) to the lessor of tangible property subject to a lease-- ``(i) the expected net tax benefits with respect to the leased property shall not include the benefits of-- ``(I) depreciation, ``(II) any tax credit, or ``(III) any other deduction as provided in guidance by the Secretary, and ``(ii) subclause (II) of paragraph (1)(B)(ii) shall be disregarded in determining whether any of such benefits are allowable. ``(4) Other common law doctrines not affected.--Except as specifically provided in this subsection, the provisions of this subsection shall not be construed as altering or supplanting any other rule of law, and the requirements of this subsection shall be construed as being in addition to any such other rule of law. ``(5) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations may include exemptions from the application of this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to transactions entered into after the date of the enactment of this Act.

Growing Our Manufacturing Employment Act or the GoMe Act - Amends the Internal Revenue Code to: (1) allow certain employers with domestic production gross receipts in the current and preceding taxable year a manufacturer's jobs tax credit through 2009 for annual increases in wages paid to their employees and to employees eligible for benefits under the Trade Adjustment Act; (2) extend through 2012 the tax credit for increasing research expenses; and (3) set forth rules for the application of the economic substance doctrine.

A bill to amend the Internal Revenue Code of 1986 to provide for a manufacturer's jobs credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SMA Treatment Acceleration Act of 2009''. SEC. 2. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY. Part B of title IV of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 409J. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY. ``(a) Clinical Trials Network.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, and such other Institutes and Centers as specified by the Director shall provide for the upgrading and unification of spinal muscular atrophy clinical trial sites and the recruitment of new investigators and sites to establish a national clinical trials network for spinal muscular atrophy. The Director of NIH shall ensure that such network-- ``(1) conducts coordinated, multisite, clinical trials of therapies and clinical approaches to the treatment of spinal muscular atrophy; and ``(2) rapidly and efficiently disseminates scientific findings to the field. ``(b) Data Coordinating Center.--The Director of NIH, in coordination with the Commissioner of Food and Drugs and the Directors of the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, and such other Institutes and Centers as specified by the Director, shall establish a data coordinating center with respect to spinal muscular atrophy to-- ``(1) provide expert assistance in the design, conduct, data analysis, data management, and data warehousing of collaborative clinical and descriptive research projects; ``(2) organize and conduct multi-site monitoring activities; ``(3) provide regular reports to the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, such other Institutes and Centers as specified by the Director, and the Food and Drug Administration on enrollment and the allocation of resources; and ``(4) conduct such other activities as are deemed necessary by the Secretary. ``(c) Pre-Clinical Activities.--The Director of NIH, in coordination with the Directors of the National Institute of Neurological Disorders and Stroke and the National Institute of Child Health and Human Development, shall expand and intensify programs of such Institutes with respect to pre-clinical translation research related to spinal muscular atrophy.''. SEC. 3. NATIONAL PATIENT REGISTRY. Part P of title III of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 399S. NATIONAL SPINAL MUSCULAR ATROPHY PATIENT REGISTRY. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Director of the NIH, shall enhance and provide ongoing support to a spinal muscular atrophy patient registry to provide for expanded epidemiological research towards improving awareness, management, treatment, and prevention of spinal muscular atrophy. ``(b) Longitudinal Data.--In carrying out subsection (a), the Secretary shall ensure the collection and analysis of longitudinal data related to individuals of all ages with spinal muscular atrophy, including infants, young children, adolescents, and adults of all ages.''. SEC. 4. INTERAGENCY SPINAL MUSCULAR ATROPHY RESEARCH COORDINATING COMMITTEE. Part B of title IV of the Public Health Service Act, as amended by section 2, is further amended by adding at the end the following new section: ``SEC. 409K. INTERAGENCY SPINAL MUSCULAR ATROPHY RESEARCH COORDINATING COMMITTEE. ``(a) Establishment.--Not later than 6 months after the date of the enactment of this section, the Secretary shall establish a committee, to be known as the Interagency Spinal Muscular Atrophy Research Coordinating Committee (in this section referred to as the `Committee'). ``(b) Duties.--The Committee shall-- ``(1) share and coordinate information on existing research activities, and make recommendations to the National Institutes of Health and other Federal agencies regarding how to improve existing research programs, that are related to spinal muscular atrophy research and other related neurological diseases and disorders; ``(2) develop a comprehensive strategy related to spinal muscular atrophy research and other related neurological diseases and disorders and advise the National Institutes of Health and other Federal agencies, expanding proposals for collaborative, multidisciplinary research, including proposals for Common Fund research described in section 402(b)(7) and other proposals that involve collaboration between 2 or more national research institutes or national centers; ``(3) provide annual reports to the Secretary regarding the National Institutes of Health and other Federal agencies' collaborative multidisciplinary research efforts to support spinal muscular atrophy, including the Spinal Muscular Atrophy Project at the National Institute of Neurological Disorders and Stroke, the ongoing and future research needs to advance therapies for spinal muscular atrophy, and recommendations on how to strengthen the collaboration of research activities by the institutes and agencies to improve the results; ``(4) develop a summary of advances in research related to spinal muscular atrophy research and other related neurological diseases and disorders research supported or conducted by Federal agencies; and ``(5) not later than 1 year after the date of the establishment of the Committee, make recommendations to the Secretary-- ``(A) regarding any appropriate changes to research activities, including recommendations to improve the research portfolio of the National Institutes of Health to ensure that scientifically-based strategic planning is implemented in support of research priorities that impact research activities related to spinal muscular atrophy and other related neurological diseases and disorders; ``(B) identifying barriers to the development of new treatments and cures for spinal muscular atrophy and other related neurological diseases and disorders; ``(C) regarding public participation in decisions relating to spinal muscular atrophy research and other related neurological diseases and disorders to increase the involvement of patient advocacy and community organizations representing a broad geographical area; ``(D) on how best to disseminate information on spinal muscular atrophy progress; and ``(E) on how to expand partnerships between public entities, including Federal agencies, and private entities to expand collaborative, cross-cutting research. ``(c) Rule of Construction.--In carrying out the duties described in subsection (b) with respect to research on spinal muscular atrophy, nothing in this section shall be construed to restrict the Secretary from including other neurological or genetic disorders, as appropriate, in such research if doing so may advance research in spinal muscular atrophy or other related neurological diseases and disorders. ``(d) Membership.-- ``(1) In general.--The Committee shall be composed of the following voting members: ``(A) Not more than 11 voting Federal representatives as follows: ``(i) The Director of the Centers for Disease Control and Prevention. ``(ii) The Director of the National Institutes of Health and the directors of such national research institutes and national centers (which shall include the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, and the National Center for Research Resources) as the Secretary determines appropriate. ``(iii) The Commissioner of Food and Drugs. ``(iv) The heads of such other agencies and advisory committees as the Secretary determines appropriate, including the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, and the Advisory Committee on Heritable Disorders and Genetic Diseases in Newborns and Children. ``(v) Representatives of other Federal agencies that conduct or support neurological research, or provide support services and resources for individuals with spinal muscular atrophy, such as the Department of Education and the Social Security Administration. ``(B) 9 additional voting members appointed under paragraph (2). ``(2) Additional members.--The Committee shall include additional voting members appointed by the Secretary as follows: ``(A) 6 members shall be appointed from among scientists, physicians, and other health professionals, who-- ``(i) are not officers or employees of the United States; ``(ii) represent multiple disciplines, including clinical, basic, and public health sciences; ``(iii) represent different geographical regions of the United States; ``(iv) are from practice settings, academia, or other research settings; and ``(v) are experienced in scientific peer review process. ``(B) 3 members shall be appointed from members of the general public, who represent individuals with spinal muscular atrophy. ``(3) Nonvoting members.--The Committee shall include such nonvoting members as the Secretary determines to be appropriate. ``(e) Chairperson.--The voting members of the Committee shall select a chairperson from among the Federal members of the Committee described in subsection (d)(1)(A). The selection of a chairperson may be subject to the approval of the Secretary. The chairperson shall serve for a term of not to exceed 2 years, but may be re-elected as provided for in the first sentence. ``(f) Meetings.--The Committee shall meet at the call of the chairperson of the Committee or upon the request of the Secretary, but in no case less often than once each year. ``(g) Review.--In 2012, and biennially thereafter, the Secretary shall review the necessity of the Committee.''. SEC. 5. EDUCATION AND AWARENESS ON SMA FOR HEALTH CARE PROFESSIONALS. Part P of title III of the Public Health Service Act, as amended by section 3, is further amended by adding at the end the following new section: ``SEC. 399T. INFORMATION AND EDUCATION ON SMA. ``The Secretary shall establish and implement a program to provide information and education on spinal muscular atrophy to health professionals and the general public, including information and education on advances in the screening, diagnosis, and treatment of spinal muscular atrophy and training and continuing education through programs for scientists, physicians, medical students, and other health professionals who provide care for patients with spinal muscular atrophy.''.

SMA Treatment Acceleration Act of 2009 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish a national clinical trials network for spinal muscular atrophy by upgrading and unifying spinal muscular atrophy clinical trial sites and recruiting new investigators and sites. Requires the Director to ensure that such network: (1) conducts coordinated, multisite, clinical trials of therapies and clinical approaches to the treatment of spinal muscular atrophy; and (2) rapidly and efficiently disseminates scientific findings to the field. Requires the Director to: (1) establish a data coordinating center with respect to spinal muscular atrophy; and (2) expand and intensify NIH programs with respect to preclinical translation research related to spinal muscular atrophy. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance and support a spinal muscular atrophy patient registry to provide for expanded epidemiological research towards improving awareness, management, treatment, and prevention of spinal muscular atrophy. Requires the Secretary to ensure the collection and analysis of longitudinal data related to individuals of all ages. Directs the Secretary to establish the Interagency Spinal Muscular Atrophy Research Coordinating Committee. Sets forth the duties of the Committee, including to develop a comprehensive strategy related to spinal muscular atrophy research and other related neurological diseases and disorders. Requires the Secretary to establish a program to provide information and education on spinal muscular atrophy to health professionals and the general public.

A bill to authorize the Secretary of Health and Human Services to conduct activities to rapidly advance treatments for spinal muscular atrophy, neuromuscular disease, and other pediatric diseases, and for other purposes.

SECTION 1. RENDERING ALIENS CONVICTED OF AN AGGRAVATED FELONY OR A FIREARM OFFENSE INADMISSIBLE. (a) In General.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(H) Aggravated felony.-- ``(i) In general.--Any alien who is convicted of an aggravated felony is inadmissible. ``(ii) Waiver authorized.--Clause (i) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States. ``(I) Certain firearm offenses.--Any alien who is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18, United States Code) in violation of any law is inadmissible.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to convictions entered on or after the date of the enactment of this Act. SEC. 2. LIMITATION ON WAIVER OF INADMISSIBILITY FOR CRIMINAL ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES. (a) In General.--Section 212(h) of the Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended by inserting before the final sentence the following: ``No waiver shall be granted under this subsection in the case of any alien who is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled if either the alien has been convicted of an aggravated felony committed in the United States or the alien has not resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to waivers granted on or after the date of the enactment of this Act. SEC. 3. INADMISSIBILITY AND INELIGIBILITY FOR FINDING OF GOOD MORAL CHARACTER FOR ALIENS WHO MAKE MISREPRESENTATIONS TO PROCURE BENEFITS FOR OTHERS. (a) Inadmissibility.--Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)) is amended by striking ``this Act'' and inserting ``this Act, for himself, herself, or any other alien,''. (b) Ineligibility for Finding of Good Moral Character.--Section 101(f)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(f)(6)) is amended to read as follows: ``(6) one who, by fraud or willfully misrepresenting a material fact, has sought to procure or has procured a visa, other documentation, or admission into the United States or other benefit provided under this Act, for himself, herself, or any other alien;''. (c) Effective Date.--The amendments made by this section shall apply to misrepresentations made on or after the date of the enactment of this Act. SEC. 4. TERMINATION OF CONTINUOUS PRESENCE FOR PURPOSES OF CANCELLATION OF REMOVAL UPON COMMISSION OF OFFENSE RENDERING ALIEN INADMISSIBLE OR DEPORTABLE. (a) In General.--Section 240A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking ``referred to in section 212(a)(2)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to aliens who are in proceedings under the Immigration and Nationality Act on or after the date of the enactment of this Act if those proceedings have not resulted in a final administrative order before such date. SEC. 5. DETENTION AND RELEASE OF CRIMINAL ALIENS PENDING REMOVAL DECISION. (a) Arrest and Detention.-- (1) In general.--Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended-- (1) by striking the matter preceding subparagraph (A) and inserting the following: ``(1) Arrest and detention.--On a warrant issued by the Attorney General, an alien shall be arrested and detained pending a decision on whether the alien is to be removed from the United States if the Attorney General alleges that the alien--''; (2) in subparagraph (D), by striking the comma at the end and inserting a period; and (3) by striking the matter following subparagraph (D) and adding at the end the following: ``Nothing in this paragraph shall be construed as requiring the Attorney General to arrest or detain an alien who is sentenced to a term of imprisonment until the alien is released from imprisonment, but parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason for the Attorney General to defer arrest and detention under this paragraph.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to aliens who are in proceedings under the Immigration and Nationality Act on or after the date of the enactment of this Act if those proceedings have not resulted in a final administrative order before such date. (b) Release.-- (1) In general.--Section 236(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(2)) is amended by adding at the end the following: ``The Attorney General may release an alien under this paragraph only on bond of at least $2,000 with security approved by, and containing conditions prescribed by, the Attorney General.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to releases occurring on or after the date of the enactment of this Act.

Limits the waiver of inadmissibility for certain criminal aliens unlawfully present in the United States. Makes an alien who has fraudulently misrepresented a material fact or obtained or sought to obtain immigration-related documents ineligible for a finding of good moral character under such Act. Revises provisions respecting: (1) termination of continuous presence for purposes of cancellation of removal for certain offenses; and (2) detention and release of criminal aliens pending removal decision.

To amend the Immigration and Nationality Act to improve provisions relating to inadmissibility and detention of, and cancellation of removal for, aliens who have committed crimes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alcohol Advertising Accountability Act of 1996''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) In 1995, the Department of Health and Human Services found that there is a significant underage drinking problem and estimated that there are 11 million drinkers of alcoholic beverages who are under the age of 21. Of that number, 2 million are heavy drinkers of such beverages. (2) In 1995, the proportion of students having 5 or more drinks in a row during the 2 week period preceding the Monitoring the Future Survey were 15 percent for 8th graders, 24 percent for 10th graders, and 30 percent for 12th graders. (3) The median age at which children begin drinking alcoholic beverages is just over 13 years. 67 percent of students in the 8th grade have tried an alcoholic beverage. (4) A 1995 survey found that 50 percent of the teenagers who were asked said that alcohol is a more serious problem among today's youth than illicit drugs. (5) In 1993, nearly 10 percent (over 110,000) of the clients admitted to State-funded alcohol treatment programs were under the age of 21. (6) Alcoholic beverage companies spent $2 billion to advertise and promote their products in 1995. The budget of the National Institute on Alcohol Abuse and Alcoholism for the same year was $176 million. (7) According to a study published in the American Journal of Public Health, viewing beer ads on television may predispose young people to drinking beer. Children who are more aware of beer advertisements hold more favorable beliefs about drinking beer and intend to drink beer more frequently as adults. (8) Almost half of all adults think that alcohol industry advertising greatly influences underage youth to drink alcoholic beverages, another one-third think industry advertising has some influence. SEC. 3. REPORT OF SECRETARY ON ALCOHOL ADVERTISING. (a) Action by the Secretary.--The Secretary of Health and Human Services shall report annually to the Congress on alcohol advertising, its profile and its effects. To assist the Secretary in gathering information for such report, the Secretary shall establish a panel made up of such individuals as the Secretary, in the Secretary's discretion, may select from individuals in the Department of Health and Human Services or any other Federal agency. (b) Panel Function.--The panel established by the Secretary of Health and Human Services under subsection (a) shall review alcohol advertising in all media, including broadcast and cable television, other electronic means, and print and outdoor advertising and review promotional activities undertaken to promote the sale of alcoholic beverages. The Secretary shall convene at least 2 public hearings before the panel established under subsection (a) each year and shall have the panel conduct a hearing in each of the regional offices of the Department of Health and Human Services over the 5-year period beginning on the date of the enactment of this Act. (c) Report Content.--The report of the Secretary of Health and Human Services under subsection (a) shall be developed on the basis of the work conducted by the panel established under subsection (a) and shall include-- (1) an identification of-- (A) the media used by alcohol advertising to reach children, (B) the total expenditures for alcoholic beverage advertising in each media and in promotions, (C) the extent to which media program audiences are under the age of 21, (D) an identification of the types and themes of alcohol advertising in all media (especially in broadcast) and other electronic means, (E) any graphics, slogans, children's characters, and techniques that are used and that appeal to youth, and (F) the extent to which other promotional efforts used to market alcoholic beverages which appear in clothing, sporting events, contests, and concerts appeal to individuals under the age of 21; (2) a determination of the extent to which young people are exposed to alcohol advertising and promotions of alcoholic beverages; (3) an evaluation of the relationship between alcohol advertising practices and underage drinking, drunk driving, and related public health problems; and (4) an evaluation of alcohol industry sponsored campaigns addressing public service and prevention messages for underage drinking, drunk driving, and other alcohol-related topics. (d) Recommendations.--The report of the Secretary of Health and Human Services under subsection (a) shall also include such recommendations for legislation as the Secretary determines are appropriate.

Alcohol Advertising Accountability Act of 1996 - Mandates: (1) an annual report to the Congress on alcohol advertising, its profile, and its effects, along with recommendations for legislation; and (2) establishment of a panel to assist in gathering information for the report.

Alcohol Advertising Accountability Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Illegal Trafficking in Firearms Act of 2017''. SEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Straw purchasing of firearms ``(a) Definitions.--For purposes of this section-- ``(1) the term `crime of violence'-- ``(A) has the meaning given that term in section 924(c)(3); and ``(B) includes a felony offense under the laws of a State that meets the criteria described in subparagraph (A) or (B) of such section 924(c)(3); ``(2) the term `drug trafficking crime'-- ``(A) has the meaning given that term in section 924(c)(2); and ``(B) includes a felony punishable under the law of a State for which the conduct constituting the offense would constitute a felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; ``(3) the term `Federal crime of terrorism' has the meaning given that term in section 2332b(g)(5); and ``(4) the term `purchase' includes the receipt of any firearm by a person who does not own the firearm-- ``(A) by way of pledge or pawn as security for the payment or repayment of money; or ``(B) on consignment. ``(b) Violation.--It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce-- ``(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or ``(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person-- ``(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(B) is a fugitive from justice; ``(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(D) has been adjudicated as a mental defective or has been committed to any mental institution; ``(E) is an alien who-- ``(i) is illegally or unlawfully in the United States; or ``(ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); ``(F) has been discharged from the Armed Forces under dishonorable conditions; ``(G) having been a citizen of the United States, has renounced his or her citizenship; ``(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that-- ``(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(ii)(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(I) has been convicted in any court of a misdemeanor crime of domestic violence; ``(J)(i) does not reside in any State; and ``(ii) is not a citizen or lawful permanent resident of the United States; ``(K) intends to sell or otherwise dispose of the firearm to a person described in any of subparagraphs (A) through (J); or ``(L) intends to-- ``(i) use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking crime; or ``(ii) export the firearm in violation of law. ``(c) Penalty.-- ``(1) In general.--Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) Use in crimes of violence.--If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``(d) Exceptions.--Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person-- ``(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm; ``(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association; ``(3) to be given as a bona fide gratuity to a hunting guide; ``(4) to be given as a bona fide bonus to an employee as the result of lawful services performed in the course of an employment relationship; or ``(5) to be given as a bona fide commemorative award or honorarium, unless the purchaser knows or has reasonable cause to believe the recipient of the firearm is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. ``Sec. 933. Trafficking in firearms ``(a) In General.--It shall be unlawful for any person to-- ``(1) ship, transport, transfer, cause to be transported, or otherwise dispose of any firearm to another person in or otherwise affecting interstate or foreign commerce, if such person knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; ``(2) receive from another person any firearm in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; or ``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2). ``(b) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both. ``Sec. 934. Forfeiture and fines ``(a) Forfeiture.-- ``(1) In general.--Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law-- ``(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation, except that for any forfeiture of any firearm or ammunition pursuant to this section, section 924(d) shall apply. ``(2) Imposition.--The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1). ``(b) Fines.--A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of-- ``(1) the fine otherwise authorized by this part; or ``(2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.''. (b) Title III Authorization.--Section 2516(1)(n) of title 18, United States Code, is amended by striking ``sections 922 and 924'' and inserting ``section 922, 924, 932, or 933''. (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms),'' before ``section 1028''. (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``section 924(n)'' and inserting ``section 924(n), 932, or 933''. (e) Directive to Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. (f) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Straw purchasing of firearms. ``933. Trafficking in firearms. ``934. Forfeiture and fines.''. SEC. 3. AMENDMENTS TO SECTION 922(D). Section 922(d) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: ``(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or ``(11) intends-- ``(A) to sell or otherwise dispose of the firearm or ammunition in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking offense, as such terms are defined in section 932(a); or ``(B) to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.''. SEC. 4. AMENDMENTS TO SECTION 924(A). Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``(d), (g),''; and (2) by adding at the end the following: ``(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned for not more than 15 years, or both.''. SEC. 5. AMENDMENTS TO SECTION 924(D). Section 924(d) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``932, or 933,'' after ``section 924,''; and (2) in paragraph (3)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) any offense under section 932 or 933.''. SEC. 6. AMENDMENTS TO SECTION 924(H). Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: ``(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.''. SEC. 7. AMENDMENTS TO SECTION 924(K). Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: ``(k)(1) A person who smuggles or knowingly brings into the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that-- ``(A) is punishable under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; or ``(B) constitutes a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) A person who smuggles or knowingly takes out of the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that-- ``(A) would be punishable under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or ``(B) would constitute a Federal crime of terrorism or a crime of violence (as such terms are defined in section 932(a)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, shall be fined under this title, imprisoned for not more than 15 years, or both.''. SEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO AGENTS OF DRUG CARTELS. The Department of Justice, and any of its law enforcement coordinate agencies, shall not conduct or otherwise facilitate the transfer of an operable firearm to an individual if any law enforcement officer employed by the Department of Justice involved with the transfer knows or has reasonable cause to believe that the recipient of the firearm is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. SEC. 9. RULE OF CONSTRUCTION. Nothing in this Act, or an amendment made by this Act, shall be construed to allow the establishment of a Federal system of registration of firearms, firearms ownership, or firearms transactions or dispositions.

Stop Illegal Trafficking in Firearms Act of 2017 This bill amends the federal criminal code to establish stand-alone criminal offenses for trafficking in firearms and straw purchasing of firearms. The bill expands the categories of prohibited persons (i.e., persons barred from receiving or possessing a firearm or ammunition) to include persons who intend: (1) to sell or transfer a firearm or ammunition to a prohibited person; (2) to sell or transfer a firearm to further a crime of violence, a federal crime of terrorism, or a drug trafficking offense; or (3) to unlawfully export. It increases the maximum prison term for the sale or transfer of a firearm to or the receipt or possession of a firearm by a prohibited person. The bill revises existing prohibitions on: (1) transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking offense; and (2) smuggling a firearm into the United States with the intent to unlawfully import or to promote a crime of violence or drug trafficking offense. It broadens the scope of and increases the maximum prison term for violating the prohibitions. The bill also makes it a crime to smuggle a firearm or ammunition out of the United States, or to conspire or attempt to do so, with the intent to unlawfully export or to promote a crime of violence, a federal crime of terrorism, or a drug trafficking offense. Finally, the bill prohibits the Department of Justice, or its law enforcement coordinate agencies, from facilitating the transfer of an operable firearm to a known or suspected agent of drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm.

Stop Illegal Trafficking in Firearms Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings for Seniors Act of 2017''. SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. (a) In General.--Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; and (2) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after each fiscal year after fiscal year 2017, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, ``(II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and ``(III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year, and ``(II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2017, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.''. SEC. 3. SOCIAL SECURITY INVESTMENT COMMISSION. (a) Establishment.--There is established in the executive branch of the Government a Social Security Investment Commission. (b) Study and Report.--As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund, other than investment in the form of obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. Not later than October 1, 2017, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition.--The Commission shall be composed of-- (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership Requirements.--Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of Appointments.--Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative Provisions.-- (1) Meetings.--The Commission shall meet-- (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers.-- (A) In general.--The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies.--A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses.--A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (h) Termination.--The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).

Savings for Seniors Act of 2017 This bill amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. The Managing Trustee of the Social Security trust funds (the Secretary of the Treasury) must: (1) transfer annual Social Security surpluses to the account; and (2) may not invest the balance in the account until a law takes effect after FY2017 that authorizes, for amounts in the trust fund, an investment vehicle other than U.S. obligations resulting in the transfer of trust fund assets to the general fund of the Treasury. The bill establishes in the executive branch a commission to study the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund other than investments in the form of U.S. obligations.

Savings for Seniors Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Junior Duck Stamp Conservation and Design Program Act of 1994''. SEC. 2. ESTABLISHMENT OF PROGRAM. (a) In General.--The Secretary of the Interior (in this Act referred to as the ``Secretary'') may carry out in accordance with this Act a program to be known as the ``Junior Duck Stamp Conservation and Design Program'' (in this Act referred to as the ``Program'') to accomplish the goals of-- (1) providing to school children environmental education opportunities relating to the conservation and management of migratory birds; and (2) increasing the capacity for schools, States, and other educational programs to conduct conservation and education programs. (b) Program Features.--The Program shall consist of-- (1) conducting in all interested States the activities which on the day before the date of the enactment of this Act are conducted under the program known as the Junior Duck Stamp Conservation and Design Program; (2) other activities authorized under the Program by this or any other Act; and (3) any other activity necessary to carry out the conservation and education goals of the Program. (c) Effort To Conduct Program in All States.-- (1) In general.--The Secretary shall take appropriate steps to seek to conduct the Program in all of the 50 States. (2) Annual report.--The Secretary shall annually submit a report to the Congress on the status of the Program in each of the 50 States. SEC. 3. JUNIOR DUCK STAMP. (a) Competition.--As part of the Program, the Secretary may annually conduct a competition to-- (1) solicit the submission by students at elementary and secondary schools of designs relating to conservation of migratory birds; and (2) select winning designs from among those submissions for use for licensing and marketing under subsection (b). (b) Licensing and Marketing of Design of Junior Duck Stamps.--As part of the Program, the Secretary may-- (1) license and market winning designs selected in competitions under subsection (a); and (2) license and market stamps bearing those designs, which shall be known as Junior Duck Stamps. (c) Use of Proceeds From Licensing and Marketing of Junior Duck Stamps and Junior Duck Stamp Designs.--Amounts received under subsection (b)-- (1) shall be available to the Secretary until expended, without further appropriations, solely for-- (A) awards and scholarships to individuals who submit designs in competitions under subsection (a), that are-- (i) selected in such a competition as winning designs; or (ii) otherwise determined in such a competition to be superior; (B) awards to schools and other participants to further education activities related to the conservation education goals of the Program; and (C) expenses for licensing and marketing under subsection (b); and (2) may not be used for administrative expenses of the Program. SEC. 4. ACCEPTANCE OF GIFTS, DEVISES, AND BEQUESTS. The Secretary may accept and use any gift, devise, or bequest of personal property, or proceeds thereof, for the purpose of funding the activities described in section 3(c)(1) (A) and (B). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for administrative expenses of the Program $250,000 for each of the fiscal years 1995 through 2000. SEC. 6. ENVIRONMENTAL EDUCATION CENTER AND REFUGE HEADQUARTERS AT JOHN HEINZ NATIONAL WILDLIFE REFUGE AT TINICUM. (a) In General.--Notwithstanding other laws and subject to subsection (b), the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may transfer to the National Fish and Wildlife Foundation the Cusano bequest. (b) Conditions of Transfer.--As a condition of transferring the Cusano bequest under subsection (a), the Secretary of the Interior shall require the National Fish and Wildlife Foundation to enter into an agreement under which the Foundation is required to-- (1) solicit additional non-Federal contributions to provide a dollar for dollar match of the Cusano bequest; (2) manage the Cusano bequest and those contributions in accordance with all applicable requirements of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); (3) use all amounts and proceeds from the Cusano bequest and any non-Federal contributions received pursuant to paragraph (1) for the purpose of designing and constructing a facility for an environmental education center and refuge headquarters on lands located within the John Heinz National Wildlife Refuge at Tinicum; and (4) donate the facility to the United States Fish and Wildlife Service upon completion of its construction. (c) Cusano Bequest Defined.--For purposes of this section, the term ``Cusano bequest'' means the amounts totaling approximately $2,473,971 which were donated to the Department of the Interior in 1994 by Mr. Antonio Cusano of Crum Lynne, Pennsylvania, and includes all proceeds derived from such amounts in the period since the donation was made. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Junior Duck Stamp Conservation and Design Program Act of 1994 - Authorizes the Secretary of the Interior to carry out the Junior Duck Stamp Conservation and Design Program. Permits the Secretary, as part of the Program, to conduct an annual competition to: (1) solicit the submission by elementary and secondary school students of designs relating to migratory bird conservation; and (2) select winning designs for use for licensing and marketing. Authorizes the Secretary to license and market winning designs and stamps bearing such designs, to be known as Junior Duck Stamps. Makes licensing and marketing proceeds available solely for awards and scholarships to individuals who submit designs, awards to further education activities related to the conservation education goals of the Program, and expenses for licensing and marketing. Authorizes appropriations. Authorizes the Secretary, acting through the Director of the Fish and Wildlife Service, to accept a certain private bequest for the National Fish and Wildlife Foundation for purposes of designing and constructing an environmental education center and refuge headquarters within the John Heinz National Wildlife Refuge.

Junior Duck Stamp Conservation and Design Program Act of 1994

SECTION 1. TABLE OF CONTENTS. (a) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Table of contents. Sec. 2. References to title 38, United States Code. TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS Sec. 101. Care for newborn children of enrolled women veterans. Sec. 102. Outpatient dental care for all former prisoners of war. Sec. 103. Pay comparability for Director, Nursing Service. TITLE II--VETERANS' BENEFIT PROGRAMS Sec. 201. Limitation on provision of certain benefits. Sec. 202. Clarification of procedures regarding disqualification of certain individuals for memorialization in veterans cemeteries. Sec. 203. Clarification of the period for appealing rulings of the Board of Veterans' Appeals. TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS Sec. 301. Repeal of cap on number of non-career members of senior executive service serving in VA. Sec. 302. Repeal of preceding-service requirement for VA Deputy Assistant Secretaries. Sec. 303. Revolving supply fund amendments. Sec. 304. Redefinition of ``minority group member'' in 38 U.S.C. Sec. 544(d). SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS SEC. 101. CARE FOR NEWBORN CHILDREN OF ENROLLED WOMEN VETERANS. Section 1701 is amended: (1) in subsection (6), (A) by striking out ``and'' at the end of paragraph (A); (B) by adding ``and'' at the end of paragraph (B); and (C) by adding at the end the following new paragraph: ``(C) care for newborn children.''; and (2) by adding at the end the following new subsection: ``(11) The term ``care for newborn children'' means care provided to an infant of a woman veteran enrolled in the VA health care system. Such care may be provided until the mother is discharged from the hospital after delivery of the child or for 14 days after the date of birth of the child, whichever period is shorter, and only if the Department contracted for the delivery of the child.''. SEC. 102. OUTPATIENT DENTAL CARE FOR ALL FORMER PRISONERS OF WAR. Section 1712(a)(1)(F) is amended by striking out ``for a period of not less than 90 days''. SEC. 103. PAY COMPARABILITY FOR DIRECTOR, NURSING SERVICE. (a) Section 7306(a)(5) is amended by adding at the end thereof, ``The position shall be exempt from the provisions of section 7451 of this title and shall be paid at the maximum rate payable to a Senior Executive Service employee under 5 U.S.C. Sec. Sec. 5304(g) and 5382.''. (b) Section 7404 (d) is amended by deleting ``section'' the first time it appears and inserting in its place ``sections 7306(a)(5) and''. TITLE II--VETERANS' BENEFIT PROGRAMS SEC. 201. LIMITATION ON PROVISION OF CERTAIN BENEFITS. (a) Prohibitions.--(1) Section 112 is amended by adding at the end the following new subsection: ``(c) A certificate shall not be furnished under this program on behalf of a deceased veteran described in section 2411(b) of this title.''. (2) Section 2301 is amended by adding at the end the following new subsection: ``(f) A flag shall not be furnished under this section on behalf of a deceased veteran described in section 2411(b) of this title.''. (3) Section 2306 is amended by adding at the end the following new subsection: ``(f)(1) A headstone or marker shall not be furnished under subsection (a) for the unmarked grave of an individual described in section 2411(b) of this title. ``(2) A memorial headstone or marker shall not be furnished under subsection (b) for the purpose of commemorating an individual described in section 2411(b) of this title.''. (b) Effective Date.--The amendments made by this section shall apply to deaths occurring on or after the date of its enactment. SEC. 202. CLARIFICATION OF PROCEDURES REGARDING DISQUALIFICATION OF CERTAIN INDIVIDUALS FOR MEMORIALIZATION IN VETERANS CEMETERIES. Section 2411(a)(2) is amended-- (1) by striking ``The prohibition'' and inserting ``In the case of a person described in subsection (b)(1) or (b)(2), the prohibition''; and (2) by striking ``or finding under subsection (b)'' and inserting ``referred to in subsection (b)(1) or (b)(2), respectively''. SEC. 203. CLARIFICATION OF THE PERIOD FOR APPEALING ULINGS OF THE BOARD OF VETERANS APPEALS. (a) Clarification.--Paragraph (1) of section 7266(a) is amended by striking ``notice of the decision is mailed pursuant to section 7104(e) of this title'' and inserting ``a copy of the decision, pursuant to section 7104(e) of this title, is mailed or sent to the claimant's representative or, if the claimant is not represented, mailed to the claimant''. (b) Effective Date.--The amendments made by subsection (a) apply to Board of Veterans' Appeals decisions made on or after the date of enactment of this Act. TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS SEC. 301. REPEAL OF CAP ON NUMBER OF NON-CAREER MEMBERS OF SENIOR EXECUTIVE SERVICE SERVING IN VA. (a) Section 709(a) is repealed. (b) Section 709 is amended by re-designating subsections (b) and (c) as subsections (a) and (b), respectively. SEC. 302. REPEAL OF PRECEDING-SERVICE REQUIREMENT FOR VA DEPUTY ASSISTANT SECRETARIES. (a) Section 308(d)(2) is repealed. (b) Section 308 is amended by deleting ``(1)'' from subsection (d). SEC. 303. REVOLVING SUPPLY FUND AMENDMENTS. Section 8121(a) is amended-- (1) by adding ``and for medical supplies, equipment, and services for the Department of Defense'' after ``Department''; (2) in paragraph (2), by adding ``of the Department and the Department of Defense'' after ``appropriations''; and (3) in paragraph (3), by adding ``of the Department and the Department of Defense'' after ``appropriations''. SEC. 304. REDEFINITION OF ``MINORITY GROUP MEMBER'' IN 38 U.S.C. Sec. 544(D). Section 544(d) is amended to read as follows: ``(d) In this section, the term `minority group member' means an individual who is-- ``(1) American Indian or Alaska Native; ``(2) Asian; ``(3) African American; ``(4) Native Hawaiian or other Pacific Islander; or ``(5) Hispanic, Spanish, or Latino.''.

Revises Federal veterans' programs to: (1) include care for newborn children among medical services provided under the Department of Veterans Affairs health care program for an enrolled woman veteran; (2) require outpatient dental care for all former prisoners of war (currently, only those interned for at least 90 days); (3) set the pay for the Director of Nursing Service at the maximum rate payable to a Senior Executive Service member; (4) prohibit a veteran's honorable service certificate from being awarded on behalf of a veteran convicted of a Federal or State crime; (5) repeal a limitation on the number of non-career members serving in the Department; (6) repeal a requirement for at least five years of continuous Federal service prior to appointment as a Department Deputy Assistant Secretary; (7) allow the Department's operation and maintenance revolving supply fund to be used for medical supplies, equipment, and services for the Department of Defense; and (8) include Spanish or Latino individuals under the definition of a "minority group member" for purposes of the Department's Advisory Committee on Minority Veterans.

A bill to amend title 38, United States Code, to enhance veterans' programs and the ability of the Department of Veterans Affairs to administer them.

SECTION 1. FINDINGS. Congress finds the following: (1) Born Cassius Marcellus Clay, Jr., on January 17, 1942, in Louisville, Kentucky, Muhammad Ali was the first child of Cassius, Sr., and Odessa Clay. (2) Muhammad Ali was one of the most celebrated athletes of the 20th century. He produced some of America's greatest sports memories, from winning a gold medal at the 1960 Summer Olympics to lighting the Olympic torch at the 1996 Summer Olympics. (3) After an impressive amateur career, during which he recorded 131 wins and only 7 losses and won 2 National AAU light heavyweight titles, Muhammad Ali became the first professional boxer in history to capture the heavyweight title 3 separate times. (4) Muhammad Ali defeated every challenger he faced in the ring. But, on April 28, 1967, he was stripped of his boxing title and barred from competing for being a conscientious objector to the war in Vietnam on religious and moral grounds. However, following a unanimous United States Supreme Court decision in 1971, Muhammad Ali's conscientious objector status was confirmed, his boxing license was reinstated, and he was cleared of any wrongdoing. (5) As an African-American and a Muslim who lived in an era that continued to question his civil rights, Muhammad Ali battled issues of race and religion, and received recognition as one of the champions of the Civil Rights Movement in the United States. (6) Muhammad Ali was the recipient of many awards for his sporting prowess and his support of racial harmony, including the Dr. Martin Luther King Memorial Award, the Spirit of America Award, the Amnesty International Lifetime Achievement Award, the Arthur Ashe Award for Courage, the Essence Living Legend Award, the Rainbow Coalition Lifetime Achievement Award, the XNBA Human Spirit Award, the Presidential Citizens Medal, and the Presidential Medal of Freedom. (7) Muhammad Ali was acknowledged by many organizations for his achievements both inside and outside the boxing ring, including being crowned ``Sportsman of the Century'' by Sports Illustrated, being named ``Athlete of the Century'' by GQ magazine, being named ``Sports Personality of the Century'' by the British Broadcasting Corporation, being named ``Kentucky Athlete of the Century'' by the Kentucky Athletic Hall of Fame, being named ``Kentuckian of the Century'' by the State of Kentucky, being named ``Louisvillian of the Century'' by the Advertising Club of Louisville, being named ``Boxer of the Century'' by the World Sports Awards of the Century, being recognized by the International Boxing Hall of Fame, and receiving honorary doctorate degrees from Muhlenberg College and Western Kentucky University, as well as an honorary doctorate of humanities at Princeton University's 260th graduation ceremony. (8) Muhammad Ali received the prestigious ``Otto Hahn Peace Medal in Gold'' from the United Nations Association of Germany for his work with the United Nations and the Civil Rights Movement in the United States. (9) Muhammad Ali was selected by the California Bicentennial Foundation for the U.S. Constitution for personifying the vitality of the Bill of Rights in various high-profile activities. (10) Despite having been diagnosed with Parkinson's Syndrome in the early 1980s, Muhammad Ali dedicated his life to the cause of universal human rights and freedom. His commitment to equal justice and peace touched the lives of hundreds of thousands of people worldwide. (11) President Jimmy Carter asked Muhammad Ali to meet with African leaders in Tanzania, Kenya, Nigeria, Liberia, and Senegal as part of President Carter's diplomatic efforts on behalf of human rights in the 1980s. (12) In 1990, Muhammad Ali traveled to the Middle East to seek the release of American and British hostages that were being held as human shields in the first Gulf War. As a result of his intervention, 15 United States hostages were freed on December 2nd of that year. (13) In 1998, Muhammad Ali was chosen as the ``U.N. Messenger of Peace''. (14) Several Presidents of the United States recognized Muhammad Ali, including President George W. Bush who, on November 17, 2002, called him ``a man of peace'' and stated that ``across the world, billions of people know Muhammad Ali as a brave, compassionate, and charming man, and the American people are proud to call Muhammad Ali one of our own'', President Bill Clinton who stated that Muhammad Ali ``captured the world's imagination and its heart. Outside the ring, Muhammad Ali has dedicated his life to working for children, feeding the hungry, supporting his faith, and standing up for racial equality. He always fought for a just and more humane world, breaking down barriers here in America and around the world. There is no telling how many tens of millions of people had their hearts swell with pride and their eyes swell with tears in 1996 when Muhammad Ali lit the Olympic torch, because we know, now and forever, he is the greatest'', President Jimmy Carter who cited Muhammad Ali as ``Mr. International Friendship'', and President Barack Obama who, as a Senator, had a framed picture of Muhammad Ali hanging in his office, and before announcing his intentions to run for President, Obama visited with Muhammad Ali at the Ali Center in Louisville, Kentucky. (15) Muhammad Ali encouraged humanity through his perseverance and the support of thousands of people. He helped such organizations as the Chicago-based adoption agency, The Cradle; the Make-A-Wish Foundation; the Special Olympics' organization, Best Buddies; and Herbert E. Birch Services, an organization that runs a school for handicapped children and young adults, in addition to a summer camp for children with AIDS. (16) Muhammad Ali and his wife Lonnie were the founding directors of the Muhammad Ali Parkinson Center in Phoenix, Arizona, and helped raise over $50,000,000 for Parkinson's research. The Center's mission is to provide excellence in treatment, research, and education for patients and families affected by Parkinson's disease and other movement disorders, regardless of their ability to pay. (17) Muhammad Ali was an inspiration to countless individuals with Parkinson's disease, including members of the Rock Steady Boxing Foundation in Indianapolis, Indiana, which was founded to give people with Parkinson's disease hope by improving their quality of life using boxing for fitness. (18) Muhammad Ali was one of the founding members of Athletes for Hope, an organization created by a few very successful athletes of exemplary character who have a deep commitment to charitable and community causes. (19) Muhammad Ali also established the Muhammad Ali Center in his hometown of Louisville, Kentucky, which promotes respect, hope, and understanding, and inspires people everywhere to be as great as they can be. A visitor of the Muhammad Ali Center experiences the ``hows'' of Ali's life: How he found the courage, the dedication, and the discipline to become a world champion; how he found the conviction to stand up for what he believed; and how he turned his passion for excellence in the ring to a passion for peace on the world stage. (20) Like Muhammad Ali himself, the Muhammad Ali Center focuses on what brings individuals together, not what sets them apart, and is a ``global gathering place'' to which people can come, both online and in person, to learn, share, and celebrate our commonalities as human beings and to formulate ways of advancing humanity. (21) Muhammad Ali helped to provide more than 22,000,000 aid packets to assist people in need, and until the last years of his life, he traveled, on average, more than 200 days per year for humanitarian causes. (22) Muhammad Ali, known simply as ``the greatest,'' transcended the glamour and glory of being a sports champion to become not only one of the greatest sports figures, but one of the greatest role models of our time. (23) On June 3, 2016, Muhammad Ali died at the age of 74. 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 Congress, of a gold medal of appropriate design, to Muhammad Ali, in recognition of his contributions to the Nation. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Transfer of Medal After Presentation.--Following the presentation of the gold medal in honor of Muhammad Ali under subsection (a), the gold medal shall be given to his wife, Lonnie Ali. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.

This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Muhammad Ali.

To posthumously award a Congressional gold medal to Muhammad Ali, in recognition of his contributions to the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dine College Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the Treaty between the United States of America and the Navajo Tribe of Indians, done at Fort Sumner, New Mexico, June 1, 1868 (15 Stat. 667), provides for the education of the citizens of the Navajo Nation; (2) the Navajo Nation created and chartered the Navajo Community College by Resolution CN- 95-68 as a wholly owned educational entity of the Navajo Nation; (3) in 1971, Congress enacted the Navajo Community College Act (25 U.S.C. 640a et seq.); (4) the Navajo Nation officially changed the name of the Navajo Community College to ``Dine College'' by Resolution CAP- 35-97; and (5) the purpose of Dine College is to provide educational opportunities to the Navajo people and others in areas important to the economic and social development of the Navajo Nation. SEC. 3. PURPOSE. The purpose of this Act is to ensure that the Navajo Nation and Navajo people-- (1) exercise their right to self-determination, particularly in matters relating to the internal and local affairs of the Navajo Nation; (2) maintain and strengthen distinct institutions of higher education through the teaching of the Navajo language, culture, traditions, and history; and (3) improve the economic and social conditions of the Navajo Nation and Navajo people through higher education and postsecondary vocational training. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Indian Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Natural Resources, the Committee on Education and the Workforce, and the Committee on Appropriations of the House of Representatives. (2) College.--The term ``College'' means Dine College. (3) Infrastructure.-- (A) In general.--The term ``infrastructure'' means the buildings, water and sewer facilities, roads, and information technology and telecommunications infrastructure of the College. (B) Inclusions.--The term ``infrastructure'' includes classrooms and external matters such as walkways. (4) Operation and maintenance.--The term ``operation and maintenance'' means-- (A) costs and expenses associated with the customary daily operation of the College; and (B) necessary maintenance costs of the College. (5) Renovation and repair.--The term ``renovation and repair'' means modernization and improvement to the infrastructure. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. SURVEY, STUDY, AND REPORT. (a) In General.-- (1) Survey, study, and report.--Not later than January 31, 2017, in accordance with subsection (b), the Secretary shall conduct, and submit to the appropriate committees of Congress a report on the results of, a detailed survey and study of all capital projects and facility needs of the College. (2) Inclusions in report.--The report described in paragraph (1) shall include-- (A) recommendations by the Secretary; and (B) any recommendations or views submitted by the College or the Navajo Nation regarding the capital projects and facility needs of the College. (b) Inventory.-- (1) In general.--Not later than August 1, 2016, the College shall prepare and submit to the Secretary an inventory that identifies the renovations and repairs necessary to meet-- (A) health and safety standards; and (B) any other requirements the College determines necessary. (2) Use of inventory.--The Secretary shall use the inventory described in paragraph (1) as baseline data to inform the survey, study, and report under subsection (a). (c) Administrative Expenses.--The Secretary may use to carry out this section amounts made available to the Secretary in general administrative appropriations. SEC. 6. GRANTS AUTHORIZED. (a) Construction Grants.-- (1) In general.--The Secretary shall make grants to the College for construction activities, including the renovation and repair or construction of buildings, water and sewer facilities, roads, information technology and telecommunications infrastructure, classrooms, and external structures (such as walkways) identified in the survey, study, and report under section 5. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out paragraph (1) $2,000,000 for each of fiscal years 2017 through 2020, to remain available until expended unless otherwise provided in an appropriations Act. (b) Operation and Maintenance Grants.-- (1) In general.--The Secretary shall make grants to the College for operation and maintenance activities, including-- (A) basic, special, developmental, vocational, technical, and special handicapped education costs; (B) annual capital expenditures, including equipment needs, minor capital improvements and remodeling projects, physical plant maintenance and operation costs, and an exceptions and supplemental needs account; (C) summer and special interest programs; (D) major capital improvements, including internal capital outlay funds and capital improvement projects; (E) mandatory payments, including payments due on bonds, loans, notes, or lease purchases; (F) supplemental student services, including student housing, food service, and the provision of access to books and services; and (G) improving and expanding the College, including by providing for the Navajo people and others in the community of the College-- (i) higher education programs; (ii) career and technical education; (iii) activities relating to the preservation and protection of the Navajo language, philosophy, and culture; (iv) employment and training opportunities; (v) economic development and community outreach; and (vi) a safe learning, working, and living environment. (2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out paragraph (1) such sums as are necessary for each of fiscal years 2017 through 2020, to remain available until expended unless otherwise provided in an appropriations Act. SEC. 7. STATUS OF FUNDS. Amounts made available to the College under this Act may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law that requires that non-Federal or private funds of the College be used in a project for a specific purpose. SEC. 8. EFFECT ON OTHER LAWS. This Act supersedes-- (1) the Navajo Community College Act (25 U.S.C. 640a et seq.); (2) the Navajo Community College Assistance Act of 1978 (25 U.S.C. 640a note; Public Law 95-471); and (3) the Navajo Nation Higher Education Act of 2008 (25 U.S.C. 640a note; Public Law 110-315). SEC. 9. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS. Except as explicitly provided in other Federal law, nothing in this Act precludes the eligibility of the College to receive Federal funding and resources under any program authorized under-- (1) the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); (2) the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382); or (3) any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.

. Dine College Act of 2016 (Sec. 5) This bill requires the Department of the Interior to conduct a survey and study of all capital projects and facility needs of Dine College, a tribal community college in the Navajo Nation in Arizona. Interior must report the results and include views or recommendations submitted by the college or the Navajo Nation and Interior's recommendations. Prior to the survey and study, Dine College must identify for Interior renovations and repairs necessary to meet health and safety standards and other requirements. (Sec. 6) Interior must make grants to Dine College for activities including construction, operation and maintenance, education, summer programs, student services, and college expansion. (Sec. 7) Amounts made available to Dine College under this bill are treated as non-federal, private funds for the purposes of any federal law that requires the use of non-federal or private funds.

Dine College Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Relief Act of 2005''. SEC. 2. WINDFALL PROFITS TAX. (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 the following new chapter: ``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; removal price; base price; qualified investment. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to the excess of-- ``(1) the amount equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during each taxable year, over ``(2) the amount of qualified investment by such company during such taxable year. ``(b) 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 the whole barrel. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil. ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; BASE PRICE; QUALIFIED INVESTMENT. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the removal price of the barrel of taxable crude oil over the base price of such barrel. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means the amount for which the barrel of taxable crude oil is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil removed from property before sale.--If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``(c) Base Price Defined.--For purposes of this chapter, the term `base price' means $40 for each barrel of taxable crude oil. ``(d) Qualified Investment.--For purposes of this chapter, the term `qualified investment' means any amount paid or incurred with respect to any qualified facility described in paragraph (1), (2), (3), or (4) of section 45(d) (determined without regard to any placed in service date). ``SEC. 5898. SPECIAL RULES AND DEFINITIONS . ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil. ``(2) Crude oil.-- ``(A) In general.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(B) Exclusion of newly discovered oil.--Such term shall not include any oil produced from a well drilled after the date of the enactment of the Gas Price Relief Act of 2005, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)). ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(e) Adjustment of Removal Price.--In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. ``(g) Termination.--This chapter shall not apply to taxable crude oil removed after the date which is 1 year after the date of the enactment of this section.''. (b) Transfer of Windfall Profit Tax Receipts to Highway Trust Fund.--Paragraph (1) of section 9503(b) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) section 5896 (relating to windfall profits tax on crude oil).''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Windfall profit on crude oil''. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to crude oil removed after the date of the enactment of this Act, in taxable years ending after such date. (2) Transitional rules.--For the period ending December 31, 2005, the Secretary of the Treasury or the Secretary's delegate shall prescribe rules relating to the administration of chapter 56 of the Internal Revenue Code of 1986. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 56 of such Code (or in so much of subtitle F of such Code as relates to such chapter 56). SEC. 3. REDUCTION OF FUEL TAXES ON HIGHWAY MOTOR FUELS. (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) Reduction of Highway Motor Fuel Taxes.-- ``(1) In general.--During the reduction period, the rate of tax imposed by section 4041 (other than subsection (d) thereof) or 4081(a)(2)(A) on highway motor fuel shall be reduced by 10 cents per gallon. ``(2) Definitions and special rule.--For purposes of this subsection-- ``(A) Reduction period.--The term `reduction period' means the 1-year period beginning on the date of enactment of the Gas Price Relief Act of 2005. ``(B) 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) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 4. MAINTENANCE OF TRUST FUNDS DEPOSITS; AMOUNTS APPROPRIATED TO TRUST FUNDS TREATED AS TAXES. (a) In General.--There is hereby appropriated (out of any money in the Treasury not otherwise appropriated) to the Highway Trust Fund an amount equal to the excess (if any) of-- (1) the amount (but for this subsection) of reduced revenues received in the Highway Trust Fund as a result of a reduction in a rate of tax by reason of section 4081(f)(1) of the Internal Revenue Code of 1986 (as added by section 3 of this Act), over (2) amounts appropriated to the Highway Trust Fund by section 9503(b)(1)(F) of the Internal Revenue Code of 1986 (relating to windfall profits tax on crude oil). (b) Special Rules.--Amounts appropriated by subsection (a) to the Highway Trust Fund-- (1) 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 section 3 of this Act not been enacted, and (2) shall be treated for all purposes of Federal law as taxes received under the appropriate section referred to in such section 4081(f)(1). SEC. 5. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax rate reduction date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any highway motor fuel, and (2) 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 section 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. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax rate reduction date based on a request submitted to the taxpayer before the date which is 3 months after the tax rate reduction date by the dealer who held the highway motor fuel on such date, and (2) 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. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any highway motor fuel in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) Tax rate reduction date.--The term ``tax rate reduction date'' means the first day of the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986 (as added by section 3 of this Act)). (2) Other terms.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (e) 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 section. SEC. 6. FLOOR STOCKS TAX. (a) 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. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--The person holding highway motor fuel on the tax restoration 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 for payment.--The tax imposed by subsection (a) shall be paid on or before the 45th day after the tax restoration date. (c) Definitions.--For purposes of this section-- (1) Tax restoration date.--The term ``tax restoration date'' means the first day after the reduction period (as defined in section 4081(f) of the Internal Revenue Code of 1986). (2) Highway motor fuel.--The term ``highway motor fuel'' has the meaning given to such term by section 4081(f) of such Code. (3) 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). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) 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. (e) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a) 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 paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account any highway motor fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d). (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 subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation. (f) 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 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 sections.

Gas Price Relief Act of 2005 - Amends the Internal Revenue Code to impose an excise tax, for a one-year period, on oil companies for a percentage of the windfall profit from all barrels of taxable crude oil; (2) allow a tax deduction for the payment of any windfall profit tax; (3) reduce by 10 percent the excise tax on highway motor fuels for a period of one year after the enactment of this Act; (4) provide for transfers of windfall profit tax receipts and amounts from the general fund to the Highway Trust Fund; and (5) make adjustments to highway motor fuel taxes for floor stocks of such fuels held by dealers prior to, or after, the effective date of reduction in such taxes under this Act. Defines "windfall profit" as the excess of the removal (sales) price of a barrel of taxable crude oil over the base price ($40 per barrel) of such barrel.

To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on crude oil and to ease gas prices for consumers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Information Improvement Act''. SEC. 2. NONPREEMPTIBLE ADVERTISING; LOWEST UNIT CHARGES. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting in lieu thereof ``30''; (B) by striking ``sixty'' and inserting in lieu thereof ``45''; and (C) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and insert ``lowest charge of the station for the same amount of time for the same time of day and day of week''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''; and (4) in subsection (d) (as redesignated by paragraph (2) of this section)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end thereof the following new paragraph: ``(3) a station's lowest charge for purposes of paragraph (1)-- ``(A) with respect to a primary or primary runoff election, is determined for the interval beginning 60 days before such election and ending on the date of that election; and ``(B) with respect to a general or special election, is determined for the interval beginning 90 days before such election and ending on the date of that election.''. SEC. 3. FREE BROADCAST TIME FOR POLICY DEBATES. (a) Condition of License Renewal.--Section 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ``; and (4) every broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c)''. (b) Free-Time Obligations.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) Each license for a broadcasting station shall annually make available free broadcast time for policy debates in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal. ``(2) A licensee subject to this subsection shall allot free broadcast time for policy debates in accordance with the following standards: ``(A) Such licensee shall allot not less than 30 minutes of free broadcast time during each even-numbered year to-- ``(i) the candidates for the House of Representatives of each qualified political party for any congressional district that falls within the grade B contour of such stations signal; and ``(ii) the candidates for the Senate of each qualified political party of the State within which the preponderance of the station's audience resides. ``(B) The broadcast time allotted by any licensee shall be allotted so that-- ``(i) the broadcast is during the hours of 7 to 10 p.m. on weekdays; and ``(ii) the broadcast is during the four weeks immediately preceding election day. ``(3) A political party shall be treated as a qualified political party for purposes of paragraph (2) if the candidate for President of such party in the most recent presidential election received more than 5 percent of the total number of votes cast by individuals for that office. ``(4) A licensee allots free broadcast time as required by this subsection by broadcasting the joint appearance by each of the candidates described in paragraph (2)(A) (i) or (ii) at a forum for the discussion of political issues, or, if any such candidate refuses to so appear, the appearance by the remainder of such candidates not refusing to appear. ``(5) Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section.''. (c) Free Cable Time.--Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) A cable operator shall annually make available free cable time for policy debates in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same candidates, and subject to the same conditions as free broadcast time is required to be provided by broadcast station licensees under section 315(c) of this Act. No franchise authority shall renew the franchise of any cable operator who substantially fails or refuses to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal.''.

Campaign Information Improvement Act - Amends the Communications Act of 1934 to: (1) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest charge of the station for the same amount of time for the same time of day and day of the week; (2) prohibit any broadcast licensee from preempting the use of any such time purchased and paid for by a qualified candidate, unless the program during which the advertisement was scheduled to appear is preempted due to circumstances beyond the control of the broadcaster; (3) reduce the pre-election period during which the lowest charge is effective from 45 days to 30 days before primary elections and from 60 days to 45 days before general or special elections; and (4) specify that for purposes of calculating a station's lowest charge, broadcasters must consider the charges made during the 60-day period prior to a primary or primary runoff election and during the 90-day period before a general or special election. Requires radio broadcasting stations, in order to have their licenses renewed, to make available without charge not less than 30 minutes of broadcast time during appropriate viewing hours to candidates for the House and Senate within the four weeks preceding election day for policy debates. Imposes the same free-time obligations on cable television operators of channels for public, educational, or governmental use.

Campaign Information Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Credit Protection Act''. SEC. 2. NOTICE OF DEPLOYMENT REQUIRED. (a) In General.--The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new title: ``TITLE VIII--NOTICE OF DEPLOYMENT ``SEC. 801. NOTICE TO CONSUMER REPORTING AGENCIES. ``(a) In General.--In the case of the deployment of a servicemember away from the usual duty station of the servicemember to duty for which the servicemember is entitled to special pay under section 310(a) of title 37, United States Code, the Secretary shall-- ``(1) notify each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis of the deployment of the servicemember within 30 days after the deployment, together with such information as may be necessary to permit such consumer reporting agency to comply with section 605C of the Fair Credit Reporting Act with respect to the servicemember; and ``(2) notify each such consumer reporting agency when the notice under paragraph (1) ceases to apply with respect to such servicemember within 30 days after the end of the deployment. ``(b) Administrative Action.--The Secretary shall consult with each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis and take such action as may be appropriate to ensure that the Secretary and such consumer reporting agency can comply with the requirements of this section and section 605C of the Fair Credit Reporting Act in a timely manner. ``(c) Definition.--For purposes of this section, the term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the meaning given to such term in section 603(p) of the Fair Credit Reporting Act. ``SEC. 802. INCREASE IN PENALTIES FOR CERTAIN VIOLATIONS INVOLVING SERVICEMEMBERS DEPLOYED TO AN OVERSEAS COMBAT ZONE. ``(a) In General.--In the case of any person who is subject to a penalty under section 301(c)(1), 302(b)(1), 303(d)(1), 305(h)(1), 306(e)(1), or 307(e)(1) in a case involving a servicemember whose consumer report, at the time of the violation giving rise to such person's liability for the penalty, contains a combat zone duty alert, such section shall be applied by substituting `not more than 3 years' for `not more than one year'. ``(b) Definitions.--For purposes of subsection (a), the terms `combat zone duty alert' and `consumer report' have the same meanings as in section 603 of the Fair Credit Reporting Act.''. (b) Clerical Amendment.--The table of contents for the Servicemembers Civil Relief Act (50 U.S.C App. 501 et seq.) is amended by inserting after the item relating to section 706 the following new items: ``TITLE VIII--NOTICE OF DEPLOYMENT ``Sec. 801. Notice to consumer reporting agencies. ``Sec. 802. Increase in penalties for certain violations involving servicemembers deployed to an overseas combat zone.''. SEC. 3. NOTATIONS IN CONSUMER FILES OF SERVICEMEMBERS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following new section: ``Sec. 605C. Combat zone duty alert ``(a) In General.--Each consumer reporting agency described in section 603(p) that receives a notice under section 801(a)(1) of the Servicemembers Civil Relief Act from the Secretary of Defense with respect to a consumer who is a servicemember (as defined in section 101(1) of such Act) shall-- ``(1) include a combat zone duty alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, until notified by the Secretary of Defense that such consumer no longer qualifies for such alert; and ``(2) during the period such alert is in effect, exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer. ``(b) Information on Consumer's Rights Required To Be Included.-- The combat zone duty alert included in any consumer's file pursuant to subsection (a) shall include a summary of the rights of the consumer under the Servicemembers Civil Relief Act and the duties of creditors and other persons under such Act to the consumer. ``(c) Notice to Furnishers of Adverse Information.--If any person, including another consumer reporting agency, furnishes adverse information to a consumer reporting agency described in section 603(p) with respect to a consumer whose file includes a combat zone duty alert under subsection (a)(1), the consumer reporting agency shall notify such person of the existence of the combat zone duty alert in the file of such consumer together with the summary of rights and duties described in subsection (b). ``(d) Duty of Reseller To Reconvey Alert.--A reseller shall include in its report any combat zone duty alert placed in the file of a consumer pursuant to this section by another consumer reporting agency. ``(e) Procedures.--Each consumer reporting agency described in section 603(p) shall establish policies and procedures to comply with this section and shall cooperate with the Secretary of Defense in establishing such procedures to ensure effective compliance with the requirements of this section. ``(f) Notice From Secretary.--This section shall cease to apply to with respect to any consumer as of the date the consumer reporting agency described in section 603(p) receives a notice from the Secretary of Defense under section 801(a)(2) relating to such consumer.''. (b) Definitions.-- (1) In general.--Subsection (q) of section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by adding at the end the following new paragraph: ``(6) Combat zone duty alert.--The term `combat zone duty alert' means a statement in the file of a consumer that-- ``(A) notifies all prospective users of a consumer report relating to the consumer that the consumer is serving as a servicemember in a combat zone and includes any information required under section 605C; and ``(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report.''. (2) Technical and conforming amendment.--The heading for subsection (q) of section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)) is amended by inserting ``and Military'' after ``to Fraud''. (c) Clerical Amendment.--The table of sections for title VI of the Consumer Credit Protection Act is amended by inserting after the item relating to section 605B the following new item: ``605C. Combat zone duty alert.''.

Servicemembers Credit Protection Act - Amends the Servicemembers Civil Relief Act to direct the Secretary of Defense, in case of the deployment of a servicemember away from their usual duty station to duty for which the servicemember is entitled to special pay, to notify each consumer reporting agency (agency): (1) of the deployment of such servicemember within 30 days after the deployment; and (2) within 30 days after the end of such deployment. Requires the Secretary, in providing such notice, to take measures to ensure agency compliance with provisions of the Fair Credit Reporting Act with respect to the servicemember. Increases penalties for consumer credit reporting violations involving servicemembers deployed to an overseas combat zone. Amends the Fair Credit Reporting Act to require each agency that receives a combat zone duty alert from the Secretary with respect to a servicemember to: (1) include the alert in the file of that consumer and provide such alert along with any credit score, until notified by the Secretary that the consumer no longer qualifies for such alert; and (2) during the period of the alert, exclude the consumer from any list provided to a third party to offer credit or insurance to such consumer as part of a transaction not initiated by the consumer. Requires the combat zone duty alert included in any consumer's file to include a summary of the consumer's rights under the Servicemembers Civil Relief Act and the duties of creditors and other persons to the consumer.

To amend the Servicemembers Civil Relief Act to protect the credit of servicemembers deployed to an overseas combat zone and to facilitate awareness of a servicemember's rights under such Act, and for other purposes.

SECTION 1. EXCHANGE OVERSIGHT. Subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.) is amended by adding at the end the following: ``PART 6--EXCHANGE OVERSIGHT ``SEC. 1351. BOARD OF DIRECTORS AND CEO. ``(a) In General.--There is established the Marketplace Health Insurance Corporation headed by a Chief Executive Officer and directed by a Board of Directors, to oversee management of the Federal Exchange and State Exchanges, and to provide health insurance oversight. ``(b) CEO.-- ``(1) In general.--The President shall appoint a Chief Executive Officer, by and with the consent of the Senate, who shall be responsible for administering the Federal Exchange, for overseeing State Exchanges, and for health insurance oversight. ``(2) Authorities and duties.--The Chief Executive Officer shall-- ``(A) report directly to the President; ``(B) be accountable for implementation of the Federal Exchange and oversight of the State Exchanges; ``(C) be responsible for all Federal health insurance oversight; and ``(D) serve the public interest of individuals seeking health insurance, serve businesses seeking access to health coverage through the Exchanges, and ensure the efficient operation and function of the Exchanges. ``(3) Requirement.--To be eligible for appointment as Chief Executive Officer, an individual shall have a background in health care issues and private-sector management experience. ``(c) Board of Directors.-- ``(1) Establishment.--There is established a Board of Directors of the Marketplace Health Insurance Corporation. ``(2) Duties.--The Board of Directors shall advise the Chief Executive Officer on the operation of the Federal Exchange, implementation of the State Exchanges, and health insurance oversight, including-- ``(A) the functionality of healthcare.gov (or any subsequent Internet site), including SHOP exchanges; ``(B) ensuring that enrollment information is properly transferred from healthcare.gov (or any subsequent Internet site) to State Medicaid agencies; ``(C) accuracy of enrollee information submitted through the Exchanges; ``(D) ensuring the accuracy of advanced premium tax credits; ``(E) ensuring the accuracy of payment to insurers; ``(F) enhancement of the consumer experience when comparing plans, including out-of-pocket costs, and searching for a specific provider or drug formulary; ``(G) overseeing the selection of plans offered on the Federal Exchange, including sufficient network adequacy and transparency requirements; ``(H) providing recommendations to the Secretary of the Treasury with respect to the implementation of section 4980H of the Internal Revenue Code of 1986 and potential policy changes with respect to such section and associated reporting requirements; ``(I) creating an automated appeals system for healthcare.gov (or any subsequent Internet site); ``(J) overseeing the transition from a State Exchange to the Federal Exchange; ``(K) enabling online enrollment in health insurance plans through the Exchanges for small businesses and employee choice for employees of small businesses; ``(L) overseeing the Federal contracting related to healthcare.gov (or any subsequent Internet site); ``(M) providing recommendations to the Office of Personal Management on the oversight and administration of the multi-State plan program; and ``(N) additional matters, as determined by the Secretary of Health and Human Services, the Chief Executive Officer, or President. ``(3) Membership.--The Board of Directors shall be comprised of the following: ``(A) The Secretary of Health and Human Services. ``(B) The Administrator of the Centers for Medicare & Medicaid Services. ``(C) The Commissioner of the Internal Revenue Service. ``(D) The Administrator of the Small Business Administration. ``(E) Three representatives of the private sector who have demonstrated knowledge in individual health care coverage, small employer health care coverage, administering a public or private health care delivery system, operating complex information system technologies, or promoting health and wellness, appointed by the Comptroller General of the United States. ``(4) Terms.-- ``(A) Officers of the federal government.--Each member of the Board of Directors described in subparagraphs (A) through (D) of paragraph (3) shall serve for a term that is concurrent with the member's term as an officer within the Federal department or agency. ``(B) Other members.--Each member of the board described in paragraph (3)(E) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 2 years. ``(5) Chairperson.--The Secretary of Health and Human Services shall serve as Chair of the Board of Directors. ``(d) Technical Advisory Committee.-- ``(1) In general.--To assist the Chief Executive Officer and Board of Directors in carrying out their duties, the Board of Directors shall establish a technical advisory committee. ``(2) Membership.--The technical advisory committee shall be comprised of the following: ``(A) One technical expert from the Centers for Medicare & Medicaid Administration. ``(B) One representative of the health insurance industry. ``(C) One representative of health care consumer groups. ``(D) One representative of the National Association of Insurance Commissioners. ``(E) One representative of the State Medicaid agencies. ``(F) One representative from the small business community. ``(G) One representative of Federal information technology contractors involved in the operation and development of healthcare.gov (or any subsequent Internet site). ``(H) At the discretion of the Chair of the Board of Directors, up to 2 additional members, selected by the Chair and approved by the Chief Executive Officer. ``(3) Chair.--The Chair of the Board of Directors shall appoint one member of the technical advisory committee to serve as Chair of such committee. ``(4) Terms.--Each member of the technical advisory committee shall be appointed for a term of 3 years and may be reappointed for a term of an additional 2 years. ``(e) Work Plan and Report.-- ``(1) Work plan.--Not later than 3 months after the date of enactment of this section, the Chief Executive Officer, in cooperation with the Board of Directors, shall develop a work plan with respect to duties described in subsection (c)(2), indicating the priority and schedule the Board of Directors will take in addressing such duties. The work plan shall be displayed on healthcare.gov (or any subsequent Internet site). ``(2) Annual report.--Not later than February 1 of each year, the Chief Executive Officer, in consultation with the Board of Directors, shall submit an annual report to the President and Congress on the status of the Federal Exchange and related insurance oversight, including progress made on the duties of the Chief Executive Officer and Board of Directors under subsection (c)(2) and remaining issues to be addressed to enhance the functionality of healthcare.gov (or any subsequent Internet site).''.

Amends the Patient Protection and Affordable Care Act to establish the Marketplace Health Insurance Corporation, with a Chief Executive Officer (CEO) and Board of Directors, to oversee health care exchanges and health insurance. Directs the President, with the consent of the Senate, to appoint as CEO an individual with a background in health care issues and private-sector management experience. Requires the Board of Directors to advise the CEO on issues including: (1) the functionality of healthcare.gov, (2) the selection of federal exchange health plans, (3) ensuring the accuracy of premium subsidies, and (4) the transition from a state exchange to the federal exchange. Requires the Board of Directors to establish a technical advisory committee to assist the Board of Directors and CEO in carrying out their duties.

A bill to establish a board of directors and CEO to oversee the Federal Exchange and State Exchanges, and to provide health insurance oversight.

To amend the Federal Food, Drug, and Cosmetic Act to ensure that human tissue intended for transplantation is safe and effective and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Human Tissue for Transplantation Act of 1993''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act. SEC. 2. FINDINGS. The Congress finds that reasonable assurance of the safety and effectiveness of human tissue for transplantation through regulatory oversight is necessary to protect the public health against the transmission of infectious disease or the conduct of medical therapy with human tissue unfit for use. SEC. 3. DEFINITIONS. Section 201 (21 U.S.C. 321) is amended-- (1) in the first sentence of paragraph (g)(1), by striking ``, and (D), and inserting ``, (D)'' and by inserting before the period ``, and (E) human tissue in combination with a drug as described in clause (A), (B), (C), or (D)'', (2) in paragraph (h), by inserting after ``implant,'' the following: ``human tissue (other than banked human tissue),'', and (3) by adding at the end the following: ``(gg)(1) The term `tissue' means an aggregate of cells or their intercellular substance that form a structural material. ``(2)(A) The term `banked human tissue' means any tissue-- ``(i) derived from a human body that is intended for administration to a human for the diagnosis, cure, mitigation, treatment or prevention of any condition or disease, ``(ii) procured, processed, stored, or distributed by methods to prevent the transmission of infectious disease and to preserve clinical usefulness, and ``(iii) not intended to change tissue structure or functional characteristics. ``(B) Such term does not include-- ``(i) whole organs, including hearts, kidneys, livers, lungs, pancreases, or any other organ containing vasculature that carries blood after transplantation, ``(ii) blood, blood products, bone marrow, reproductive tissue, or human milk, or ``(iii) autograft human tissue that is not stored or processed during a single surgical procedure.''. ``(3) The term `human tissue bank' means a person that procures, processes, stores, or distributes banked human tissue.''. SEC. 4. REGULATION OF HUMAN TISSUE BANKS Chapter V is amended by adding at the end the following: ``Subchapter D-Human Tissue Banks ``regulation of human tissue banks ``Sec. 545. (a) Prevention of Disease Transmission.--To prevent the transmission of infectious disease by the use of banked human tissue, the Secretary may by regulation require-- ``(1) the screening of donors of tissue, ``(2) the testing of donors of tissue and tissue donated, and ``(3) recordkeeping by human tissue banks, including records that provide a method to track tissue from a donor to a recipient and from a recipient to a donor, taking into account the privacy interest of donors, donor families, and recipients. ``(b) Good Tissue Banking Practice.--The Secretary shall by regulation establish good tissue banking practices by human tissue banks which may require-- ``(1) ascertainment of donor suitability, ``(2) recovery of cadaveric or living donor tissue, ``(3) tissue screening and acceptance, ``(4) validation of the manufacturing, equipment, and facilities used for banked human tissue, ``(5) finished tissue inspection and control, ``(6) inspection for quality control, ``(7) investigation of failures involving banked human tissue and files of complaints about such failures, ``(8) recordkeeping, ``(9) assurance of the quality of banked human tissue, ``(10) personnel requirements, including a requirement for a medical director who is a physician licensed to practice medicine in the State in which the bank is located, and ``(11) special practices for specific tissues. ``(c) Labeling, Advertising, and Promotion.--The Secretary may by regulation prescribe requirements for the labeling, advertising, and promotion of banked human tissue by human tissue banks. Such requirements shall include-- ``(1) requirements for adequate direction for use, and ``(2) information about results from the use of banked human tissue according to directions or under customary and usual conditions. ``(d) Operating Permits.-- ``(1) In general.--The Secretary shall by regulation require human tissue banks to acquire a permit for operation. Such a permit may be acquired by a human tissue bank if-- ``(A) the human tissue bank has on file with the Secretary an application for such permit which demonstrates, through supporting documentation, that the bank is in compliance with the requirements of subsections (a), (b), and (c), ``(B) the human tissue bank has on file with the Secretary an application for an exemption from the requirements of subsection (a), (b), or (c) and the Secretary has approved such application based upon-- ``(i) data from well controlled scientific studies designed to provide reasonable assurance that an exemption from such requirements is safe and does not reduce clinical utility, or ``(ii) a determination by the Secretary, after consultation with a Tissue Advisory Committee, that such an exemption does not affect the safety and effectiveness of the operations of such bank, or ``(C) the human tissue bank has on file with the Secretary an application for an exemption from the requirements of subsection (a), (b), or (c) to investigate new or existing standards, methods, or uses relating to tissue, such application is submitted with a proposed scientific protocol for such investigation, and the Secretary has determined that such investigation does not affect the safety and effectiveness of the operations of such bank and that patients of the bank will be protected by a requirement of adequate informed consent. ``(2) Permits.--The Secretary shall issue an operating permit to a human tissue bank if the Secretary determines the bank meets the requirements of paragraph (1). Such a permit shall identify the tissues banked by the bank and the methods of procurement, processing, storage, and distribution of such tissue which the Secretary had determined to be safe and effective. A permit shall be valid for such period as specified by the Secretary but not for more than 3 years. ``(3) Amendment.--The Secretary shall allow a human tissue bank which has a permit issued under paragraph (2) to amend the permit if under the amendment the human tissue bank is still in compliance with paragraph (1). ``(4) Revocation.--The Secretary shall revoke, in whole or in part, a permit of a human tissue bank issued under paragraph (2) if the Secretary determines that the bank is operating in a manner which is inconsistent with its permit and which places the bank out of compliance with paragraph (1). ``(e) Registration.--Each human tissue bank, except human tissue banks that operate solely for research or teaching, shall under regulations of the Secretary be required to register in accordance with the requirements of section 510 as made applicable under such regulations. ``(f) Regulations.--The Secretary shall promulgate the regulations required by subsection (a), (b), (c), (d), and (e) within 5 years of the date of the enactment of the Human Tissue for Transplantation Act of 1993 and shall be based on adequate scientific evidence. ``tissue advisory committees ``Sec. 546. (a) In General.--The Secretary shall establish a national advisory committee to be known as the Tissue Advisory Committee (hereinafter in this section referred to as the `advisory committee'). The advisory committee shall be established within one year of the date of the enactment of the Human Tissue for Transplantation Act of 1993. ``(b) Composition.--The advisory committee shall be comprised of not fewer than 13 or more than 19 individuals who are not officers or employees of the Federal Government. The Secretary shall make appointments to the advisory committee from among physicians, other health care practitioners, and representatives of human tissue bank consumers and industry groups whose clinical practice, research specialization, or expertise include a significant focus on tissue transplantation by human tissue banks. ``(c) Functions.--The advisory committee shall-- ``(1) advise the Secretary on appropriate quality standards and regulations for human tissue banks under section 545, ``(2) report on new developments concerning tissue transplantation, ``(3) advise the Secretary on appropriate standards for the prevention of infectious disease transmission by banked human tissues, ``(4) advise the Secretary on appropriate quality standards for good tissue banking practices under section 545(b), ``(5) advise the Secretary in the development of regulations to ensure that adequate directions for use of banked human tissues are provided by human tissue banks, ``(6) make recommendations in the establishment of mechanisms to investigate consumer complaints, and ``(7) perform such other activities as the Secretary may require. ``(d) Meetings.--The advisory committee shall meet not less often than quarterly during the first 3 years of its operation. ``(e) Chairperson.--The Secretary shall appoint the chairperson of the advisory committee from among members of the advisory committee.''. SEC. 5. ENFORCEMENT. (a) Adulteration.--Section 501 (21 U.S.C. 351) is amended-- (1) by inserting ``, banked human tissue,'' after ``drug'' before paragraph (a), (2) in paragraphs (a)(2)(B) and (d), by inserting ``or banked human tissue'' after ``drug'' each place it occurs, (3) by adding at the end the following: ``(j)(1) If it is banked human tissue and the materials, facilities, or controls used for its procurement, processing, distribution, or storage are not in conformity with the requirements of section 545(b). ``(2) If it is banked human tissue for which an exemption for investigation use of human tissue has been granted under section 545(d)(1)(D) and the person granted such exemption or any investigator fails to comply with the requirements of such section.'', and (4) in the title to the section, by inserting ``or banked human tissue'' after ``drugs. (b) Misbranding.--Section 502 (21 U.S.C. 352) is amended-- (1) by inserting ``, banked human tissue,'' after ``drug'' before paragraph (a), (2) in paragraph (f), the first sentence of paragraph (h), and (i), by inserting ``or banked human tissue'' after ``drug'' each place it occurs (3) in paragraph (o), by inserting ``or if an application or other information respecting it was not provided as required by section 545(d),'' after ``510(e)'', (4) by adding at the end the following: ``(u)(1) If it is banked human tissue subject to regulation under section 545(c) unless it bears such labeling as may be required. ``(2) If it is a banked human tissue distributed or offered for sale in any State and its promotion or advertising is false or misleading in any particular.'', and (5) in the title to the section, by inserting ``or banked human tissue'' after ``drugs. (c) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended-- (1) in paragraphs (a), (b), (c), (g), (h), (k), and (l), by inserting ``, banked human tissue'' after ``drug'' each place it occurs, (2) in paragraph (d), by striking ``404 or 505'' and inserting ``404, 505, or 545'', (3) in paragraph (j), by inserting ``, 545'' after ``520'', (4) in paragraph (p), by striking ``510,'' and inserting ``510 or 545(e),'', and (5) in paragraphs (q)(2) and (r), by inserting ``or banked human tissue'' after ``device''. (d) Penalties.--Section 303(f) (21 U.S.C. 333(f)) is amended by inserting ``or banked human tissues'' after ``devices''. (e) Seizures.--Section 304 (21 U.S.C. 334) is amended-- (1) in subsections (a)(1) and (d)(1), by inserting ``, banked human tissue'' after ``drug'', (2) in subsection (a)(1), by striking ``, and (D)'' and inserting ``(D) Any adulterated or misbranded banked human tissue, and (E)'', and (3) in subsection (g)(1), by striking ``or a vehicle, a device'' and inserting ``, a vehicle, a device, or banked human tissue'' and by inserting after each other occurrence of ``device'' the following: ``or banked human tissue''. (f) Investigations.--Section 702 (21 U.S.C. 372) is amended-- (1) in subsection (b), by inserting ``, banked human tissue'' after ``drug'', and (2) in subsection (d), by inserting ``or banked human tissues'' after ``drugs''. (g) Records of Interstate Shipment.--Section 703 (21 U.S.C. 373) is amended-- (1) by inserting ``or banked human tissues'' after ``drugs'' each place it occurs, and (2) by inserting ``or banked human tissue'' after ``drug'' each place it occurs. (h) Inspections.--Section 704 (21 U.S.C. 374) is amended-- (1) in subsection (a)(1)(A), by inserting ``, banked human tissues'' after ``drugs'' each place it occurs, (2) in subsection (a)(1)(B), by inserting ``, banked human tissues'' after ``prescription drugs'' each place it occurs, and (3) in subsection (b), by inserting ``, banked human tissue'' after ``drug''. (i) Publicity.--Section 705(b) (21 U.S.C. 375(b)) is amended by inserting ``, banked human tissues'' after ``drugs''. (j) Interstate Commerce Presumption.--Section 709 (21 U.S.C. 379a) is amended by inserting ``or banked human tissue'' after ``device''. (k) Imports and Exports.--Section 801 (21 U.S.C 381) is amended-- (1) in the first sentence of subsection (a), by inserting ``, banked human tissues'' and ``drugs'', (2) in subsection (a)(3), by inserting ``or 545'' after ``505'', and (3) in subsections (b) and (e)(1), by inserting ``, banked human tissue'' after ``drug''. SEC. 6. FUNDING. (a) Imposition.--Each human tissue bank-- (1) which has a permit issued under section 545(d) shall pay a fee for such permit, and (2) which is registered under section 545(e) shall pay a fee for such registration. The fees imposed under this subsection are imposed to cover the costs of the Secretary in the implementation of sections 545 and 546. (b) Fee Amount.--The Secretary shall determine the amount of the fees imposed by subsection (a) on the basis of the gross revenue of the human tissue bank paying the fee which relates to the procurement, processing, storage, and distribution of human tissue. (c) Crediting and Availability of Fees.-- (1) In general.--Fees collected for a fiscal year pursuant to subsection (a) shall be credited to the appropriation account for salaries and expenses of the Secretary and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. (2) Collections.--The fees imposed under subsection (a)-- (A) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and (B) shall only be collected and available to defray the costs of implementing sections 545 and 546. (d) Effective Date.--The fee authorized by subsection (a)(1) shall take effect 4 years after the date of the enactment of the Human Tissue for Transplantation Act of 1993 and the fee authorized by subsection (a)(2) shall take effect one year after the date of the enactment. SEC. 7. HUMAN HEART VALVES. (a) Enforcement.--The Secretary of Health and Human Services may not enforce the Secretary's regulation, promulgated on May 13, 1987, and published at page 18162 of 52 Federal Register, insofar as such regulation applies to human heart valves. (b) Premarket Approval Determination.--The determination of the Secretary issued June 26, 1991 (56 FR 29177), acting through the Food and Drug Administration, that human heart valves are replacement heart valves subject to premarket approval under section 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e) shall have no legal force and effect.

Human Tissue for Transplantation Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of human tissue banks and tissue banking practices. Directs the Secretary of Health and Human Services to establish a Tissue Advisory Committee for advice on standards and regulations. Provides for the use of tissue bank permit fees to cover costs of implementing this Act. Prohibits the Secretary from enforcing existing regulations that treat human heart valves as medical devices subject to premarket approval. Rescinds the determination by the Secretary that human heart valves must undergo premarket approval.

Human Tissue for Transplantation Act of 1993

SECTION 1. CHARITABLE CONTRIBUTIONS OF COMPUTER EQUIPMENT AND SOFTWARE TO ELEMENTARY AND SECONDARY SCHOOLS AND TO QUALIFIED ORGANIZATIONS PROVIDING ASSISTANCE TO INDIVIDUALS WITH DISABILITIES. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for contributions of computer equipment and software used for educational purposes.-- ``(A) Limit on reduction.--In the case of a qualified educational contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B). ``(B) Qualified educational contribution.--For purposes of this paragraph, the term `qualified educational contribution' means a charitable contribution by a corporation of any computer software or computer or peripheral equipment, but only if-- ``(i) the contribution is to-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), ``(II) a governmental unit described in subsection (c)(1), or ``(III) an organization described in section 501(c)(3) and exempt from taxation under section 501(a), or a governmental unit described in subsection (c)(1), that has documented experience and expertise at the community level in providing training and evaluation for information technology services and devices to individuals with disabilities, their parents, family members, guardians, advocates, or authorized representatives, ``(ii) the contribution is made not later than 3 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed), ``(iii) substantially all of the use of the property by the donee is for use within the United States for educational purposes related to the purpose or function of the organization or unit, ``(iv) the original use of the property began with-- ``(I) the donee, in the case of property constructed by the taxpayer or property of the taxpayer described in section 1221(1), or ``(II) the taxpayer, in any case not described in subclause (I), ``(v) the property is not transferred by the donee in exchange for money, other property, or services, and ``(vi) the taxpayer receives from the donee a written statement representing that its use and disposition of the property will be in accordance with the provisions of clauses (iii) and (v). ``(C) Donations to charity for refurbishing.-- ``(i) In general.--For purposes of this paragraph, a charitable contribution by a corporation shall be treated as a qualified education contribution if-- ``(I) such contribution is a contribution of any computer or peripheral equipment to a qualified organization, and ``(II) the taxpayer receives from such organization a written statement representing that its use of the property (and any use by the organization or unit to which it donates the property) meets the needs of the donee and the requirements of clause (v) of subparagraph (B). ``(ii) Qualified organization.--For purposes of clause (i), an organization is a qualified organization if-- ``(I) the organization is described in section 501(c)(3) and exempt from taxation under section 501(a), and ``(II) a substantial part of the business of the organization is the repair and refurbishment of computers or peripheral equipment and the donation of such equipment to an organization or unit described in subparagraph (B)(i) for a purpose described in subparagraph (B)(iii). ``(D) Special rules.--For the purposes of this paragraph-- ``(i) Construction of property by taxpayer.--Paragraph (4)(C) shall apply. ``(ii) Refurbishment of property by taxpayer.--Property that is substantially refurbished by the taxpayer shall be treated as property constructed by the taxpayer. ``(E) Definitions.--For the purposes of this paragraph-- ``(i) Computer or peripheral equipment.-- The term `computer or peripheral equipment' has the meaning given such term by section 168(i)(2)(B). ``(ii) Computer software.--The term `computer software' has the meaning given such term by section 197(e)(3)(B). ``(iii) Educational purpose.--The term `educational purpose' includes administration incident to providing education. ``(iv) Disability.--The term `disability' has the meaning given such term by section 3(2) of the Americans with Disabilities Act of 1990. ``(v) Information technology.--The term `information technology' includes any computer or peripheral equipment, computer software, digital augmentative speech device, firmware, and services related thereto. ``(vi) Corporation.--The term `corporation' has the meaning given such term by paragraph (4)(D).'' (b) Computer Training.--Section 170 of such Code is amended by adding at the end the following new subsection: ``(n) Computer Training.-- ``(1) In general.--For purposes of this section, the term `charitable contribution' includes a contribution by a corporation of qualified computer training. ``(2) Qualified computer training.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified computer training' means training-- ``(i) provided by the taxpayer in the use of computer software or any computer or peripheral equipment (as defined in subsection (e)(6)(E)) contributed to the donee by the taxpayer for a purpose described in subsection (e)(6)(B)(iii), ``(ii) provided to an individual employed by an organization or unit described in subsection (e)(6)(B)(i), and ``(iii) for which the taxpayer receives from the donee a written statement representing that the training is not in exchange for money, other property, or services. ``(B) Time limitation.--Not more than 8 hours of training may be taken into account under subparagraph (A) with respect to each contribution. ``(C) Valuation.--For the purpose of this subsection, the value of the time of an individual who provides computer training shall be based on the usual wage rate of the individual.'' (c) Contribution of Digital Augmentative Speech Devices for Use by Individuals With Disabilities.--Subsection (e) of section 170 of the Internal Revenue Code of 1986, as amended by subsection (a) of this section, is further amended by adding at the end the following new paragraph: ``(7) Special rule for contributions of digital augmentative speech devices.-- ``(A) Limit on reduction.--In the case of a contribution or gift of a digital augmentative speech device to an entity described in subparagraph (B)-- ``(i) the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B), and ``(ii) qualified training in the use of such device shall be treated as a charitable contribution for purposes of this section. ``(B) Entity described.--An entity is described in this subparagraph if the entity is-- ``(i) described in section 501(c)(3) and exempt from taxation under section 501(a), or ``(ii) a governmental unit described in subsection (c)(1), that has documented experience and expertise at the community level in providing training and evaluation for information technology services and devices to individuals with disabilities, their parents, family members, guardians, advocates, or authorized representatives. ``(C) Qualified training.-- ``(i) In general.--The term `qualified training' means training in the use of a digital augmentative speech device contributed by the taxpayer under subparagraph (A) to an entity described in subparagraph (B) that is -- ``(I) provided by the taxpayer, ``(II) provided to an individual employed by such entity, and ``(III) for which the taxpayer receives from the donee a written statement representing that the training meets the requirements of subparagraph (D). ``(D) Limitations.-- ``(i) Exchange for money, etc.-- Subparagraph (A) shall not apply to property or training donated under this paragraph if such property is transferred by the donee in exchange for money, other property, or services. ``(ii) Time and valuation.--Subparagraphs (B) and (C) of paragraph (6) shall apply to training subject to this subparagraph. ``(E) Definitions.--For purposes of this paragraph, the terms `disability' and `information technology' have the meaning given such terms by subsection (e)(6)(E).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 2. REPORT ON EFFECTIVENESS OF CHARITABLE CONTRIBUTIONS OF COMPUTERS AND SOFTWARE IN MEETING EDUCATIONAL NEEDS OF STUDENTS. Not later than December 31, 1998, the Comptroller General of the United States shall conduct a study on the effectiveness of the enhanced charitable contribution under section 170(e)(6) of the Internal Revenue Code of 1986 (as amended by section 1 of this Act) in meeting educational needs of students in the United States. The Comptroller General shall submit the report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. SEC. 3. DONATIONS TO UNDERPRIVILEGED SCHOOLS. It is the sense of Congress that one of the main purposes of the enhanced charitable deduction under section 170(e)(6) of the Internal Revenue Code of 1986 (as amended by section 1 of this Act) is to encourage the donation of computer equipment and software to-- (1) schools serving low income communities; (2) schools whose fiscal year budgets are below the applicable State-wide norm; and (3) schools at which student test scores are substantially below the State-wide norm.

Amends the Internal Revenue Code to set forth a special rule for the donation by a corporation, as a charitable deduction, of computer equipment and software, as well as related training, to elementary and secondary schools and to qualified organizations providing assistance to disabled individuals. Directs the Comptroller General to report concerning such deductions. Expresses the sense of the Congress that one of the main purposes of such enhanced charitable deduction is to encourage the donation of computer equipment and software to: (1) schools serving low income communities; (2) schools with budgets below applicable norms; and (3) schools with student test scores below the norm.

To amend the Internal Revenue Code of 1986 to allow companies to donate computer equipment and software, and training related thereto, to elementary and secondary schools for use in their educational programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Caregiver Credit Act of 2018''. SEC. 2. FINDINGS. Congress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) The 2018 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds concluded that the combined Trust Funds will be able to pay scheduled benefits in full until 2034. (4) While there is no immediate crisis, policy options should be considered to extend OASDI solvency, including by eradicating the gender wage gap, increasing overall employment, or increasing the minimum wage. SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES. (a) In General.--Title II of the Social Security Act is amended by adding after section 234 (42 U.S.C. 434) the following new section: ``deemed wages for caregivers of dependent relatives ``Sec. 235. (a) Definitions.--For purposes of this section-- ``(1) The term `qualifying month' means, in connection with an individual, a month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. Such term does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). ``(2) The term `dependent relative' means, in connection with an individual-- ``(A) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner), or a child to which the individual or the individual's spouse or domestic partner is standing in loco parentis, who is under the age of 12, or ``(B) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner), a child to which the individual or the individual's spouse or domestic partner is standing in loco parentis, a parent, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual's spouse or domestic partner, if such child, grandchild, niece, nephew, parent, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. ``(3)(A) The term `chronically dependent individual' means an individual who-- ``(i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)), and ``(ii) without the assistance described in clause (i), could not perform such activities of daily living. ``(B) The `activities of daily living' referred to in subparagraph (A) are the following: ``(i) Eating. ``(ii) Bathing. ``(iii) Dressing. ``(iv) Toileting. ``(v) Transferring in and out of a bed or in and out of a chair. ``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2018, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to-- ``(i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and ``(ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over \1/2\ of the wages or self-employment income actually paid to or derived by such individual during such month. ``(B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. ``(2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. ``(c) Identification Requirements.--A qualifying month shall not be taken into account under this section with respect to an individual unless such individual provides the Commissioner of Social Security with the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month, and other information as the Commissioner may require to verify the status of the dependent relative, on whatever application may be required to obtain benefits under this section.''. (b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended-- (1) by striking ``and'' before ``230(b)(2)''; and (2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''.

Social Security Caregiver Credit Act of 2018 This bill credits an individual with deemed wages, for purposes of calculating Old Age, Survivors, and Disability Insurance benefits, for up to five years of service as a caregiver of a dependent relative. Specifically, an individual shall be deemed to have been paid a wage (according to a specified formula) during each month in which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation. However, this requirement shall not apply if a larger benefit or payment would otherwise be payable.

Social Security Caregiver Credit Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Quality Assurance Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) In the construction industry, specialty subcontractors now perform the majority of construction work, in certain cases 100 percent of the work, under the management of a prime contractor, making the subcontractors' price and performance the key determinant in the overall cost of construction projects, including those performed for the Federal Government. (2) Detrimental practices known as ``bid shopping'' and ``bid peddling'' exist in the construction industry, including construction projects for the Federal Government. (3) ``Bid shopping'' occurs when a contractor, after award of a contract, contracts with subcontractors at a price less than the quoted price of the subcontractor upon which the contractor's fixed bid price was based, in order to increase the contractor's profit on the project without any benefit to the entity for which the contract is being performed. (4) ``Bid peddling'' occurs when a subcontractor that is not selected for inclusion in a contractor's team seeks to induce the contractor, after award of the contract, to substitute the subcontractor for another subcontractor whose bid price was reflected in the successful bid of the contractor by offering to reduce its price for performance of the specified work, suggesting that the previous offer of the subcontractor was padded or incorrect. (5) Bid shopping and bid peddling-- (A) threaten the integrity of the competitive bid system for construction that benefits the Federal Government, the construction industry, and the economy of the United States as a whole; (B) compromise national security by promoting uncertainty about which contractors actually perform work on critical infrastructure projects; (C) deprive taxpayers of the benefits of full and open competition among prospective contractors and subcontractors for the performance of Federal construction projects; (D) expose Federal construction projects to the dangers of substandard performance, substitution of lower quality materials, and other detrimental cost- cutting practices by an unscrupulous substituted subcontractor; and (E) can be effectively deterred in Federal construction by modifying the Federal Acquisition Regulation to require bid listing, which is the practice of requiring each offeror for a Federal construction contract to list the subcontractors whose performance is reflected in the bid price, procedures for the substitution of listed subcontractors for good cause, and other deterrents to abuse. SEC. 3. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means any contract with the Federal Government, exceeding $1,000,000 in amount, for the construction, alteration, or repair of any public building or public work of the United States. (2) Contractor.--The term ``contractor'' means an individual or entity that has been awarded or is seeking to be awarded a construction contract by the Federal Government. (3) Subcontractor.--The term ``subcontractor'' means an individual or entity that subcontracts with a contractor in an amount in excess of $100,000 for work on a contract. SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS ON CONSTRUCTION PROJECTS. (a) Requirement To List Subcontractors.-- (1) In general.--Each solicitation by an executive agency for the procurement of construction in an amount in excess of $1,000,000 shall require each bidder to submit as part of its bid the name, location of the place of business, and nature of the work of each subcontractor with whom the bidder, if awarded the contract, will subcontract for work in an amount in excess of $100,000 on the contract. (2) Requirements for specific categories.-- (A) Except as provided in subparagraphs (B) and (C), the bidder shall list only one subcontractor for each category of work as defined by the bidder in its bid or proposal. (B) A bidder may list multiple subcontractors for a category of work if each such subcontractor is listed to perform a discrete portion of the work within a category. (C) A bidder may list itself for any portion of work under the contract, which shall be deemed a representation by the bidder that it is fully qualified to perform that portion of the work itself and that the bidder will perform that portion itself. (3) Result of failure to list subcontractors.--An executive agency shall consider any bidder that fails to list subcontractors in accordance with this Act and the regulations promulgated pursuant to section 7 of this Act to be non- responsive and bids by such bidders shall not be considered. (b) Procedures for Substitution of a Listed Subcontractor.-- (1) Consent and good cause required.--No contractor shall substitute a subcontractor in place of the subcontractor listed in the original bid or proposal, except with the consent of the contracting officer for good cause. (2) Examples of good cause.--Good cause under paragraph (1) shall include the following: (A) Failure of the subcontractor to execute a written contract after a reasonable period if such written contract, based upon the terms, conditions, plans, and specifications of the contract and the terms of the subcontractor's bid or proposal, is presented to the subcontractor by the contractor. (B) Bankruptcy of the subcontractor. (C) The death or physical disability of the subcontractor, if the subcontractor is an individual. (D) Dissolution of the subcontractor, if the subcontractor is a corporation or partnership. (E) Failure of a subcontractor to meet the surety bond requirements specified by the bidder as a condition of the subcontractor to perform on the contract, if awarded to the bidder. (F) The subcontractor is ineligible to perform on the subcontract because the subcontractor is suspended, debarred, or otherwise ineligible to perform. (G) A series of failures by the subcontractor to perform in accordance with the specification, terms, and conditions of its subcontract resulting in the withholding of amounts requested by the subcontractor in accordance with section 3905 of title 31, United States Code, and the regulations implementing such section. (H) Failure of the subcontractor to comply with a requirement of law applicable to the subcontractor. (I) Failure or refusal of the subcontractor to perform the subcontract. (3) Requests for substitution.--A request of a contractor for a substitution of a listed subcontractor shall be submitted in writing to the contracting officer and shall include the reasons for the request. The contractor shall provide a copy of its request for substitution to the listed subcontractor by any means that provides written third-party verification of delivery to the last known address of the subcontractor. A subcontractor who has been so notified shall have five working days within which to submit written objections to the substitution to the contracting officer. Failure to file such written objections shall constitute the consent of the listed subcontractor to the substitution. (c) Limitation on Assignment, Transfer, or Substitution.-- (1) Limitation on assignment or transfer.--No contractor shall permit any subcontract to be voluntarily assigned or transferred or to be performed by any entity other than the subcontractor listed in the bid or proposal without the consent of the contracting officer. Consent of the contracting officer to a contractor for a substitution shall-- (A) be promptly made in writing; and (B) be included in the contract file. (2) Limitation on substitution.--No contractor that listed itself for a portion of the work under the contract shall subcontract any portion of the work for which it listed itself, unless authorized by the contracting officer to substitute one or more subcontractors to perform such work. SEC. 5. PENALTIES. (a) In General.-- (1) A contractor shall be subject to penalties if, without obtaining the approval of the contracting officer, the contractor-- (A) replaces a listed subcontractor for a contract with an executive agency; or (B) awards a subcontract to a subcontractor to perform work which the contractor had identified as work to be performed directly by the contractor. (2) A subcontractor shall also be subject to penalties if the subcontractor is determined to have knowingly participated in the failure of the contractor to comply with the regulatory provisions relating to the substitution of a listed subcontractor. (b) Amount of Penalties To Be Imposed.--The amount of penalties imposed under this section shall be equal to the greater of-- (1) 10 percent of the amount of the bid by the listed subcontractor; (2) the difference between the amount of the bid by the listed subcontractor and the amount of the bid by the substituted subcontractor; or (3) the difference between the amount of the bid by a substituted subcontractor and the dollar value specified by the contractor for the work which the contractor had listed for its own performance. (c) Source of Funds for Penalties.--Penalties assessed pursuant to this section shall be deducted from the remaining unpaid contract balance and deposited into the fund from which the contract was awarded. SEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT. The imposition of penalties on a contractor or subcontractor for failure to comply with the procedures for the substitution of subcontractors on 2 contracts within a 3-year period shall be deemed to be adequate evidence of the commission of an offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor within the meaning of part 9.4 of the Federal Acquisition Regulation (Debarment, Suspension, and Eligibility) (48 CFR 9.4). SEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION. (a) Proposed Revisions.--Proposed revisions to the Government-wide Federal Acquisition Regulation to implement the provisions in this Act shall be published not later than 120 days after the date of the enactment of this Act and provide not less than 60 days for public comment. (b) Final Regulations.--Final regulations shall be published not less than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of publication.

Construction Quality Assurance Act of 2009 - Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit the name, business location, and nature of work of each subcontractor with whom such bidder will subcontract for work in excess of $100,000. Deems to be non-responsive, and prohibits consideration of, any bidder that fails to list such subcontractors. Prohibits a contractor from substituting another subcontractor for a listed subcontractor, permitting any subcontract to be voluntarily assigned or transferred, or subcontracting work for which the contractor listed itself, without the contracting officer's consent. Sets forth: (1) examples of good cause and procedures required for substitution requests; and (2) penalties for violations of such prohibitions, including suspension or debarment from federal contracts for multiple violations. Requires revisions to the Federal Acquisition Regulation to implement this Act.

To assure quality and best value with respect to Federal construction projects by prohibiting the practice known as bid shopping.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Based Health Services Training and Employment Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The ``baby boom'' generation will require health care attention that will exceed the current supply of health care providers. (2) There is a shortage of training programs specializing in health care and long-term services that focus on home care instead of institutionalized care. (3) Although the need for home-based health services transcends all income levels, the availability of such services is more limited for residents of public housing. (4) Estimates indicate that there are 44,000,000 caregivers in the United States providing unpaid care to at least one adult, representing 22,900,000 households. (5) Of working persons providing unpaid care, 62 percent have had to make adjustments to work schedules or leave employment. (6) Many low-income families in the United States are placed in an untenable position of choosing between work and caregiving responsibilities at home. (7) Many residents of public housing in the United States are aging and in need of care. (8) The Department of Housing and Urban Development estimates the percentage of households assisted by the Department that are elderly households is 35 percent in New York, 33 percent in Boston, 35 percent in Chicago, 24 percent in Cleveland, 40 percent in Los Angeles, and 20 percent in Puerto Rico. (9) New service programs are needed to provide home-based health services to residents of public housing and to provide job training and job placement for persons receiving assistance from the Department of Housing and Urban Development needing employment. (10) The Department of Housing and Urban Development should establish a home-based health services pilot program to meet the challenges of the increasing number of elderly persons and persons with disabilities in public housing, which would simultaneously create an opportunity to train job seekers in a trade that provides home-based health services. (b) Purposes.--The purposes of this Act are-- (1) to give flexibility to the Department of Housing and Urban Development and other entities to establish training programs in home-based health services for public housing residents; and (2) to provide needed home care options to elderly and disabled public housing residents (including elderly and disabled veterans who are public housing residents) and elderly and disabled residents of federally-assisted rental housing to allow them to remain in their homes and their communities. SEC. 3. PILOT GRANT PROGRAM TO TRAIN PUBLIC HOUSING RESIDENTS TO PROVIDE COVERED HOME-BASED HEALTH SERVICES. Section 34 of the United States Housing Act of 1937 (42 U.S.C. 1437z-6) is amended by adding at the end the following new subsections: ``(f) Pilot Grant Program To Train Public Housing Residents To Provide Covered Home-Based Health Services.-- ``(1) Establishment of pilot grant program.--The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a competitive grant program to make grants to eligible entities under paragraph (2) for use for the training of public housing residents as home health aides and as providers of home-based health services (including as personal and home care aides) to enable such residents to provide covered home-based health services to-- ``(A) residents of public housing who are elderly or disabled, or both (including elderly and disabled veterans who are residents of public housing); and ``(B) subject to the criteria set forth pursuant to paragraph (3), residents of federally-assisted rental housing who are elderly or disabled, or both. ``(2) Eligible entities.--A grant under this subsection may be made only to an entity that-- ``(A) is a public housing agency or other unit of State or local government (including an agency of such unit), community health center, home care provider organization, faith-based organization, labor organization, or other organization determined to be qualified by the Secretary; and ``(B) demonstrates to the satisfaction of the Secretary that it has established, or provides such assurances that it will establish, an employment training program to train public housing residents to provide covered home-based health services that complies with regulations that the Secretary shall issue. ``(3) Residents of federally-assisted rental housing.--The Secretary may set forth criteria under which an entity receiving funding under this subsection may train public housing residents to provide covered home-based health services to elderly and disabled residents of federally-assisted rental housing. ``(4) Application.--To be eligible for a grant under this subsection an eligible entity under paragraph (2) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. ``(5) Competitive grant awards.-- ``(A) General criteria for selection.--The Secretary shall establish policies and procedures for reviewing and approving funding for eligible entities through a competitive process taking into consideration-- ``(i) with respect to the service area in which public housing residents trained under an employment training program described in paragraph (2)(B) will provide covered home- based health services-- ``(I) the percentage of residents age 62 and older; ``(II) the percentage of disabled residents; and ``(III) the percentage of unemployed or underemployed residents; ``(ii) the ability of an eligible entity to provide training that leads to the provision of quality care; ``(iii) the record of the quality of care of an eligible entity; and ``(iv) such other criteria as determined by the Secretary. ``(B) Geographic consideration.--In awarding grants, the Secretary shall consider a geographic mix of a variety of eligible entities so that the grant program will include at least-- ``(i) one employment training program described in paragraph (2)(B) that primarily serves an urban population; ``(ii) one employment training program described in paragraph (2)(B) that primarily serves a rural population; ``(iii) one employment training program described in paragraph (2)(B) that primarily serves an Indian population; and ``(iv) one employment training program described in paragraph (2)(B) that primarily serves a population in the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. ``(6) Use of grant funds.--An entity receiving funding under this subsection may use such funds-- ``(A) to establish (or maintain) and carry-out an employment training program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and elderly and disabled residents of federally-assisted rental housing; ``(B) for the transportation expenses of public housing residents in training under such an employment training program; ``(C) for the child care expenses of public housing residents in training under such an employment training program; ``(D) for the administrative expenses of carrying out such an employment training program; and ``(E) for any other activity the Secretary determines appropriate. ``(7) Report to congress.--Not later than 24 months after the date of the enactment of the Home-Based Health Services Training and Employment Act of 2012, the Secretary shall submit to Congress a report on the use and impact of the grant program established by this subsection. The report shall include-- ``(A) a review of the effectiveness of the program in-- ``(i) providing jobs for public housing residents; ``(ii) meeting the unmet health and long- term care needs of elderly and disabled residents of public housing and elderly and disabled residents of federally-assisted rental housing; and ``(iii) enabling the provision of quality care; and ``(B) any recommendations the Secretary determines appropriate regarding the grant program. ``(8) Definitions.--As used in this subsection, subsection (g), and subsection (h): ``(A) Home-based health services.--The term `home- based health services' means health care and long-term services provided to an individual in a place of residence used as such individual's home and includes-- ``(i) home health services described in section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)); ``(ii) personal care services described in section 1905(a)(24) of such Act (42 U.S.C. 1396d(a)(24)); and ``(iii) home-based services which may be covered under a waiver under subsection (c) or (d) of section 1915 of such Act (42 U.S.C. 1396n). ``(B) Home health aide.--The term `home health aide' has the meaning given the term in section 1891(a)(3)(E) of the Social Security Act (42 U.S.C. 1395bbb(a)(3)(E)). ``(C) Covered.--The term `covered' means, with respect to home-based health services, such services-- ``(i) for which medical assistance is available under a State plan under title XIX of the Social Security Act; or ``(ii) for which financial assistance is available under subsection (g). ``(D) Federally-assisted rental housing.--The term `federally-assisted rental housing' means-- ``(i) housing assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); ``(ii) housing assisted under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); ``(iii) housing assisted under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (including project-based and tenant-based assistance); ``(iv) housing assisted under the block grant program under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); ``(v) housing financed by a mortgage insured under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) or held by the Secretary, a State, or State agency; and ``(vi) housing assisted under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013). ``(9) Inapplicability of previous subsections.--Subsections (a) through (e) shall not apply to this subsection, subsection (g), and subsection (h). ``(10) Rule of construction.--This subsection and subsection (g) may not be construed as affecting any requirement under State law for training, licensure, or any other certification as a home health aide or as a provider of any home-based health service under this subsection and subsection (g). ``(11) Regulations.--Not later than 6 months after the date of enactment of the Home-Based Health Services Training and Employment Act of 2012, the Secretary shall issue regulations to carry out this subsection. ``(g) Financial Assistance for Home-Based Health Services in Certain Jurisdictions.-- ``(1) Financial assistance.--The Secretary, in consultation with the Secretary of Health and Human Services, may provide financial assistance under this subsection to entities receiving grant funds under the pilot program established under subsection (f) that provide training for public housing residents as home health aides and as providers of home-based health services and provide (or pay for) such services for use only for their costs in providing (or paying for) such services to-- ``(A) residents of public housing who are elderly or disabled, or both (including elderly or disabled veterans who are residents of public housing); or ``(B) at the discretion of the Secretary, residents of federally-assisted rental housing who are elderly or disabled, or both. ``(2) Requirements.-- ``(A) Location.--Assistance under paragraph (1) may be provided only for services furnished in locations in which medical assistance for home-based health services is not available under a State plan under title XIX of the Social Security Act. ``(B) Trained public housing residents.--Assistance under paragraph (1) may be used only for costs of services described in paragraph (1) that are provided by public housing residents trained by an entity receiving grant funds under the pilot program established under subsection (f). ``(3) Eligibility.--To be eligible for financial assistance under this subsection an entity shall-- ``(A) provide such assurances as the Secretary shall require that it will use the funds only as provided in paragraphs (1) and (2); ``(B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary requires; and ``(C) comply with such other terms and conditions as the Secretary shall establish to carry out this subsection. ``(h) Impact of Income on Eligibility for Housing Benefits.--For any resident of public housing who is trained as a home health aide or as a provider of home-based health services pursuant to the program under subsection (f), any income received by such resident for providing covered home-based health services shall apply towards eligibility for benefits under Federal housing programs as follows: ``(1) No income received shall apply for the 12 months after the completion of the training of such resident. ``(2) Twenty-five percent of income received shall apply for the period that is 12 to 24 months after the completion of the training of such resident. ``(3) Fifty percent of income received shall apply for the period that is 24 to 36 months after the completion of the training of such resident. ``(4) One-hundred percent of income received shall apply for any period that begins after 36 months after the completion of the training of such resident.''.

Home-Based Health Services Training and Employment Act of 2012 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to establish a pilot program to make grants on a competitive basis to eligible entities for the training of public housing residents as home health aides and providers of home-based health services to enable them to provide covered home-based health services (i.e., services for which medical assistance is available under a state Medicaid plan or for which financial assistance is available under this Act) to residents of: (1) public housing who are elderly, disabled, or both; and (2) federally-assisted rental housing who are elderly, disabled, or both, subject to criteria that the Secretary may establish. Authorizes the use of grant funds: (1) to establish or maintain and carry out a program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and to elderly and disabled residents of federally-assisted rental housing, (2) for the transportation and child care expenses of public housing residents in training, and (3) for the administrative expenses of carrying out such a program. Provides that for any resident of public housing who is trained as a home health aide or as a provider of home-based health services under the program, any income received for providing covered home-based health services shall apply towards eligibility for benefits under federal housing programs as specified, based on length of time following completion of the training.

To establish a pilot program to train public housing residents as home health aides and in home-based health services to enable such residents to provide covered home-based health services to residents of public housing and residents of federally-assisted rental housing, who are elderly and disabled, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited at the ``Improving Department of State Oversight Act of 2015''. SEC. 2. COMPETITIVE HIRING STATUS FOR FORMER EMPLOYEES OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION. Notwithstanding any other provision of law, any employee of the Special Inspector General for Iraq Reconstruction who completes at least 12 months of service at any time prior to the date of the termination of the Special Inspector General for Iraq Reconstruction, October 5, 2013, and was not terminated for cause shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. SEC. 3. ASSURANCE OF INDEPENDENCE OF IT SYSTEMS. (a) In General.--The Secretary of State, with the concurrence of the Inspector General of the Department of State, shall certify to the appropriate congressional committees that the Department has made reasonable efforts to ensure the integrity and independence of the Office of the Inspector General Information Technology systems. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. SEC. 4. PROTECTING THE INTEGRITY OF INTERNAL INVESTIGATIONS. Section 209(c)(5) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)(5)) is amended by inserting at the end the following new subparagraph: ``(C) Required reporting of allegations and investigations and inspector general authority.-- ``(i) In general.--Each bureau, post or other office (in this subparagraph, an `entity') of the Department of State shall, within five business days, report to the Inspector General any allegations of-- ``(I) waste, fraud, or abuse in a Department program or operation; ``(II) criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, GM-15 level or higher; ``(III) criminal misconduct on the part of any Department employee; and ``(IV) serious, noncriminal misconduct on the part of any individual who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority. ``(ii) Inspector general authority.--The Inspector General may, pursuant to existing authority, investigate matters covered by clause (i). ``(iii) Limitation on investigations outside of office of inspector general.--No entity in the Department of State with concurrent jurisdiction over matters covered by clause (i), including the Bureau of Diplomatic Security, may initiate an investigation of such matter unless it has first reported the allegations to the Inspector General as required by clause (i), except as provided in clauses (v) and (vi). ``(iv) Cooperation.--If an entity in the Department of State initiates an investigation of a matter covered in clause (i) the entity must, except as provided in clause (v), fully cooperate with the Inspector General, including-- ``(I) by providing to the Inspector General all data and records obtained in connection with its investigation upon request of the Inspector General; ``(II) by coordinating, at the request of the Inspector General, such entity's investigation with the Inspector General; and ``(III) by providing to the Inspector General requested support in aid of the Inspector General's oversight and investigative responsibilities. ``(v) Exceptions.--The Inspector General may prescribe general rules under which any requirement of clause (iii) or clause (iv) may be dispensed with. ``(vi) Exigent circumstances.--Compliance with clauses (i), (iii), and (iv) of this subparagraph may be dispensed with by an entity of the Department of State if complying with them in an exigent circumstance would pose an imminent threat to human life, health or safety, or result in the irretrievable loss or destruction of critical evidence or witness testimony, in which case a report of the allegation shall be made not later than 48 hours after an entity begins an investigation under the authority of this clause and cooperation required under clause (iv) shall commence not later than 48 hours after the relevant exigent circumstance has ended. ``(vii) Rule of construction.--Nothing in this subparagraph may be interpreted to affect any duty or authority of the Inspector General under any provision of law, including the Inspector General's duties or authorities under the Inspector General Act.''. SEC. 5. REPORT ON INSPECTOR GENERAL INSPECTION AND AUDITING OF FOREIGN SERVICE POSTS AND BUREAUS AND OPERATING UNITS DEPARTMENT OF STATE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress on the requirement under section 209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) that the Inspector General of the Department of State inspect and audit, at least every 5 years, the administration of activities and operations of each Foreign Service post and each bureau and other operating unit of the Department of State. (b) Consideration of Multi-Tier System.--The report required under subsection (a) shall assess the advisability and feasibility of implementing a multi-tier system for inspecting Foreign Service posts featuring more (or less) frequent inspections and audits of posts based on risk, including security risk, as may be determined by the Inspector General. (c) Composition.--The report required under subsection (a) shall include separate portions prepared by the Inspector General of the Department of State, and the Comptroller General of the United States, respectively.

Improving Department of State Oversight Act of 2015 This bill grants competitive status for appointment to a position in the competitive service for which the employee is qualified to any employee of the Special Inspector General for Iraq Reconstruction (SIGRI) who was not terminated for cause, and who completes at least 12 months of service at any time before the termination of the SIGRI on October 5, 2013. The Secretary of State shall certify to Congress that the Department of State has made reasonable efforts to ensure the integrity and independence of the Office of the Inspector General Information Technology systems. Each State Department entity under the Foreign Service Act of 1980 shall report within five business days to the Inspector General (IG) any allegations of: program waste, fraud, or abuse; criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, GM-15 level or higher; criminal misconduct on the part of any Department employee; and serious, noncriminal misconduct on the part of any individual who is authorized to carry a weapon, make arrests, or conduct searches (such as conduct that would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority). No State Department entity with concurrent jurisdiction over such matters, including the Bureau of Diplomatic Security, may initiate an investigation without first reporting the allegations to the IG. A State Department entity that initiates an investigation of such a matter must fully cooperate with the IG, unless the IG authorizes an exception.

Improving Department of State Oversight Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Security Technology Innovation Reform Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Transportation Security Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Administration. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (4) Department.--The term ``Department'' means the Department of Homeland Security. SEC. 3. TRANSPORTATION SYSTEMS INTEGRATION FACILITY. (a) In General.--There is established in the Administration a Transportation Security Administration Systems Integration Facility (TSIF) for the purposes of testing and evaluating advanced transportation security screening technologies related to the mission of the Administration. The TSIF shall-- (1) evaluate such technologies to enhance the security of transportation systems through screening and threat mitigation and detection; (2) conduct testing of such technologies to support identified mission needs of the Administration and to meet requirements for acquisitions and procurement; (3) to the extent practicable, provide original equipment manufacturers with test plans to minimize requirement interpretation disputes and adhere to provided test plans; (4) collaborate with other technical laboratories and facilities for purposes of augmenting TSIF's capabilities; (5) deliver advanced transportation security screening technologies that enhance the overall security of domestic transportation systems; and (6) to the extent practicable, provide funding and promote efforts to enable participation by a small business concern (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)) that has an advanced technology or capability but does not have adequate resources to participate in testing and evaluation processes. (b) Staffing and Resource Allocation.--The Administrator shall ensure adequate staffing and resource allocations for the TSIF in a manner which-- (1) prevents unnecessary delays in testing and evaluating advanced transportation security screening technologies for acquisitions and procurement determinations; (2) ensures the issuance of final paperwork certification does not exceed 45 days after the conclusion of such testing and evaluation; and (3) collaborates with technology stakeholders to close capabilities gaps in transportation security. (c) Timeframe.-- (1) In general.--The Administrator shall notify the appropriate congressional committees whenever testing and evaluation by TSIF of an advanced transportation security screening technology under this section exceeds 180 days as determined from the date on which the owner of such technology turned over such technology to the Administration after installation for testing and evaluation purposes, as evidenced by a signed Test Readiness Notification from such owner to the Administration. Such notification shall include-- (A) information relating to the arrival date of such technology; (B) reasons why the testing and evaluation process has exceeded 180 days; and (C) an estimated time for completion of such testing and evaluation. (2) Retesting and evaluation.--Advanced transportation security screening technology that fails testing and evaluation by the TSIF may be retested and evaluated. (d) Relationship to Other Department Entities and Federal Agencies.--The authority of the Administrator under this title shall not affect the authorities or responsibilities of any officer of the Department or of any officer of any other department or agency of the United States with respect to research, development, testing, and evaluation, including the authorities and responsibilities of the Undersecretary for Science and Technology of the Department and the Countering Weapons of Mass Destruction Office of the Department. SEC. 4. REVIEW OF TECHNOLOGY ACQUISITIONS PROCESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall, in coordination with relevant officials of the Department, conduct a review of existing advanced transportation security screening technology development, acquisitions, and procurement practices within the Administration. Such review shall include-- (1) identifying process delays and bottlenecks within the Department and the Administration regarding how such technology is identified, developed, acquired, and deployed; (2) assessing whether the Administration can better leverage existing resources or processes of the Department for the purposes of technology innovation and development; (3) assessing whether the Administration can further encourage innovation and competition among technology stakeholders, including through increased participation of and funding for small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)); (4) identifying best practices of other Department components or United States Government entities; and (5) a plan to address problems and challenges identified by such review. (b) Briefing.--The Administrator shall provide to the appropriate congressional committees a briefing on the findings of the review required under this section and a plan to address problems and challenges identified by such review. SEC. 5. ADMINISTRATION ACQUISITIONS AND PROCUREMENT ENHANCEMENT. (a) In General.--The Administrator shall-- (1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies; (2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the Administration; and (3) ensure the effectiveness and efficiency of such processes. SEC. 6. ASSESSMENT. The Secretary of Homeland Security, in consultation with the Chief Privacy Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a compliance assessment of the Transportation Security Administration's acquisition process relating to the health and safety risks associated with implementation of screening technologies. Passed the House of Representatives June 25, 2018. Attest: KAREN L. HAAS, Clerk.

Transportation Security Technology Innovation Reform Act of 2018 (Sec. 3) This bill establishes in the Transportation Security Administration (TSA) a Transportation Security Administration Systems Integration Facility (TSIF) for the purpose of testing and evaluating advanced transportation security screening technologies related to the mission of the TSA. The TSA shall notify Congress whenever testing and evaluation by the TSIF of an advanced transportation security screening technology exceeds 180 days. (Sec. 4) The TSA shall review existing advanced transportation security screening technology development, acquisitions, and procurement practices within the TSA. (Sec. 5) The TSA shall: (1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies; (2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the TSA; and (3) ensure the effectiveness and efficiency of such processes. (Sec. 6) The Department of Homeland Security shall submit to the congressional homeland security committees a compliance assessment of TSA's acquisition process relating to the health and safety risks associated with implementation of screening technologies.

Transportation Security Technology Innovation Reform Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``MediFair Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Regional inequities in medicare reimbursement has created barriers to care for seniors and the disabled. (2) The regional inequities in medicare reimbursement penalize States that have cost-effective health care delivery systems and rewards those States with high utilization rates and that provide inefficient care. (3) Over a lifetime, those inequities can mean as much as a $50,000 difference in the cost of care provided per beneficiary. (4) Regional inequities have resulted in creating very different medicare programs for seniors and the disabled based on where they live. (5) Because the Medicare+Choice rate is based on the fee- for-service reimbursement rate, regional inequities have allowed some medicare beneficiaries access to plans with significantly more benefits including prescription drugs. Beneficiaries in States with lower reimbursement rates have not benefited to the same degree as beneficiaries in other parts of the country. (6) Regional inequities in medicare reimbursement have created an unfair competitive advantage for hospitals and other health care providers in States that receive above average payments. Higher payments mean that those providers can pay higher salaries in a tight, competitive market. (7) Regional inequities in medicare reimbursement can limit timely access to new technology for beneficiaries in States with lower reimbursement rates. (8) Regional inequities in medicare reimbursement, if left unchecked, will reduce access to medicare services and impact healthy outcomes for beneficiaries. (9) Regional inequities in medicare reimbursement are not just a rural versus urban problem. Many States with large urban centers are at the bottom of the national average for per beneficiary costs. SEC. 3. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE FEE-FOR-SERVICE PROGRAM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``improving payment equity under the original medicare fee-for-service program ``Sec. 1897. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Increase for states below the national average.-- Under the system established under subsection (a), if a State average per beneficiary amount for a year is less than the national average per beneficiary amount for such year, then the Secretary (beginning in 2003) shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being equal to the national average per beneficiary amount for such subsequent year. ``(2) Reduction for certain states above the national average to enhance quality care and maintain budget neutrality.-- ``(A) In general.--The Secretary shall ensure that the increase in payments under paragraph (1) does not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted by reducing the amount of applicable payments in each State that the Secretary determines has-- ``(i) a State average per beneficiary amount for a year that is greater than the national average per beneficiary amount for such year; and ``(ii) healthy outcome measurements or quality care measurements that indicate that a reduction in applicable payments would encourage more efficient use of, and reduce overuse of, items and services for which payment is made under this title. ``(B) Limitation.--The Secretary shall not reduce applicable payments under subparagraph (A) to a State that-- ``(i) has a State average per beneficiary amount for a year that is greater than the national average per beneficiary amount for such year; and ``(ii) has healthy outcome measurements or quality care measurements that indicate that the applicable payments are being used to improve the access of beneficiaries to quality care. ``(3) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2002), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State. ``(B) National average per beneficiary amount.-- Each year (beginning in 2002), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amount determined under subparagraph (A) for the year. ``(4) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not affect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas.''. SEC. 4. MEDPAC RECOMMENDATIONS ON HEALTHY OUTCOMES AND QUALITY CARE. (a) Recommendations.--The Medicare Payment Advisory Commission established under section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall develop recommendations on policies and practices that, if implemented, would encourage-- (1) healthy outcomes and quality care under the medicare program in States with respect to which payments are reduced under section 1897(b)(2) of such Act (as added by section 3); and (2) the efficient use of payments made under the medicare program in such States. (b) Submission.--Not later than the date that is 9 months after the date of enactment of this Act, the Commission shall submit to Congress the recommendations developed under subsection (a).

MediFair Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a system for making adjustments to the amount of payment to entities and individuals for items and services provided under the original Medicare fee-for-service program under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) for the stated purpose of improving payment equity under such program.Directs the Medicare Payment Advisory Commission to develop recommendations for Congress on policies and practices that, if implemented, would encourage: (1) healthy outcomes and quality care under the Medicare program in States with respect to which payments are reduced under the system under this Act; and (2) the efficient use of payments made under the Medicare program in such States.

To amend title XVIII of the Social Security Act to improve the provision of items and services provided to Medicare beneficiaries residing in rural areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assault Weapons Prohibition Act of 1993''. SEC. 2. PROHIBITION AGAINST POSSESSION OR TRANSFER OF ASSAULT WEAPONS. Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(s)(1) Except as provided in paragraph (2), it shall be unlawful for any person-- ``(A) to transfer an assault weapon; or ``(B) to possess an assault weapon after the 90-day period that begins with the effective date of this subsection. ``(2)(A)(i) Paragraph (1) shall not apply to a transfer to or by, or a possession by or under the authority of, the United States or any department or agency thereof, or any State or a department, agency, or political subdivision thereof. ``(B) Paragraph (1) shall not apply to the otherwise lawful possession of an assault weapon by a person who-- ``(i) has lawfully possessed the weapon since before the effective date of this subsection; and ``(ii) has submitted to the Secretary, in such form and in such manner as the Secretary shall prescribe by regulation-- ``(I) the name (and any former name), address, date of birth, and any driver's license number of the person; and ``(II) the serial number of the weapon. ``(3) Within 90 days after the date of the enactment of this subsection, the Secretary shall prescribe such regulations as are necessary to carry out this subsection.''. SEC. 3. DEFINITION OF ASSAULT WEAPON. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(29) The term `assault weapon' means-- ``(A)(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); ``(ii) Action Arms Israeli Military Industries UZI and Galil; ``(iii) Beretta AR-70 (SC-70); ``(iv) Colt AR-15 and CAR-15; ``(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC; ``(vi) MAC 10 and 11; ``(vii) Steyr AUG; ``(viii) INTRATEC TEC-9; ``(ix) Street Sweeper and Striker 12; ``(x) Auto Ordnance 27A1 Thompson, 27A5 Thompson, M1 Thompson; ``(xi) Springfield BM59, SAR48, and G3SA; ``(xii) All Ruger Mini-14 models with folding stocks; and ``(xiii) Armscorp FAL; ``(B) any firearm which is functionally equivalent to any firearm specified in subparagraph (A); ``(C) a firearm having threads, lugs, or other characteristics which are designed to facilitate the direct attachment of a silencer, bayonet, grenade launcher, flash suppressor, or folding stock to the firearm; ``(D) any part or combination of parts designed to facilitate the attachment of a silencer, bayonet, grenade launcher, flash suppressor, or folding stock to a firearm; ``(E) a detachable magazine, drum, belt, feed strip, or similar device which has a capacity of, or can be readily restored or converted to accept, 10 or more rounds of ammunition; and ``(F) any combination of parts-- ``(i) designed and intended solely and exclusively for assembling-- ``(I) a firearm specified in subparagraph (A), or described in subparagraph (B) or (C); or ``(II) a device described in subparagraph (E); and ``(ii) from which a firearm or device referred to in clause (i) could be assembled if such parts were possessed or controlled by 1 person.''. SEC. 4. AUTHORITY TO RECOMMEND MODIFICATIONS TO THE DEFINITION OF ASSAULT WEAPON. The Secretary of the Treasury, in consultation with the Attorney General, may recommend to the Congress that the definition of an assault weapon in section 921(a)(29) of title 18, United States Code, be modified-- (1) to include firearms not covered by the definition which should be so covered; and (2) to exclude firearms covered by the definition which should not be so covered. SEC. 5. ENHANCED PENALTIES. Section 924(c)(1) of title 18, United States Code, is amended-- (1) by inserting ``and if the firearm is an assault weapon, to imprisonment for 15 years,'' after ``ten years,''; and (2) by inserting ``and if the firearm is an assault weapon, to imprisonment for 30 years,'' after ``twenty years,''. SEC. 6. STUDY BY ATTORNEY GENERAL. (a) In General.--The Attorney General of the United States shall-- (1) investigate and study the effect of this Act and the amendments made by this Act on violent and drug-related crime; and (2) evaluate the recreational and other noncriminal uses of assault weapons (as defined in section 921(a)(29) of title 18, United States Code). (b) Report.--Not later than 30 months after the date of the enactment of this Act, the Attorney General shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the matters described in subsection (a). SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective 90 days after the date of the enactment of this Act.

Assault Weapons Prohibition Act of 1993 - Amends the Federal criminal code to prohibit the transfer or possession of an assault weapon, with exceptions. Authorizes the Secretary of the Treasury to recommend to the Congress that the definition of an assault weapon (as specified under this Act) be modified. Provides enhanced penalties for the use of an assault weapon during and in relation to any crime of violence or drug trafficking crime. Directs the Attorney General to: (1) investigate and study the effect of this Act on violent and drug-related crime; and (2) evaluate the recreational and other noncriminal uses of assault weapons.

Assault Weapons Prohibition Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Environmental Health Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) a growing body of scientific knowledge demonstrates that children may suffer disproportionately from environmental health risks and safety risks; (2) those risks arise because-- (A) the neurological, immunological, digestive, and other bodily systems of children are still developing; (B) children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults; (C) the size and weight of children may diminish their protection from standard safety features; and (D) the behavior patterns of children may make children more susceptible to accidents because children are less able to protect themselves; and (3) each Federal agency, to the extent permitted by law and appropriate, and consistent with the mission of each Federal agency, should-- (A) place a high priority on the identification and assessment of environmental health and safety risks that may disproportionately affect children, including where children live, learn, and play; (B) ensure that the policies, programs, activities, and standards of the Federal agency address disproportionate risks to children that result from environmental health or safety risks; and (C) participate in the implementation of, and comply with, this Act. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Environmental health and safety risk.-- (A) In general.--The term ``environmental health and safety risk'' means an environmental risk to the health or safety of a child that is posed by or otherwise attributable to a substance-- (i) that the child is likely to ingest; or (ii) to which the child may otherwise be exposed. (B) Inclusions.--The term ``environmental health and safety risk'' includes an environmental risk that is posed by or otherwise attributable to-- (i) air that is inhaled by, or that otherwise comes into contact with, a child; (ii) water used by a child for drinking or recreation; (iii) soil; and (iv) chemicals and other substances with which a child may come into contact. (4) Federal agency.--The term ``Federal agency'' means-- (A) any department, agency, or other instrumentality of the Federal Government; (B) any independent agency or establishment of the Federal Government (including any Government corporation); and (C) the Government Printing Office. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Task force.--The term ``Task Force'' means the Task Force to Address Environmental Health and Safety Risks to Children established by section 4(a). SEC. 4. TASK FORCE TO ADDRESS ENVIRONMENTAL HEALTH AND SAFETY RISKS TO CHILDREN. (a) Establishment.--The Administrator, in consultation with the Secretary, shall establish a task force to be known as the ``Task Force to Address Environmental Health and Safety Risks to Children''. (b) Authority.--The Task Force shall report to the President, in consultation with-- (1) the Domestic Policy Council; (2) the National Science and Technology Council; (3) the Council on Environmental Quality; and (4) the Office of Management and Budget. (c) Membership.--The Task Force shall be composed of-- (1) the Administrator of the Environmental Protection Agency, who shall serve as a Co-Chairperson of the Task Force; (2) the Secretary of Health and Human Services, who shall serve as Co-Chairperson of the Task Force; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Attorney General; (6) the Secretary of Energy; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Agriculture; (9) the Secretary of Transportation; (10) the Secretary of Homeland Security; (11) the Director; (12) the Chairperson of the Council on Environmental Quality; (13) the Chairperson of the Consumer Product Safety Commission; (14) the Assistant to the President for Economic Policy; (15) the Assistant to the President for Domestic Policy; (16) the Assistant to the President for, and Director of the Office of, Science and Technology Policy; (17) the Chairperson of the Council of Economic Advisers; and (18) such other officials of Federal agencies as the Administrator and the Secretary may, from time to time, designate. (d) Delegation.--A member of the Task Force may delegate the responsibilities of the member under this Act to 1 or more subordinates. (e) Duties.--The Administrator, in consultation with the Secretary as a co-chair of the Task Force, shall, after providing notice and an opportunity for public participation and comment and, if determined to be appropriate by the Administrator and the Secretary, using a consensus-based approach-- (1) recommend to the President Federal strategies to improve children's environmental health and safety, including-- (A) statements of principles, general policy, and targeted annual priorities to guide the Federal approach to complying with this Act; (B) a coordinated research agenda for the Federal Government, including steps to implement the review of research databases described in paragraph (2)(A); (C) recommendations for appropriate partnerships among the Federal Government, State, local, and tribal governments, and the private, academic, and nonprofit sectors; (D) proposals to enhance public outreach and communication to assist families in evaluating risks to children (including where children live, learn, and play) and in making informed consumer choices; (E) an identification of high-priority initiatives that the Federal Government has undertaken or will undertake in advancing the protection of children's environmental health and safety; (F) a statement regarding the desirability of new legislation to advance the protection of children's environmental health and safety; and (G) other proposals to enhance the health and safety protection of children by Federal and State governments and by communities and families; (2) not later than 180 days after the date of enactment of this Act, develop or direct to be developed-- (A) a review of existing and planned data resources; and (B) a proposed plan, which shall be reviewed by the Administrator and the Secretary, and other Federal agencies as the Administrator and the Secretary consider appropriate, and which shall be made available for public comment for a period of not less than 30 days-- (i) for use in ensuring that researchers and Federal research agencies have access to information on all research conducted or funded by the Federal Government that relates to adverse health risks in children resulting from exposure to environmental health and safety risks; and (ii) that-- (I) promotes the sharing of information on academic and private research; and (II) includes recommendations to encourage that such data, to the extent permitted by law, is available to the public, the scientific and academic communities, and all Federal agencies; and (3) submit to Congress (including the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives) and the President, make available to the public, and provide to the Office of Science and Technology Policy and the National Science and Technology Council for use in establishing research priorities, a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks, including-- (A) a description provided by Federal agencies and other agencies identified by the Task Force of key data needs relating to environmental health and safety risks that have arisen in the course of carrying out projects and activities of the Federal agencies; and (B) a description of the accomplishments of the Task Force. SEC. 5. ADMINISTRATION. (a) In General.--This Act applies only to the Executive branch. (b) Effect of Act.--This Act does not create or establish any substantive or procedural right, benefit, or trust responsibility, enforceable at law or equity, by a party against the United States (including any agency, officer, or employee of the United States). (c) Judicial Review.--This Act does not create or establish any right to judicial review involving the compliance or noncompliance with this Act by-- (1) the United States (including any agency, officer, or employee of the United States); or (2) any other person.

Children's Environmental Health Protection Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish the Task Force to Address Environmental Health and Safety Risks to Children to: (1) recommend to the President federal strategies to improve children's environmental health and safety; (2) develop a review of existing and planned data resources and a proposed plan for use in ensuring that researchers and federal research agencies have access to information on federal research that relates to adverse health risk in children resulting from exposure to environmental health and safety risks; and (3) submit a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks.

A bill to provide for the establishment of a task force to address the environmental health and safety risks posed to children.