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SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinated Recovery Initiative for Babies Act of 2014'' or the ``CRIB Act of 2014''. SEC. 2. IDENTIFICATION, TREATMENT, AND SURVEILLANCE OF NEONATAL ABSTINENCE SYNDROME. (a) Study.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall conduct a study to identify-- (1) the most effective and beneficial methods that are currently available to identify the need for treating and best treatment methods for, infants diagnosed with neonatal abstinence syndrome; (2) barriers, including associated costs and limitations or disparities in the availability or scope of health insurance coverage, that may hinder the clinical use of best practices by medical professionals and other health care providers for the identification and treatment of neonatal abstinence syndrome; (3) circumstances, such as populations with unique needs and health care settings with limited resources, that may require particularized best practices for medical professionals and other health care providers for the identification and treatment of neonatal abstinence syndrome; (4) existing surveillance measures within the Department of Health and Human Services (in this Act referred to as the ``Department'') and in State health agencies relating to neonatal abstinence syndrome; and (5) areas in which information on neonatal abstinence syndrome and its surrounding circumstances is insufficient, incomplete, or requires further study or analysis. (b) Advisory Panel.-- (1) Establishment.--The Secretary shall convene an advisory panel (in this section referred to as the ``Panel'') to identify and compile the best practices under subsection (c). The Secretary shall reconvene the Panel for such purpose whenever the Secretary, with the advice of the Panel, determines updates are needed to the list of best practices under subsection (e), but no less than every 2 years. (2) Members.--The Panel shall be composed of 19 members, all of whom shall be medical professionals or health care providers with expertise in neonatal abstinence syndrome. Members shall represent the broad range of such professionals and providers necessary to identify and compile the best practices for identification and treatment of neonatal abstinence syndrome, including representatives of-- (A) The American Academy of Family Physicians. (B) The American Academy of Pediatrics. (C) The American Academy of Physician Assistants. (D) The American College of Nurse-Midwives. (E) The American College of Obstetricians and Gynecologists. (F) The American Hospital Association. (G) The American Medical Association. (H) The American Nurses Association. (I) The American Pharmacists Association. (J) The American Public Health Association. (K) The American Society for Addiction Medicine. (L) The American Society of Anesthesiologists. (M) The Association of State and Territorial Health Professionals. (N) The Association of Women's Health, Obstetric, and Neonatal Nurses. (O) The Children's Hospital Association. (P) The National Association of Medicaid Directors. (Q) The National Association of Nurse Practitioners in Women's Health. (R) The National Association of Pediatric Nurse Practitioners. (S) The National Association of Social Workers. (3) Administrative support.--The Secretary shall provide appropriate administrative support, including technical assistance, to the Panel. (c) Best Practices; Plan; Report.--Not later than 12 months after the date of enactment of this Act, the Secretary shall-- (1)(A) identify and compile the best practices for medical professionals and other health care providers for identifying and treating neonatal abstinence syndrome; and (B) identify any gaps in best practices for medical professionals and other health care providers that may require additional research or analysis; (2) develop and implement a plan for the coordination and, if necessary, expansion and enhancement of public health surveillance of neonatal abstinence syndrome that-- (A) identifies the data necessary for a public health response to neonatal abstinence syndrome; (B) identifies any gaps in current surveillance or coordination that results in the lack of collection of such data, including a lack of timeliness or standardization of data reporting; (C) makes recommendations and provides assistance to the States to implement effective measures to collect such necessary data by State health agencies; and (D) designates an appropriate agency in the Department to coordinate such data; and (3) not later than 18 months after the date of enactment of this Act, submit to the Congress a report containing the Secretary's findings and identifying issues that-- (A) relate to neonatal abstinence syndrome, including its causes, identification, treatment, prevalence, and effects; and (B) public health issues related to neonatal abstinence syndrome that would benefit from further study. (d) Dissemination of Best Practices.--The Secretary-- (1) shall disseminate the best practices identified and compiled under subsection (c), including any updates under subsection (e), directly or through arrangements with nonprofit organizations, government agencies, or the media; (2) shall post such best practices on the public Internet site of the Department; and (3) may include in such dissemination any supplemental information which the Secretary determines to be relevant and appropriate, in consultation with the Panel. (e) Updates to Best Practices.--The Secretary shall periodically, but no less often than every 2 years, review the best practices identified under subsection (c) to ensure that such best practices are up-to-date and reflect the views of the medical community, including organizations listed in subsection (b)(2). (f) Appropriate Agency.--In designating an appropriate agency within the Department under subsection (c), the Secretary shall consider, among other factors, agency resources, purpose, expertise, and capability to conduct public health programs and research.

Coordinated Recovery Initiative for Babies Act of 2014 or the CRIB Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to study the treatment and surveillance of, and available information concerning, neonatal abstinence syndrome (a group of problems occurring in a newborn who was exposed to addictive drugs while in the mother's womb). Requires the Secretary to establish an advisory panel to identify and compile best practices and to disseminate the practices, including through the public HHS website. Requires a review of the best practices at least every two years.

CRIB Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Safety Improvement Act of 2002''. SEC. 2. MICROBIOLOGICAL PERFORMANCE STANDARDS. (a) Meat.--The Federal Meat Inspection Act is amended by inserting after section 8 (21 U.S.C. 608) the following: ``SEC. 8A. MICROBIOLOGICAL PERFORMANCE STANDARDS. ``(a) In General.--In order to protect the public health and promote food safety, the Secretary shall by regulation prescribe performance standards for the reduction of microbiological pathogens in meat and meat products processed by each establishment receiving inspection services under this Act. ``(b) Enforcement.--If the Secretary determines that an establishment fails to meet a standard established under subsection (a) and that the establishment fails to take actions necessary to meet the standard, as determined by the Secretary, the Secretary shall refuse to allow any meat or meat product subject to the standard and processed by the establishment to be labeled, marked, stamped, or tagged as `inspected and passed'.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 7 (21 U.S.C. 456) the following: ``SEC. 7A. MICROBIOLOGICAL PERFORMANCE STANDARDS. ``(a) In General.--In order to protect the public health and promote food safety, the Secretary shall by regulation prescribe performance standards for the reduction of microbiological pathogens in poultry and poultry products processed by each establishment receiving inspection services under this Act. ``(b) Enforcement.--If the Secretary determines that an establishment fails to meet a standard established under subsection (a) and that the establishment fails to take actions necessary to meet the standard, as determined by the Secretary, the Secretary shall refuse to allow any poultry or poultry product subject to the standard and processed by the establishment to be labeled, marked, stamped, or tagged as `inspected and passed'.''. (c) Effectiveness of Current Regulations.--Consistent with section 553 of title 5, United States Code, the Secretary of Agriculture shall have the authority to enforce the microbiological performance standards of the Secretary in effect on January 1, 2000. SEC. 3. LIVESTOCK AND POULTRY TRACEBACK. (a) Livestock.--Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 25. LIVESTOCK TRACEBACK. ``(a) In General.--The Secretary shall, as the Secretary determines necessary, prescribe by regulation that cattle, sheep, swine, goats, horses, mules, and other equines presented for slaughter for human food purposes be identified in the manner prescribed by the Secretary to enable the Secretary to trace each animal to any premises at which the animal has been held for such period prior to slaughter that the Secretary determines necessary to carry out this Act. ``(b) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any cattle, sheep, swine, goats, horses, mules, or other equines not identified as prescribed by the Secretary. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify livestock pursuant to subsection (a) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the livestock. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses thereof, were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any cattle, sheep, swine, goats, horses, mules, or other equines, or the carcasses thereof. ``(f) Pathogens.--If the Secretary finds any human pathogen, disease, or any residue in any cattle, sheep, swine, goats, horses, mules, or other equines at the time they are presented for slaughter or in any carcasses, parts of carcasses, meat, or meat food product prepared in an official establishment and the Secretary finds that there is a reasonable probability that human consumption of any meat or meat food product containing the human pathogen, disease, or residue presents a threat to public health, the Secretary may prohibit or restrict the movement of any animals, carcasses, parts of carcasses, meat, meat food product, or any other article from any source of the human pathogen, disease, or residue until the Secretary determines that the human pathogen, disease, or residue at the source no longer presents a threat to public health. ``(g) Use of Common Methods.--The Secretary shall use any means of identification and recordkeeping methods used by producers or handlers of cattle, sheep, swine, goats, horses, mules, or other equines whenever the Secretary determines that such means of identification and recordkeeping methods will enable the Secretary to carry out this section.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. POULTRY TRACEBACK. ``(a) In General.--The Secretary shall, as the Secretary determines necessary, prescribe by regulation that poultry presented for slaughter for human food purposes be identified in the manner prescribed by the Secretary to enable the Secretary to trace each animal to any premises at which the animal has been held for such period prior to slaughter that the Secretary determines necessary to carry out this Act. ``(b) Prohibition or Restriction on Entry.--The Secretary may prohibit or restrict entry into any slaughtering establishment inspected under this Act of any poultry not identified as prescribed by the Secretary. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry pursuant to subsection (a) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the poultry. ``(2) Access.--Each person, firm, and corporation described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person, firm, or corporation to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person, firm, and corporation described in paragraph (1) shall maintain records required to be maintained under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person, firm, or corporation shall falsify or misrepresent to any other person, firm, or corporation, or to the Secretary, any information as to any premises at which any poultry, or carcasses thereof, were held. ``(e) Alteration or Destruction of Records.--No person, firm, or corporation shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the premises at which were held any poultry or the carcasses thereof. ``(f) Pathogens.--If the Secretary finds any human pathogen, disease, or any residue in any poultry at the time the poultry is presented for slaughter or in any carcasses, parts of carcasses, poultry, or poultry food product prepared in an official establishment and the Secretary finds that there is a reasonable probability that human consumption of any poultry or poultry food product containing the human pathogen, disease, or residue presents a threat to public health, the Secretary may prohibit or restrict the movement of any animals, carcasses, parts of carcasses, poultry, poultry food product, or any other article from any source of the human pathogen, disease, or residue until the Secretary determines that the human pathogen, disease, or residue at the source no longer presents a threat to public health. ``(g) Use of Common Methods.--The Secretary shall use any means of identification and recordkeeping methods used by producers or handlers of poultry whenever the Secretary determines that such means of identification and recordkeeping methods will enable the Secretary to carry out this section.''. SEC. 4. STATE REPORTING OF FOOD BORNE PATHOGEN ILLNESSES. (a) Meat.--Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State shall report to the Secretary and the Secretary of Health and Human Services any outbreak of food borne pathogen illnesses from meat and meat products in the State.''. (b) Poultry.--Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) State Reporting of Food Borne Pathogen Illnesses.--Each State shall report to the Secretary and the Secretary of Health and Human Services any outbreak of food borne pathogen illnesses from poultry and poultry products in the State.''. SEC. 5. EMPLOYEE PROTECTION. (a) Meat.--The Federal Meat Inspection Act is amended by inserting after section 405 (21 U.S.C. 675) the following: ``SEC. 405A. EMPLOYEE PROTECTION. ``(a) In General.--No establishment at which inspection is maintained under this Act may harass, prosecute, hold liable, or discriminate against any employee or other person because the employee or other person-- ``(1) is assisting or demonstrating an intent to assist in achieving compliance with this Act (including any regulation); ``(2) is refusing to violate or assist in the violation of this Act (including any regulation); or ``(3) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to participate in any manner in such a proceeding or in any other action to carry out this Act. ``(b) Complaints.--Not later than 1 year after an alleged violation occurred, an employee or other person alleging a violation of this section, or another person at the request of the employee, may file a complaint with the Secretary. ``(c) Remedial Action.--If the Secretary determines, on the basis of a complaint, that an establishment violated subsection (a), the Secretary shall order the establishment to-- ``(1) take affirmative action to abate the violation; and ``(2) pay compensatory damages, including back pay, to the aggrieved employee or other person.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 12 (21 U.S.C. 461) the following: ``SEC. 12A. EMPLOYEE PROTECTION. ``(a) In General.--No establishment at which inspection is maintained under this Act may harass, prosecute, hold liable, or discriminate against any employee or other person because the employee or other person-- ``(1) is assisting or demonstrating an intent to assist in achieving compliance with this Act (including any regulation); ``(2) is refusing to violate or assist in the violation of this Act (including any regulation); or ``(3) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to participate in any manner in such a proceeding or in any other action to carry out this Act. ``(b) Complaints.--Not later than 1 year after an alleged violation occurred, an employee or other person alleging a violation of this section, or another person at the request of the employee, may file a complaint with the Secretary. ``(c) Remedial Action.--If the Secretary determines, on the basis of a complaint, that an establishment violated subsection (a), the Secretary shall order the establishment to-- ``(1) take affirmative action to abate the violation; and ``(2) pay compensatory damages, including back pay, to the aggrieved employee or other person.''. SEC. 6. BIOLOGICAL THREATS TO FOOD SUPPLY. Section 409 of the Federal Meat Inspection Act (21 U.S.C. 679) is amended by adding at the end the following: ``(c) Biological Threats to Food Supply.--The Secretary and the Secretary of Health and Human Services shall-- ``(1) identify potential biological threats to the food supply of the United States; and ``(2) prepare and (as necessary) implement a rapid response plan to prevent or respond to the threats.''. SEC. 7. STUDY OF RECRUITMENT OF INSPECTORS. (a) In General.--The Secretary of Agriculture shall conduct a study of means of improving the recruitment of individuals to serve as inspectors under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), particularly in urban areas. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study conducted under subsection (a). SEC. 8. RAPID DETECTION METHODS. (a) Study.-- (1) In general.--The Secretary of Agriculture shall conduct a study to determine whether chlorophyll detector technology, or other rapid detection technologies, should be required to be used by each establishment receiving inspection services under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) to detect the presence of manure carrying E. coli bacteria and other human pathogens in meat, meat products, poultry, and poultry products. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the study conducted under paragraph (1). (b) Research and Development.--The Secretary may enter into contracts with qualified persons to carry out research on, and development of, technology described in subsection (a)(1).

Meat and Poultry Products Safety Improvement Act of 2002 - Amends the Federal Meat Inspection Act, and the Poultry Inspection Act, respectively, to: (1) direct the Secretary of Agriculture to prescribe performance standards for the reduction of pathogens in meat and meat products, and poultry and poultry products processed in an establishment inspected under such Acts; (2) direct the Secretary, in the case of an establishment failing to meet such standards, to prohibit such establishment from labeling any meat or poultry product as "inspected or passed"; (3) direct the Secretary to prescribe by regulation that poultry, cattle, sheep, swine, goats, or equines presented for slaughter for human consumption be identified in a manner permitting traceback of holding premises; (4) authorize the Secretary, in the instance of a finding of human pathogen, disease, or residue at a slaughtering or processing establishment, to prohibit the transfer of meat poultry, or products whose human consumption may pose a risk to public health; (5) provide protections for employees who assist in achieving compliance with the provisions of this Act; and (6) require State reporting of food borne pathogen illnesses.Amends the Federal Meat Inspection Act to direct the Secretary and the Secretary of Health and Human Services to identify biological threats to the U.S. food supply, and prepare a response plan.Directs the Secretary to study whether chlorophyl detector technology or other rapid detection technologies should be used by inspected establishments to detect E. coli bacteria and other human pathogens. Authorizes the Secretary to enter into contracts for related research and technology development.

A bill to amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to improve the safety of meat and poultry products.

. (a) Holding Salaries in Escrow.-- (1) In general.--If by April 15, 2017, a House of Congress has not agreed to a concurrent resolution on the budget for fiscal year 2018 pursuant to section 301 of the Congressional Budget Act of 1974, during the period described in paragraph (2) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (2) Period described.--With respect to a House of Congress, the period described in this paragraph is the period which begins on April 16, 2017, and ends on the earlier of-- (A) the day on which the House of Congress agrees to a concurrent resolution on the budget for fiscal year 2018 pursuant to section 301 of the Congressional Budget Act of 1974; or (B) the last day of the One Hundred Fifteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow.--The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Release of amounts at end of the congress.--In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Fifteenth Congress. (5) Role of secretary of the treasury.--The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (b) Treatment of Delegates as Members.--In this section, the term ``Member of Congress'' includes a Delegate or Resident Commissioner to the Congress. (c) Payroll Administrator Defined.--In this section, the term ``payroll administrator'' of a House of Congress means-- (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. SEC. 3. DETERMINATION OF COMPLIANCE WITH STATUTORY REQUIREMENT TO SUBMIT THE PRESIDENT'S BUDGET. Not later than 3 days after the President's budget is due, the Inspector General of the Office of Personnel Management shall-- (1) make an annual determination of whether the Director of the Office of Management and Budget (OMB) and the President are in compliance with section 1105 of title 31, United States Code; and (2) provide a written notification of such determination to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate and the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives. SEC. 4. NO PAY UPON FAILURE TO TIMELY SUBMIT THE PRESIDENT'S BUDGET TO CONGRESS. (a) In General.--Notwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the United States Treasury for the pay of the Director of OMB, Deputy Director of OMB, and the Deputy Director for Management of OMB during any period of noncompliance determined by the Inspector General of the Office of Personnel Management under section 3. (b) No Retroactive Pay.--The Director of OMB, Deputy Director of OMB, and the Deputy Director for Management of OMB may not receive pay for any period of noncompliance determined by the Inspector General of the Office of Personnel Management under section 3 at any time after the end of that period. SEC. 5. EFFECTIVE DATE. Sections 3 and 4 shall take effect upon the date of enactment of this Act.

Protection From Obamacare Mandates and Congressional Equity Act This bill withholds the salaries of Members of a house of Congress that has not agreed to a budget resolution for FY2018 by April 15, 2017, as required by the Congressional Budget Act of 1974. Salaries are withheld from April 16, 2017, until the house of Congress agrees to a budget resolution or the last day of the 115th Congress, whichever is earlier. The Inspector General of the Office of Personnel Management (OPM), by three days after the President's budget is due, shall: (1) make an annual determination of whether the Office of Management and Budget (OMB) and the President are in compliance with statutory requirements for the President's annual budget submission to Congress, and (2) provide a written notification of such determination to specified congressional committees. No funds may be appropriated or otherwise be made available from the Treasury for the pay of the Director, Deputy Director, and Deputy Director for Management of the OMB during any period of noncompliance determined by the OPM Inspector General. Such officials may not receive pay for any period of noncompliance at any time after the end of that period.

Protection From Obamacare Mandates and Congressional Equity Act

SECTION 1. RURAL AND MOUNTAINOUS ADVISORY COUNCIL. (a) Establishment.--Subject to the availability of appropriations, not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council (hereinafter referred to as the ``Council''). (b) Membership.--Members of the Council shall include a diverse group representative of business, academia and independent researchers, State and local authorities, safety and consumer advocates, engineers, labor organizations, environmental experts, a representative of the National Highway Traffic Safety Administration, and other members determined to be appropriate by the Secretary. The Council shall be composed of not less than 15 and not more than 30 members appointed by the Secretary. (c) Terms.--Members of the Council shall be appointed by the Secretary of Transportation and shall serve for a term of three years. (d) Vacancies.--Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (e) Duties.--The Council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to the Secretary regarding the testing and deployment of highly automated vehicles and automated driving systems in areas that are rural, remote, mountainous, insular, or unmapped to evaluate operational limitations caused by natural geographical or man-made features, or adverse weather conditions, and to enhance the safety and reliability of highly automated vehicles and automated driving systems used in such areas with such features or conditions. (f) Report to Congress.--The recommendations of the Council shall also be reported to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (g) Federal Advisory Committee Act.--The establishment and operation of the Council shall conform to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (h) Technical Assistance.--On request of the Council, the Secretary shall provide such technical assistance to the Council as the Secretary determines to be necessary to carry out the Council's duties. (i) Detail of Federal Employees.--On the request of the Council, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of Transportation to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (j) Payment and Expenses.--Members of the Council shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary. (k) Termination.--The Council shall terminate 6 years after the date of enactment of this Act. (l) Definitions.-- (1) In general.--In this section-- (A) the term ``automated driving system'' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain; (B) the term ``dynamic driving task'' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- (i) lateral vehicle motion control via steering; (ii) longitudinal vehicle motion control via acceleration and deceleration; (iii) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; (iv) object and event response execution; (v) maneuver planning; and (vi) enhancing conspicuity via lighting, signaling, and gesturing; (C) the term ``highly automated vehicle''-- (i) means a motor vehicle equipped with an automated driving system; and (ii) does not include a commercial motor vehicle (as defined in section 31101 of title 49, United States Code); and (D) the term ``operational design domain'' means the specific conditions under which a given driving automation system or feature thereof is designed to function. (2) Revisions to certain definitions.-- (A) If SAE International (or its successor organization) revises the definition of any of the terms defined in subparagraph (A), (B), or (D) of paragraph (1) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of chapter 301 of title 49, United States Code. If the Secretary so notifies SAE International (or its successor organization), the existing definition in paragraph (1) shall remain in effect. (B) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in subparagraph (A), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this section. The requirements of section 553 of title 5, United States Code, shall not apply to the making of any such conforming amendments. (C) Pursuant to section 553 of title 5, United States Code, the Secretary may update any of the definitions in subparagraph (A), (B), or (D) of paragraph (1) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.

This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding the testing and deployment of highly automated vehicles and automated driving systems in rural, remote, mountainous, insular, or unmapped areas to evaluate operational limitations caused by natural geographical or man-made features or adverse weather conditions and to enhance the safety and reliability of such vehicles and systems in such areas or conditions. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.

To establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council to make recommendations regarding the testing and deployment of highly automated vehicles and automated driving systems in areas that are rural, remote, mountainous, insular, or unmapped.

SECTION 1. SHORT TITLE. This Act may be cited as the ``USDA Debarment Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) dating back to 1986, several Secretaries of Agriculture have failed to comply with Executive Order No. 12549, which was intended to ensure that the Federal Government did not continue to do business with companies that violate the regulations of a program of any Executive agency; (2) several companies that have violated the regulations of programs within the Department of Agriculture (such as programs related to international agricultural trade, food and nutrition, commodity storage, and livestock trade) continue to participate in the programs with respect to which the companies have violated the regulations; and (3) companies that have violated, and continue to violate, regulations governing Department programs have received billions of dollars, and continue to monetarily benefit. SEC. 3. DEFINITIONS. As used in this Act: (1) Department.--The term ``Department'' means the United States Department of Agriculture. (2) Executive agency.--The term ``Executive agency'' has the same meaning as is provided in section 105 of title 5, United States Code. (3) Final determination.--The term ``final determination'' means the final decision of the Secretary in a nonprocurement debarment proceeding involving a person as to whether the person has committed a material violation-- (A) including a final decision regarding the term of the debarment; but (B) not including a decision as to whether there is sufficient reason for initiation of a nonprocurement debarment proceeding. (4) Material violation.--The term ``material violation'' means an action or series of actions taken by a person that constitute a substantial and material violation of a regulation of a program of the Department, as determined by the Secretary. (5) Nonprocurement debarment.--The term ``nonprocurement debarment'' means an action to bar a person from programs and activities involving Federal financial and nonfinancial assistance offered by the Department, but not including-- (A) Federal procurement programs and activities; (B) contracts entered into by the Commodity Credit Corporation under the price support operations and other programs of the Corporation with persons in the capacities of the persons as agricultural producers; (C) conservation programs administered by the Secretary; and (D) individuals and households who participate in nutrition assistance programs administered by the Secretary. (6) Person.--The term ``person'' means any individual, corporation, partnership, association, or other legal entity, however organized, who is participating, or has participated, in a program or activity of the Department. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. NONPROCUREMENT DEBARMENT. (a) Initiation of Proceedings.--Except as provided in subsection (c), if the Secretary obtains notice of the alleged occurrence of a material violation of a regulation of a program or activity of the Department and the Secretary determines under subsection (b) that there is sufficient reason for initiation of a nonprocurement debarment proceeding the Secretary shall initiate a nonprocurement debarment proceeding against the person not later than 180 days after the determination. (b) Sufficient Reason for Initiation of Nonprocurement Debarment Proceedings.--Subject to subsection (c), sufficient reason for initiation of a nonprocurement debarment proceeding includes, as determined by the Secretary-- (1) the violation of a Federal or State law relevant to the integrity or orderly administration of the program or activity of the Department in which the person is participating; or (2) the commission of an action that may constitute a material violation of a regulation applicable to a program or activity of the Department. (c) Exception.--If the Secretary determines that a decision to initiate a nonprocurement debarment proceeding cannot be made within the 180-day period referred to in subsection (a) because of the need to further investigate the actions of a person relating to the alleged material violation, the Secretary may have such additional time as the Secretary considers necessary to make a decision, but not more than 180 days beyond the original 180-day period. SEC. 5. NONPROCUREMENT DEBARMENT PROCEEDINGS. (a) Notice and Hearing.--Subsequent to the determination that there is sufficient reason for initiation of a nonprocurement debarment proceeding under section 4, the Secretary shall provide the person against whom the proceeding has been initiated with-- (1) full notice of the allegations; (2) the opportunity for an informal hearing not on the record, in which the person is provided appropriate due process procedures, as determined by the Secretary, including an opportunity to rebut any allegation of a material violation; (3) notice of the finding of the Secretary on whether 1 or more material violations were committed by the person; and (4) notice of the appropriate period of debarment. (b) Period of Debarment.--Subject to subsection (e), a person determined to have committed a material violation shall be ineligible to participate in the program or activity in which the material violation occurred during the 5-year period beginning on the date of the determination. (c) Previous Debarment.--Subject to subsection (e), a person who has been previously debarred by another Executive agency, or has been previously debarred under a nonprocurement debarment proceeding under this Act, who is determined by the Secretary to have committed a material violation based on a separate set of factual occurrences, shall be permanently debarred from participating in any program or activity of the Department. (d) Exhaustion of Administrative Remedies.--Prior to seeking judicial review in a court of competent jurisdiction, a person against whom a nonprocurement debarment proceeding has been initiated shall-- (1) exhaust all administrative procedures prescribed by the Secretary; and (2) receive notice of the final determination of the Secretary. (e) Good Faith.--If the Secretary determines that a person, against whom there is sufficient reason for initiation of a nonprocurement debarment proceeding, or against whom a finding of material violation has already been made, committed the act that is the subject of the nonprocurement debarment proceeding in good faith, the Secretary may reduce or eliminate the applicable periods of debarment specified in subsections (b) and (c). (f) Coordination.--To the maximum extent practicable, the Secretary shall consolidate and coordinate any nonprocurement debarment action taken under this Act with other adverse actions within the Department, including other nonprocurement debarment actions. (g) Precedence.--This Act shall take precedence over any administrative procedure for debarment that affects the Department, to the extent that the procedure conflicts with this Act. SEC. 6. REPORT ON CONSISTENT DEBARMENT POLICY. Not later than 120 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall advise the appropriate committees of Congress and the Comptroller General of the United States as to the appropriateness and usefulness of a policy for procurement debarment and a policy for nonprocurement debarment that are applicable all Executive agencies. SEC. 7. REGULATIONS. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall issue regulations to ensure compliance with such provisions of Executive Order No. 12549 as are not in conflict with this Act. (b) Rulemaking Proceeding.--Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding to implement this Act. The rulemaking proceeding shall-- (1) identify all agencies, programs, and activities that are affected by this Act; (2) specify what is sufficient reason for initiation of a nonprocurement debarment proceeding; (3) specify the procedures for the proceeding; (4) specify guidelines for the finding of a material violation; and (5) specify the administrative action to be taken against a person found to have committed a material violation. SEC. 8. TERMINATION OF AUTHORITY. The authority provided by this Act shall terminate on September 30, 1999.

USDA Debarment Act of 1993 - Directs the Secretary of Agriculture to carry out debarment procedures against persons materially violating nonprocurement program regulations.

USDA Debarment Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Flexibility Amendments of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) States differ substantially in demographics, in school governance, and in school finance and funding. The administrative and funding mechanisms that help schools in 1 State improve may not prove successful in other States. (2) Although the Elementary and Secondary Education Act of 1965 and other Federal education statutes afford flexibility to State and local educational agencies in implementing Federal programs, certain requirements of Federal education statutes or regulations may impede local efforts to reform and improve education. (3) By granting waivers of certain statutory and regulatory requirements, the Federal Government can remove impediments for local educational agencies in implementing educational reforms and raising the achievement levels of all children. (4) State educational agencies are closer to local school systems, implement statewide educational reforms with both Federal and State funds, and are responsible for maintaining accountability for local activities consistent with State standards and assessment systems. Therefore, State educational agencies are often in the best position to align waivers of Federal and State requirements with State and local initiatives. (5) The Education Flexibility Partnership Demonstration Act allows State educational agencies the flexibility to waive certain Federal requirements, along with related State requirements, but allows only 12 States to qualify for such waivers. (6) Expansion of the waiver authority under such Act will allow for the waiver of statutory and regulatory requirements that impede implementation of State and local educational improvement plans, or that unnecessarily burden program administration, while maintaining the intent and purposes of affected programs, and maintaining such fundamental requirements as those relating to civil rights, educational equity, and accountability. (7) To achieve the State goals for the education of children in the State, the focus must be on results in raising the achievement of all students, not process. SEC. 3. EXPANSION OF THE EDUCATION FLEXIBILITY PARTNERSHIP DEMONSTRATION ACT. (a) In General.--Section 311(e) of the Goals 2000: Educate America Act (20 U.S.C. 5891(e)) is amended-- (1) in paragraph (2)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The Secretary may carry out an education flexibility demonstration program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to 1 or more programs or Acts described in subsection (b) or 1 or more programs described in subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (except section 3136 of such Act), other than requirements described in subsection (c) of this Act and section 14401(c) of the Elementary and Secondary Education Act of 1965, for the State educational agency or any local educational agency or school within the State.''; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); and (2) in paragraph (3), by amending subparagraph (A) to read as follows: ``(A)(i) has-- ``(I) developed a State improvement plan under section 306; ``(II) developed and implemented the challenging State content standards, challenging State student performance standards, and aligned assessments described in section 1111(b) of the Elementary and Secondary Education Act of 1965, including the requirements of that section relating to disaggregation of data, and for which local educational agencies in the State are producing the individual school performance profiles required by section 1116(a) of such Act; or ``(III) made substantial progress, as determined by the Secretary, toward developing and implementing the standards and assessments, and toward having local educational agencies in the State produce the profiles, described in subclause (I); and ``(ii) holds local educational agencies and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (5), and for taking corrective actions, consistent with section 1116 of the Elementary and Secondary Education Act of 1965, for the local educational agencies that do not meet the goals; and''. (b) Authority To Issue Waivers.--Section 311(e) of the Goals 2000: Educate America Act (20 U.S.C. 5891(e)) is amended further by adding at the end the following: ``(8) Authority to issue waivers.--Notwithstanding any other provision of law, the Secretary is authorized to carry out the education flexibility demonstration program under this subsection for each of the fiscal years 1999 through 2003.''. (c) Accountability.--Section 311(f) of the Goals 2000: Educate America Act (20 U.S.C. 5891(f)) is amended by adding at the end the following: ``In the case of deciding whether to extend a State educational agency's authority to issue waivers under subsection (e), the Secretary also shall review the progress of the State educational agency to determine if such agency-- ``(1) has established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, the subject matter knowledge and pedagogical skill necessary to provide effective instruction in the content area or areas in which the teachers provide instruction; and ``(2) has decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.''. (d) Transition Rules.-- (1) Construction.--Nothing in this Act or the amendments made by this Act shall be construed to affect the authority of a State educational agency that has been granted waiver authority under the following provisions of law: (A) Section 311(e) of the Goals 2000: Educate America Act as such section was in effect on the day before the date of enactment of this Act. (B) The proviso referring to such section 311(e) under the heading ``education reform'' in the Department of Education Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-229). (2) Eligibility.--A State educational agency that has been granted waiver authority under a provision of law described in subparagraph (A) or (B) of paragraph (1) prior to the date of enactment of this Act shall be eligible to apply for waiver authority under section 311(e) of the Goals 2000: Educate America Act as such section is in effect on the date of enactment of this Act.

Education Flexibility Amendments of 1998 - Amends the Goals 2000: Educate America Act to authorize the Secretary of Education to allow all States to participate in the Education Flexibility Partnership Demonstration Act (Ed-Flex) program. Includes State and local programs for school technology resources under the Educational and Secondary Education Act of 1965 (ESEA) among programs for which requirements may be waived under Ed-Flex. Revises State eligibility requirements for Ed-Flex. Requires States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under ESEA title I; and (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals. Authorizes the Secretary to carry out the Ed-Flex program for FY 1999 through 2003. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of a State educational agency (SEA) to issue waivers, to review the SEA's progress to determine if it has: (1) established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, subject matter knowledge and pedagogical skill to provide effective instruction in appropriate content areas; and (2) decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.

Education Flexibility Amendments of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cocopah Lands Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The reservation of the Cocopah Indian Tribe of Arizona is located in Yuma County, Arizona. (2) That reservation was created by an Executive order signed by President Woodrow Wilson in 1917. (3) That reservation is made up of 3 noncontiguous tracts of land. (4) The Tribe inhabits all 3 parts of the reservation. (5) The Tribe purchased the additional lands to provide infrastructure to housing areas, water, and economic development to tribal members. (6) The current trust land base of the reservation is insufficient to provide such needs. (7) The Tribe acquired 7 parcels of land contiguous to its present reservation lands in 1986, 1993, 1997, and 2005, and these parcels are currently classified as ``Indian Lands'' under Federal law. (8) The acquired parcels shall not be taken into trust for gaming purposes. (9) The best means of solving the Tribe's land and economic needs to its tribal members is to require the Secretary to take lands in Yuma County, Arizona, that are acquired by the Tribe into trust for the Tribe subject to the provisions of this Act. SEC. 3. DEFINITIONS. For the purpose of this Act, the following definitions apply: (1) Tribe.--The term ``Tribe'' means the Cocopah Indian Tribe of Arizona. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LANDS TO BE TAKEN INTO TRUST. (a) Lands to Be Taken Into Trust.--If the Tribe transfers title to the land described in subsection (b) to the Secretary, the Secretary shall take that land into trust for the benefit of the Tribe, if at the time of such transfer there are no adverse legal claims to such land, including outstanding liens, mortgages, or taxes owed. (b) Land Described.--The land referred to in subsection (a) is described as follows: (1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\1/ 4\, of the NW\1/4\, of Sec. 1, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, except that portion of the SW\1/4\, of the NW\1/4\, of said Sec. 1, T. 10 S., R. 25 W., lying southeasterly of the north right-of-way line of the Bureau of Reclamation levee. (2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\1/ 4\, of the NE\1/4\, of Sec. 2, T. 10 S., R. 25 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (3) Parcel 3 (mcdaniel purchase 1993).--That part of the E\1/2\, of the SE\1/4\, lying south of the East Main Bureau of Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona. (4) Parcel 4 (holland purchase 1997).--That portion of the NW\1/4\, of the NE\1/4\, of Sec. 31, T. 16 S., R 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal; except the north 220 feet. (5) Parcel 5 (holland purchase 1997).--An easement over the easterly 15 feet of the north 220 feet of that portion of the NW\1/4\, of the NE\1/4\, of Sec. 31, T. 16 S., R. 22 E., of the San Bernardino Base and Meridian, Yuma County, Arizona, lying north of the levee and Salinity Canal for irrigation purposes. (6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25, Sec. 29, and lots 16 and 17 and the N\1/2\, of the SW\1/4\, of the SE\1/4\, of Sec. 30, T. 16 S., R. 22 E., of the San Bernardino Meridian, Yuma County, Arizona, according to the dependent resurvey of the Bureau of Land Management, accepted December 9, 1960. (7) Parcel 7 (speed way purchase 2005).--That portion of the W\1/2\ of the SE\1/4\ of Sec. 30, T. 9 S., R. 21 W., of the Gila and Salt River Base and Meridian, Yuma County, Arizona, lying South and East of the East Main Canal; except the south 33 feet thereof; except one-third interest in and to all mineral rights, as reserved in the deed recorded in Docket 1461, page 600, records of Yuma County, Arizona. (c) Lands to Be Made Part of the Reservation.--Land taken into trust pursuant to subsection (a) shall be considered to be part of the Tribe's initial reservation. (d) Service Area.--For the purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be Yuma County, Arizona. (e) Gaming Prohibited.--Land taken into trust for the benefit of the Tribe under this Act shall not be used for gaming under the Indian Gaming Regulatory Act. SEC. 5. REGULATIONS. The Secretary may promulgate such regulations as may be necessary to carry out this Act.

Cocopah Lands Act - Provides that if the Cocopah Indian Tribe of Arizona transfers title to certain described land to the Secretary of the Interior, the Secretary shall take it into trust for the benefit of the Tribe, if there are no adverse legal claims to it, including outstanding liens, mortgages, or taxes owed. Considers such land to be part of the Tribe's initial reservation. Prohibits its use for gaming under the Indian Gaming Regulatory Act.

To direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Indian Tribe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Self-Reliance for the World's Poorest Act of 2002''. SEC. 2. REAUTHORIZATION OF MICROENTERPRISE ASSISTANCE PROGRAMS. (a) Micro- and Small Enterprise Development Credits.--Section 108(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f(f)(1)) is amended by inserting ``and $2,000,000 for each of the fiscal years 2003 through 2006'' after ``$1,500,000 for each of fiscal years 2001 and 2002''. (b) Microenterprise Development Grant Assistance.--Section 131(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(d)) is amended by inserting ``and $200,000,000 for each of the fiscal years 2003 through 2006'' after ``$155,000,000 for each of the fiscal years 2001 and 2002''. SEC. 3. POVERTY MEASUREMENT METHODS UNDER MICROENTERPRISE ASSISTANCE PROGRAMS. (a) In General.--Section 131(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(b)) is amended-- (1) in paragraph (3)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``targeted to very poor entrepreneurs'' in the first sentence and inserting ``obligated and expended in support of programs or services under which 50 percent or more of the clients are initially very poor''; and (ii) by adding at the end of the first sentence before the period the following: ``or as those living on the equivalent of less than $1 per day (as determined by the World Bank)''; and (B) in subparagraph (A)(i), by striking ``entrepreneurs'' and inserting ``clients''; and (2) by adding at the end the following: ``(6) Poverty measurement methods.--(A) The Administrator of the United States Agency for International Development shall, in consultation with appropriate microfinance and microenterprise institutions, develop methods to measure the level of poverty of clients of sustainable poverty-focused microenterpise programs under paragraph (1). ``(B) In developing poverty measurement methods under subparagraph (A), the Administrator shall-- ``(i) utilize cost-efficient sampling methods as opposed to full census methods, using criteria that correlate with characteristics of either those individuals living in the bottom 50 percent below the official poverty line (as established by the national government of the country) or those individuals living on less than $1 per day (as determined by the World Bank), including criteria such as the availability of the basic necessities of life (including nutritious food, climate-appropriate clothing and shelter, and clean water); ``(ii) utilize cost-efficient sampling methods that are appropriate for application by microfinance and microenterprise institutions on an annual basis; and ``(iii) give priority to methods already in use by practitioner institutions that meet the criteria in clauses (i) and (ii), including measures of loan size. ``(C) The Administrator-- ``(i) shall implement interim poverty measurement methods in accordance with this paragraph-- ``(I) with respect to not less than 25 sustainable poverty-focused programs by September 30, 2002; and ``(II) with respect to not less than 40 sustainable poverty-focused programs by September 30, 2003; and ``(ii) shall implement final poverty measurement methods in accordance with this paragraph not later than September 30, 2004. ``(D) In carrying out subparagraph (C)(i), the Administrator shall ensure that the programs described in such subparagraph are equitably distributed among the various countries and regions of the world. ``(E) As of October 1, 2004, grant assistance to a program or service under this subsection shall qualify in whole or in part as targeted assistance to the very poor under paragraph (3) if one of the approved final measurement methods verifies that at least 50 percent of the clients of the program or service are among the very poor as described in paragraph (3).''. (b) Report.--Not later than July 1, 2004, the Administrator of the United States Agency for International Development shall submit to Congress a report that contains-- (1)(A) a description of the interim poverty measurement methods implemented in accordance with section 131(b)(6)(C)(i) of the Foreign Assistance Act of 1961, as added by subsection (a); and (B) an analysis of the results of the application of such poverty measurement methods to sustainable poverty-focused programs under such section; and (2) a description of the proposed final poverty measurement methods to be implemented not later than September 30, 2004, in accordance with section 131(b)(6)(C)(ii) of such Act.

Promoting Self-Reliance for the World's Poorest Act of 2002 - Amends the Foreign Assistance Act of 1961 to reauthorize sustainable poverty-focused microenterprise assistance programs through micro- and small enterprise development credits and microenterprise development grants for developing countries.Revises certain requirements with respect to such programs to require 50 percent of all microenterprise resources to be obligated and expended in support of programs or services under which 50 percent or more of the clients are initially very poor, that is, those persons living in the bottom 50 percent below the poverty line or those living on the equivalent of less than $1 per day. Requires the Administrator of the United States Agency for International Development (AID) to develop and implement certain interim methods to measure the level of poverty of clients of sustainable poverty-focused microenterprise programs under the Act.

To amend the Foreign Assistance Act of 1961 to reauthorize microenterprise assistance programs under that Act and to expand sustainable poverty-focused microenterprise programs under that Act by implementing improved poverty measurement methods under those programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Aid Streamlined Disclosure Act of 2003''. SEC. 2. DISCLOSURE OF TAX RETURN INFORMATION FOR STUDENT AID PURPOSES. (a) In General.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 (relating to disclosure of returns and return information for purposes other than tax administration) is amended to read as follows: ``(13) Disclosure of return information for student financial assistance purposes.-- ``(A) Full disclosure to department of education.-- The Secretary may, with respect to a person described in subparagraph (F)(i) and upon written request from the Secretary of Education, disclose to the officers and employees of the Department of Education for the purposes described in subparagraph (E)-- ``(i) taxpayer identity information, and ``(ii) the following items in the case of a material discrepancy between the information reported, directly or indirectly, to officers, employees, and contractors of the Department of Education and the following items: ``(I) The filing status of that taxpayer. ``(II) The adjusted gross income of that taxpayer. ``(III) The total earnings from employment (including net earnings from self-employment) of that taxpayer. ``(IV) The Federal income tax liability of that taxpayer. ``(V) The type of tax return filed by that taxpayer. ``(B) Redisclosure to contractors.--Officers and employees of the Department of Education may disclose to contractors whether a material discrepancy between items reported, directly or indirectly, to an officer, employee, or contractor of the Department of Education and any of the items described in subparagraph (A)(ii) would result in an over or under award of grants or loans under title IV of the Higher Education Act of 1965. ``(C) Fact of discrepancy redisclosure of information.-- ``(i) In general.--Subject to subparagraphs (D) and (E), officers, employees, and contractors of the Department of Education may, with respect to an application for assistance under title IV of the Higher Education Act of 1965, disclose to persons described in clauses (ii) and (iii)-- ``(I) the fact of a material discrepancy between items reported, directly or indirectly, to such officers, employees, or contractors and any of the items described in subparagraph (A)(ii), and ``(II) whether such items as shown on the return are greater than or less than such items as reported to the Department of Education. ``(ii) Applicant.--The person described in this clause is the applicant described in subclause (I) or (II) of subparagraph (F)(i). ``(iii) Other persons.--The persons described in this clause are-- ``(I) individuals whose information is discrepant, ``(II) officers and employees of institutions of higher education (as defined in section 102 of the Higher Education Act of 1965) that administer, or assist the Secretary of Education in administering, a grant, loan, benefit, or work assistance program under title IV of such Act, ``(III) officers and employees of State agencies that administer a grant or work assistance program under subpart 4 of part A of title IV of such Act, and ``(IV) auditors engaged to perform audits or reviews required under section 487(c) of such Act, ``(D) Limitation on full redisclosures relating to material discrepancies.--Information specific to an individual which is disclosed by the Secretary under subparagraph (A) may only be redisclosed to the individual whose information is discrepant and to the Department of Justice for purposes relating to the collection of overpayments of grants or loans provided under title IV of the Higher Education Act of 1965, including by means of litigation. ``(E) Restriction on use of disclosed information.-- ``(i) In general.--Information may be disclosed under subparagraphs (A) through (C) only for the purpose of, and to the extent necessary to-- ``(I) verify the information reported by a person described in subparagraph (F)(i) in connection with any application for grant, loan, benefit or work assistance under title IV of the Higher Education Act of 1965, ``(II) determine income contingent repayment amounts and schedules on an applicable student loan, ``(III) collect overpayments of grants or loans provided under title IV of such Act, including by means of litigation in the case of the Department of Justice, or ``(IV) audit title IV student assistance programs, as required under section 487(c) of such Act. ``(ii) Information limited to tax years required.--Information disclosed under this paragraph shall be limited to the tax years required, in accordance with such Act and implementing regulations, to carry out the purposes described in this paragraph. ``(F) Definitions and special rules.--For purposes of this paragraph-- ``(i) Person described.--A person is described in this clause if the person-- ``(I) has applied for grant, loan, benefit, or work assistance under title IV of the Higher Education Act of 1965, ``(II) is seeking income contingent repayment on an applicable student loan, ``(III) in the case of an individual who is a dependent student and who has applied for the assistance described in subclauses (I) and (II), is the parent (as defined for purposes of title IV of such Act) of such individual, or ``(IV) in the case of an individual who is an independent student and who has applied for the assistance described in subclauses (I) and (II), is the spouse of such individual. ``(ii) Material discrepancy.--The term `material discrepancy' means, with respect to similar items in 2 sets of information-- ``(I) a difference between such sets of not less than the greater of $100 or one percent of the item shown on the return in the case of items described in subclause (II), (III), or (IV) of subparagraph (A)(ii), and ``(II) any difference between such sets of information in the case of items described in subclause (I) or (V) of subparagraph (A)(ii). ``(iii) Applicable student loan.--The term `applicable student loan' means-- ``(I) any loan made under the program authorized under part D of title IV of such Act, and ``(II) any loan made under part B or E of title IV of such Act that is in default and has been assigned to the Department of Education. ``(iv) Exclusive authority.--For purposes of subsection (a), subsection (c) shall not be construed to be an authorization for any disclosure covered by this paragraph. ``(v) Funding.--Information may be disclosed under this paragraph only if there is in effect an agreement between the Secretary and the Secretary of Education under which the Secretary of Education makes periodic payments to the Secretary-- ``(I) to reimburse the Secretary for costs incurred in carrying out this paragraph, and ``(II) to cover the cost to the Secretary of monitoring compliance with this section by the Secretary of Education in carrying out this paragraph. ``(vi) References to higher education act of 1965.--For purposes of this paragraph, references to the Higher Education Act of 1965 shall be treated as references to the Higher Education Act of 1965 as in effect on the date of the enactment of this paragraph. ``(G) Termination.--This paragraph shall not apply to requests for disclosures made after September 30, 2008.''. (b) Conforming and Other Amendments.-- (1) Section 6103(a)(3) of such Code is amended by striking ``paragraph (6), (12), or (16) of subsection (l),'' and inserting ``paragraph (6), (12), (13), or (16) of subsection (l),''. (2) Section 6103(p) of such Code is amended-- (A) in paragraph (3)(A) by striking ``(13)''; and (B) in paragraph (4) by striking ``paragraph (6)(A), (12)(B), or (16) of subsection (l)'' in the flush language at the end and inserting ``paragraph (6)(A), (12)(B), (13), or (16) of subsection (l)''. (3) Section 7213(a)(2) of such Code is amended by inserting ``(13),'' after ``(12),''. (c) Effective Date.--The amendments made by this section shall apply to requests for disclosures made after the date of the enactment of this Act.

Student Aid Streamlined Disclosure Act of 2003 - Amends the Internal Revenue Code to authorize, through September 30, 2008, the disclosure of certain tax return information to the Department of Education with respect to students seeking federal student aid.

To amend the Internal Revenue Code of 1986 to provide for the disclosure of return information for student financial assistance purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Enforcement Review Commission Act''. SEC. 2. CREATION OF IMMIGRATION ENFORCEMENT REVIEW COMMISSION. There is established the Immigration Enforcement Review Commission (hereinafter referred to as the ``Review Commission''). The Review Commission shall be comprised of a Board of Commissioners, an Investigations Office, and a Community Outreach Office. In the execution of its duties, the Review Commission shall comply with the requirements established in this Act. The Immigration and Naturalization Service and the Customs Service (hereinafter referred to as ``the Services'') shall cooperate fully with the Review Commission and its employees in carrying out the duties of the Review Commission under this Act, and shall provide to the Commission such records as the Commission considers appropriate. SEC. 3. DUTIES OF REVIEW COMMISSION. The Review Commission shall be responsible for investigating complaints of civil rights abuses against the Services, employees of the Services, their divisions, or any facilities where detainees are held in Service custody. Based upon its findings, the Review Commission shall make recommendations to the Services to discipline Service employees responsible for committing abuses. The Review Commission shall also make policy recommendations to the Services as appropriate. SEC. 4. REVIEW COMMISSION. (a) Composition of the Board of Commissioners.--The Board of Commissioners (hereinafter referred to as the ``Board'') shall be composed of 7 members who shall be appointed by the President by and with the advice and consent of the Senate. The President shall designate one member to serve as Director of the Board of Commissioners. Not more than 4 members may be of the same political party. The members of the Board shall be full-time employees. (b) Appointments and Terms of Office.-- (1) Except as provided in paragraph (2), the term of each Commissioner shall be 6 years. (2) Of the members first appointed, 4 shall be appointed to terms of 3 years. Not more than 2 members appointed under this paragraph may be of the same political party. (3) A member appointed to fill a vacancy occurring before the expiration of the term for which that member's predecessor was appointed shall be appointed only for the remainder of that term. (4) No person shall serve as a member of the Board for more than 2 terms. (c) Compensation.--Each member of the Board shall receive compensation at the annual rate of basic pay in effect for level V of the Executive Schedule. (d) Eligibility.--A member of the Board may not have been employed by the Services within the period beginning 5 years before appointment, or employed by any law enforcement agency within the period beginning 1 year before appointment. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Investigations Office.--The Review Commission shall employ such investigative personnel as the Board considers advisable, in accordance with the civil service and classification laws. Investigators shall be charged with the responsibility of investigating all complaints brought to the Review Commission's attention. (b) Community Outreach Office.--The Board shall appoint a Director of Community Outreach. The Director of Community Outreach shall establish local community task forces to improve the working relationship between the Services and local community groups and organizations. (c) Review Commission Facilities.--The Review Commission shall establish a headquarters and 3 regional offices. The Review Commission may not maintain offices in a facility under the control or operation of the Services, or any facility in which either of the Services occupies space. (d) Personnel Limitation.--An employee of the Review Commission may not have been employed by the Services within the period beginning 5 years before appointment or employed by any law enforcement agency within the period beginning 1 year before appointment. (e) Regulations.--The Review Commission is authorized to promulgate such rules and regulations as may be necessary to carry out this Act including procedures for the filing, investigation, and resolution of complaints. SEC. 6. OPERATIONS OF REVIEW COMMISSION. (a) Complaint Forms.-- (1) Complaint forms shall be made available at all Service facilities and shall be available upon request from the Review Commission. (2) The complaint forms shall be written in languages reflecting the languages of the immigrant population. (b) Filing of Complaints.-- (1) Complaints may be filed in person, by mail, by telephone, by facsimile, or by any other reasonable means. Complaints may be filed by any person, including anonymously, and may be filed on behalf of third parties. Complaints need not be filed on the official complaint forms. (2) The Review Commission shall establish and operate a multilingual, 24-hour, toll-free hotline to receive complaints. (3) Whenever possible, upon receipt of a complaint, the Review Commission shall provide to the complainant information which describes the review procedures of the Review Commission. Such information shall be available in languages reflecting the languages of the immigrant population. (c) Public Outreach.-- (1) The Review Commission shall educate members of the public about its functions and shall receive and actively seek out suggestions from the public to improve the functioning of the Review Commission. (2) The Review Commission shall develop outreach materials, which shall include, a description of the Review Commission, its duties, and complaint procedures. Such materials shall be made available to the public in languages reflecting the languages of the immigrant population. (3) The Review Commission shall oversee the display and dissemination of outreach materials at all Service facilities. (d) Service Employees' Duty To Inform Commission.-- (1) When a complaint of agent misconduct is brought to the attention of any Service employee, the employee shall promptly inform the complainant of proper procedures for filing a complaint. (2) A Service employee who witnesses or otherwise obtains actual knowledge of the use of force, that is unreasonable in light of the facts and circumstances and involves another Service employee, shall report such incident to the Review Commission within 24 hours of the acquisition of knowledge of such incident. (3) The Review Commission may promulgate regulations requiring Service employees to report to the Commission other violations of the Services' operating procedures. (e) Investigation of Complaints.--Each complaint shall be investigated by an investigator who shall complete and submit a written report to the Board of Commissioners within 60 days of the assignment, unless the Board authorizes an extension. The Services shall grant investigators access to information, documents, or other items relevant to the matter under investigation. The Board may issue subpoenas. Service employees shall cooperate fully with Review Commission investigations, subject to the protections afforded by the Constitution. Service employees shall be advised of their constitutional rights and the procedural rights afforded under this Act. (f) Disposition of Complaints.-- (1) When the Board receives a written report on a complaint from an investigator, the Board shall designate a panel of 3 of its members (hereinafter referred to as the ``Panel'') to review the report. (2) The Panel shall conduct hearings on the complaint if-- (A) the alleged abuse is of a serious nature, as defined by the regulations prescribed under authority of this Act; or (B) the Panel, by majority vote, decides to hold a hearing. (3) The Panel shall issue a written finding on the complaint based on the report alone or on the report and a hearing, if one is held. (4) The Panel shall forward its finding to both the complainant and the Service employee. The complainant and the Service employee shall have 30 days in which to review the Panel's official finding. During the 30-day period, either the complainant or the Service employee may take one of the following actions: (A) If no hearing was held, request that the Panel conduct a hearing. A hearing shall be held if one member of the Panel votes to hold a hearing. (B) Regardless of whether a hearing was held, request an en banc review of the Panel's decision. An en banc review will be granted if a majority of the Board votes to conduct such review. (5) If neither party makes a request pursuant to subparagraphs (A) or (B) of paragraph (4), or if such a request is denied, then the Board, promptly, shall report its finding to the appropriate Service. (6) All findings made by the Board of Commissioners sitting en banc shall be reported directly to the appropriate Service with copies to the complainant and the Service employee. (g) Hearings.-- (1) Both the complainant and the subject Service employee shall have the right to be represented by counsel or other representative at Board hearings, to present witnesses, and to cross-examine witnesses. (2) Any finding of a violation on the part of a Service employee by the Board must be established by a preponderance of the evidence. (3)(A) Except as provided in subparagraph (B), hearings shall be open to the public and transcripts of hearings shall be available to the public. (B) For good cause the Board of Commissioners may close to the public all or any part of a hearing and may seal all or any part of the transcript of a hearing. (4) Unless mandated by unusual circumstances, a hearing shall be conducted in one location within the United States that is generally convenient to the complainant and any potential witnesses. (h) Disciplinary Recommendations.-- (1) When a finding of a violation may constitute a criminal offense, the Board of Commissioners shall inform the appropriate Federal or State authorities so that appropriate prosecutorial action may be considered. Prosecutorial action shall not relieve the Board of its duties under this Act. (2) When a complaint has been substantiated, the Board shall recommend disciplinary action against the subject Service employee. The Board's recommendations shall be based on a schedule of sanctions determined by the Commission. If the Services do not adopt the recommendations of the Board, they shall provide a written explanation of the grounds for refusal to do so within 30 days of the Board's recommendation. The Commission's recommendations and the Service's explanation shall be made public. (3) Nothing in this Act shall affect the Services' authority to discipline their employees. (i) Early Warning Program.--The Review Commission shall conduct a periodic review of all complaints in order to determine whether particular Service employees have been the subject of repeated complaints or have otherwise demonstrated they may be having difficulty dealing appropriately with members of the public. The results of this review shall be presented to the Services. The Review Commission shall make recommendations to the Services with respect to so identified Service employees including, but not limited to, recommendations of training or counseling. (j) Records of Complaints and Statistical Summaries.--The Review Commission shall maintain records of complaints, including a summary of reports made pursuant to the Early Warning Program under subsection (i). The Review Commission shall compile and publish, at least annually, a statistical summary of all complaints received and the dispositions of such complaints. SEC. 7. RETALIATION. (a) Retaliation Prohibited.--Retaliation is prohibited and shall constitute the basis for a complaint to the Commission. (b) Definition.--For the purposes of this Act, the term ``retaliation'' means any action or threat of action against a person, including a Service employee, because such person filed a complaint, testified, assisted, or participated in any manner in an investigation or hearing related to the complaint procedures established by this Act. SEC. 8. LIMITATION ON USE OF TESTIMONY. No testimony or other information gathered as part of a complaint, investigation, or hearing under this Act may be used in any proceeding under the Immigration and Nationality Act. SEC. 9. FUNDING. Funds authorized to be appropriated for the Offices of Inspector General of the Department of Justice and the Department of the Treasury are authorized to be available to carry out this Act.

Immigration Enforcement Review Commission Act - Establishes the Immigration Enforcement Review Commission, composed of a Board of Commissioners, an Investigations Office, and a Community Outreach Office. States that the Commission shall: (1) investigate civil rights abuse complaints against the Immigration and Naturalization Service and the Customs Service or their employees; and (2) make policy recommendations as appropriate.

Immigration Enforcement Review Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Government Ethics Authorization Act of 1996''. SEC. 2. GIFT ACCEPTANCE AUTHORITY. Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App. 5) is amended-- (1) by inserting ``(a)'' before ``Upon the request''; and (2) by adding at the end the following: ``(b)(1) The Director is authorized to accept and utilize on behalf of the United States, any gift, donation, bequest, or devise of money, use of facilities, personal property, or services for the purpose of aiding or facilitating the work of the Office of Government Ethics. ``(2) No gift may be accepted-- ``(A) that attaches conditions inconsistent with applicable laws or regulations; or ``(B) that is conditioned upon or will require the expenditure of appropriated funds that are not available to the Office of Government Ethics. ``(3) The Director shall establish written rules setting forth the criteria to be used in determining whether the acceptance of contributions of money, services, use of facilities, or personal property under this subsection would reflect unfavorably upon the ability of the Office of Government Ethics, or any employee of such Office, to carry out its responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs.''. SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS. The text of section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App. 5) is amended to read as follows: ``There are authorized to be appropriated to carry out this title such sums as may be necessary for each of fiscal years 1997 through 1999.''. SEC. 4. REPEAL AND CONFORMING AMENDMENTS. (a) Repeal of Display Requirement.--The Act entitled ``An Act to provide for the display of the Code of Ethics for Government Service,'' approved July 3, 1980 (5 U.S.C. 7301 note), is repealed. (b) Conforming Amendments.-- (1) FDIA.--Section 12(f)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1822(f)(3)) is amended by striking ``, with the concurrence of the Office of Government Ethics,''. (2) Ethics in government act of 1978.--(A) The heading for section 401 of the Ethics in Government Act of 1978 is amended to read as follows: ``ESTABLISHMENT; APPOINTMENT OF DIRECTOR''. (B) Section 408 of such Act is amended by striking ``March 31'' and inserting ``April 30''. SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS. Section 207(j) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(7) Political parties and campaign committees.--(A) Except as provided in subparagraph (B), the restrictions contained in subsections (c), (d), and (e) shall not apply to a communication or appearance made solely on behalf of a candidate in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party. ``(B) Subparagraph (A) shall not apply to-- ``(i) any communication to, or appearance before, the Federal Election Commission by a former officer or employee of the Federal Election Commission; or ``(ii) a communication or appearance made by a person who is subject to the restrictions contained in subsections (c), (d), or (e) if, at the time of the communication or appearance, the person is employed by a person or entity other than-- ``(I) a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party; or ``(II) a person or entity who represents, aids, or advises only persons or entities described in subclause (I). ``(C) For purposes of this paragraph-- ``(i) the term `candidate' means any person who seeks nomination for election, or election, to Federal or State office or who has authorized others to explore on his or her behalf the possibility of seeking nomination for election, or election, to Federal or State office; ``(ii) the term `authorized committee' means any political committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such candidate, or to explore the possibility of seeking nomination for election, or the election, of such candidate, except that a political committee that receives contributions or makes expenditures to promote more than 1 candidate may not be designated as an authorized committee for purposes of subparagraph (A); ``(iii) the term `national committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level; ``(iv) the term `national Federal campaign committee' means an organization that, by virtue of the bylaws of a political party, is established primarily for the purpose of providing assistance, at the national level, to candidates nominated by that party for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; ``(v) the term `State committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level; ``(vi) the term `political party' means an association, committee, or organization that nominates a candidate for election to any Federal or State elected office whose name appears on the election ballot as the candidate of such association, committee, or organization; and ``(vii) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.''. SEC. 6. PAY LEVEL. Section 207(c)(2)(A)(ii) of title 18, United States Code, is amended by striking ``level V of the Executive Schedule,'' and inserting ``level 5 of the Senior Executive Service,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Office of Government Ethics Authorization Act of 1996 - Amends the Ethics in Government Act of 1978 to: (1) authorize the Office of Government Ethics (OGE) Director to accept gifts for OGE use; and (2) extend the authorization of appropriations for the OGE. Amends Federal law to repeal the requirement that Federal buildings display the Code of Ethics for Government Service. Modifies postemployment restrictions on certain senior (including very senior) personnel. Modifies the level of pay applicable with respect to certain senior personnel of the executive branch and independent agencies.

Office of Government Ethics Authorization Act of 1996

SECTION 1. GRANULATED POLYTETRAFLUOROETHYLENE RESIN FROM ITALY. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate the entries listed in subsection (d) in accordance with the U.S. Department of Commerce Final Results of Antidumping Administrative Review (60 Fed. Reg. 53,737 (October 17, 1995)) and the corresponding internal liquidation instructions issued on July 7, 2000. (b) Request.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefore is filed with the Bureau of Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry described in subsection (d) (including interest from the date of entry) shall be refunded not later than 90 days after the date of such liquidation or reliquidation. (d) Entry.--The entries referred to in subsection (a) are as follows: Entry number Entry date Liquidation Date 002-0504959-6....... 07/14/92............ 12/01/00 237-0049216-0....... 08/04/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0504945-5....... 07/27/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 002-0505036-2....... 08/10/92............ 12/01/00 237-0049310-1....... 08/24/92............ 12/01/00 237-0049310-1....... 08/24/92............ 12/01/00 237-0049310-1....... 08/24/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 002-0505223-6....... 09/14/92............ 12/01/00 237-0049661-7....... 10/12/92............ 11/06/98 237-0049661-7....... 10/12/92............ 11/06/98 237-0049661-7....... 10/12/92............ 11/06/98 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505350-7....... 10/19/92............ 12/01/00 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505652-6....... 12/16/92............ 06/18/93 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505810-0....... 01/18/93............ 05/24/96 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0505997-5....... 02/23/93............ 09/10/93 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506261-5....... 03/30/93............ 05/24/96 002-0506337-3....... 04/23/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506366-2....... 04/27/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0506538-6....... 05/25/93............ 05/24/96 002-0505117-0....... 08/31/92............ 12/01/00 002-0505117-0....... 08/31/92............ 12/01/00 002-0505117-0....... 08/31/92............ 12/01/00 002-0505156-8....... 09/03/92............ 12/01/00 002-0505156-8....... 09/03/92............ 12/01/00 002-0505221-0....... 09/14/92............ 12/01/00 002-0505222-8....... 09/14/92............ 12/01/00 002-0505217-8....... 09/21/92............ 12/01/00 002-0505217-8....... 09/21/92............ 12/01/00 002-0505270-7....... 09/28/92............ 12/01/00 002-0505270-7....... 09/28/92............ 12/01/00 002-0505270-7....... 09/28/92............ 12/01/00 002-0505328-3....... 10/14/92............ 12/01/00 002-0505328-3....... 10/14/92............ 12/01/00 002-0505328-3....... 10/14/92............ 12/01/00 002-0505364-8....... 10/19/92............ 12/01/00 002-0505364-8....... 10/19/92............ 12/01/00 002-0505654-2....... 12/22/92............ 12/01/00 002-0505653-4....... 12/21/92............ 12/01/00 002-0505653-4....... 12/21/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505651-8....... 12/24/92............ 12/01/00 002-0505811-8....... 01/11/93............ 05/24/96 002-0505811-8....... 01/11/93............ 05/24/96 002-0505809-2....... 01/13/93............ 05/24/96 002-0505809-2....... 01/13/93............ 05/24/96 002-0505877-9....... 01/25/93............ 05/24/96 002-0505877-9....... 01/25/93............ 05/24/96 002-0505878-7....... 01/25/93............ 05/24/96 002-0506061-9....... 02/15/93............ 05/24/96 002-0506061-9....... 02/15/93............ 05/24/96 002-0505998-3....... 02/23/93............ 05/24/96 002-0505998-3....... 02/23/93............ 05/24/96 002-0506181-5....... 03/09/93............ 05/24/96 002-0506181-5....... 03/09/93............ 05/24/96 002-0506136-9....... 03/19/93............ 05/24/96 002-0506202-9....... 03/19/93............ 05/24/96 002-0506202-9....... 03/19/93............ 05/24/96 002-0506221-9....... 03/29/93............ 05/24/96 002-0506221-9....... 03/29/93............ 05/24/96 002-0506221-9....... 03/29/93............ 05/24/96 002-0506221-9....... 03/29/93............ 05/24/96 002-0506269-8....... 04/02/93............ 05/24/96 002-0506302-7....... 04/13/93............ 05/24/96 002-0506365-4....... 04/13/93............ 05/24/96 002-0506365-4....... 04/13/93............ 05/24/96 002-0506364-7....... 04/28/93............ 05/24/96 002-0506340-7....... 04/20/93............ 05/24/96 002-0506340-7....... 04/20/93............ 05/24/96 002-0506396-9....... 05/04/93............ 05/24/96 002-0506455-3....... 05/10/93............ 05/24/96 002-0506455-3....... 05/10/93............ 05/24/96 002-0506524-6....... 05/17/93............ 05/24/96 002-0506539-4....... 05/25/93............ 05/24/96 002-0506539-4....... 05/25/93............ 05/24/96 002-0506584-0....... 06/07/93............ 05/24/96 002-0506584-0....... 06/07/93............ 05/24/96

Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries of Granulated polytetrafluoroethylene resin from Italy.

A bill to provide for the liquidation or reliquidation of certain entries of Granulated polytetrafluoroethylene resin from Italy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Education Tax Incentive for Businesses Act of 2007''. SEC. 2. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45O. CONTRIBUTIONS BENEFITING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. ``(a) In General.--For purposes of section 38, the elementary and secondary science, technology, engineering, and mathematics (STEM) contributions credit determined under this section for the taxable year is an amount equal to 100 percent of the qualified STEM contributions of the taxpayer for such taxable year. ``(b) Qualified STEM Contributions.--For purposes of this section, the term `qualified STEM contributions' means-- ``(1) STEM school contributions, ``(2) STEM teacher externship expenses, and ``(3) STEM teacher training expenses. ``(c) STEM School Contributions.--For purposes of this section-- ``(1) In general.--The term `STEM school contributions' means-- ``(A) STEM property contributions, and ``(B) STEM service contributions. ``(2) STEM property contributions.--The term `STEM property contributions' means the amount which would (but for subsection (f)) be allowed as a deduction under section 170 for a charitable contribution of STEM inventory property if-- ``(A) the donee is an elementary or secondary school described in section 170(b)(1)(A)(ii), ``(B) substantially all of the use of the property by the donee is within the United States or within the defense dependents' education system for educational purposes in any of the grades K-12 that are related to the purpose or function of the donee, ``(C) the original use of the property begins with the donee, ``(D) the property will fit productively into the donee's education plan, ``(E) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, and ``(F) the donee's use and disposition of the property will be in accordance with the provisions of subparagraphs (B) and (E). The determination of the amount of deduction under section 170 for purposes of this paragraph shall be made as if the limitation under section 170(e)(3)(B) applied to all STEM inventory property. ``(3) STEM service contributions.--The term `STEM service contributions' means the amount paid or incurred during the taxable year for STEM services provided in the United States or in the defense dependents' education system for the exclusive benefit of students at an elementary or secondary school described in section 170(b)(1)(A)(ii) but only if-- ``(A) the taxpayer is engaged in the trade or business of providing such services on a commercial basis, and ``(B) no charge is imposed for providing such services. ``(4) STEM inventory property.--The term `STEM inventory property' means, with respect to any contribution to a school, any property-- ``(A) which is described in paragraph (1) or (2) of section 1221(a) with respect to the donor, and ``(B) which is determined by the school to be needed by the school in providing education in grades K-12 in the areas of science, technology, engineering, or mathematics. ``(5) STEM services.--The term `STEM services' means, with respect to any contribution to a school, any service determined by the school to be needed by the school in providing education in grades K-12 in the areas of science, technology, engineering, or mathematics, including teaching courses of instruction at such school in any such area. ``(6) Defense dependents' education system.--For purposes of this subsection, the term `defense dependents' education system' means the program established and operated under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.). ``(d) STEM Teacher Externship Expenses.--For purposes of this section-- ``(1) In general.--The term `STEM teacher externship expenses' means any amount paid or incurred to carry out a STEM externship program of the taxpayer but only to the extent that such amount is attributable to the participation in such program of any eligible STEM teacher, including amounts paid to such a teacher as a stipend while participating in such program. ``(2) STEM externship program.--The term `STEM externship program' means any program-- ``(A) established by a taxpayer engaged in a trade or business within an area of science, technology, engineering, or mathematics, and ``(B) under which eligible STEM teachers receive training to enhance their teaching skills in the areas of science, technology, engineering, or mathematics or otherwise improve their knowledge in such areas. ``(3) Eligible stem teacher.--The term `eligible STEM teacher' means any individual-- ``(A) who is a teacher in grades K-12 at an educational organization described in section 170(b)(1)(A)(ii) which is located in the United States or which is located on a United States military base outside the United States, and ``(B) whose teaching responsibilities at such school include, or are likely to include, any course in the areas of science, technology, engineering, or mathematics. ``(e) STEM Teacher Training Expenses.--The term `STEM teacher training expenses' means any amount paid or incurred by a taxpayer engaged in a trade or business within an area of science, technology, engineering, or mathematics which is attributable to the participation of any eligible STEM teacher in a regular training program provided to employees of the taxpayer which is determined by such teacher's school as enhancing such teacher's teaching skills in the areas of science, technology, engineering, or mathematics. ``(f) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount allowed as a credit under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31), and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the elementary and secondary science, technology, engineering, and mathematics (STEM) contributions credit determined under section 45O.''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45O. Contributions benefiting science, technology, engineering, and mathematics education at the elementary and secondary school level.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

National Science Education Tax Incentive for Businesses Act of 2007 - Amends the Internal Revenue Code to allow a general business tax credit for contributions of property or services to elementary and secondary schools and for teacher training to promote instruction in science, technology, engineering, or mathematics (STEM contributions).

To amend the Internal Revenue Code of 1986 to encourage businesses to improve math and science education at elementary and secondary schools.

That this Act may be cited as the ``College Construction Loan Insurance Association Privatization Act of 1995''. findings and purposes Sec. 2. (a) Findings.--The Congress finds that-- (1) the College Construction Loan Insurance Association (hereinafter referred to as ``the Corporation'') was established by the Higher Education Amendments of 1986 (Public Law 99-498) in order to assist in financing the construction, reconstruction, renovation, acquisition, or purchase of postsecondary education facilities; (2) in order to attract initial investors and establish the Corporation as a viable corporate entity, the Secretary of Education was required by statute to purchase a minority equity interest in the Corporation; (3) it was the intent of Congress, in establishing the Corporation, that the Federal Government's ownership interest in the Corporation would eventually terminate through the sale of the stock of the Corporation owned by the Secretary of Education; (4) current statutory restrictions on the Corporation's business activities and organization impede the Corporation's efforts to operate effectively and to provide the services needed by educational institutions; and (5) eliminating all statutory restrictions on the Corporation's business activities, as well as other links between the Federal Government and the Corporation, would-- (A) eliminate a Federal presence where the operation of market forces would be more suitable and contribute toward reducing the scope of Government; (B) improve the ability of the Corporation to provide assistance in the financing of education facilities; and (C) return funds to the United States Treasury. (b) Purposes.--The purposes of this Act are to-- (1) terminate, in an orderly manner, the Corporation's financial and other connections to the United States Government; and (2) enable the Corporation to engage in any business or other activities for which corporations may be organized under the laws of any State of the United States or the District of Columbia. status of the corporation and corporate powers; obligations not federally guaranteed Sec. 3. (a) Status of the Corporation.--The Corporation shall not be an agency, instrumentality, or establishment of the United States Government and shall not be a ``Government corporation'' nor a ``Government controlled corporation'' as defined in section 103 of title 5, United States Code. No action under section 1491 of title 28, United States Code (commonly known as the Tucker Act) shall be allowable against the United States based on the actions of the Corporation. (b) Corporate Powers.--The Corporation shall be subject to the provisions of this Act, and, to the extent not inconsistent with this Act, to the District of Columbia Business Corporation Act (or the comparable law of another State, if applicable). The Corporation shall have the powers conferred upon a corporation by the District of Columbia Business Corporation Act (or such other applicable State law) as from time to time in effect in order to conduct its affairs as a private, for-profit corporation and to carry out its purposes and activities incidental thereto. The Corporation shall have the power to enter into contracts, to execute instruments, to incur liabilities, to provide products and services, and to do all things as are necessary or incidental to the proper management of its affairs and the efficient operation of a private, for-profit business. (c) No Federal Guarantee.-- (1) Obligations insured by the corporation.-- (A) No obligation that is insured, guaranteed, or otherwise backed by the Corporation shall be deemed to be an obligation that is guaranteed by the full faith and credit of the United States. (B) No obligation that is insured, guaranteed, or otherwise backed by the Corporation shall be deemed to be an obligation that is guaranteed by the Student Loan Marketing Association. (C) This paragraph shall not affect the determination of whether such obligation is guaranteed for purposes of Federal income taxes. (2) Securities offered by the corporation.--No debt or equity securities of the Corporation shall be deemed to be guaranteed by the full faith and credit of the United States. (d) Definition.--The term ``Corporation'' as used in this Act shall refer to the College Construction Loan Insurance Association as in existence as of the day before enactment of this Act, and to any successor corporation. related privatization requirements Sec. 4. (a) Notice Requirements.-- (1) During the six-year period following the date of enactment of this Act, the Corporation shall include, in each of the Corporation's contracts for the insurance, guarantee, or reinsurance of obligations, and in each document offering debt or equity securities of the Corporation a prominent statement providing notice that-- (A) such obligations or such securities, as the case may be, are not obligations of the United States, nor are they guaranteed in any way by the full faith and credit of the United States; and (B) the Corporation is not an instrumentality of the United States. (2) During the five-year period following the sale of stock pursuant to section 5(a), in addition to the notice requirements in paragraph (1), the Corporation shall include, in each of the contracts and documents referred to in such paragraph, a prominent statement providing notice that the United States is not an investor in the Corporation. (b) Corporate Charter.--The Corporation's charter shall be amended as necessary and without delay to conform to the requirements of this Act. (c) Corporate Name.--The name of the Corporation, or of any direct or indirect subsidiary thereof, may not contain the term ``College Construction Loan Insurance Association'', or any substantially similar variation thereof. (d) Transitional Requirements.-- (1) Requirements until stock sale.--Notwithstanding section 6, the requirements of sections 754 and 760 of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq., hereinafter referred to as ``the Act''), as in existence as of the day before enactment of this Act, shall continue to be effective until the day immediately following the date of closing of the purchase of the Secretary's stock (or the date of closing of the final purchase, in the case of multiple transactions) pursuant to section 5(a) of this Act. (2) Reports after stock sale.--The Corporation shall, not later than March 30 of the first full calendar year immediately following the sale pursuant to section 5(a), and each of the two succeeding years, submit to the Secretary of Education a report describing the Corporation's efforts to assist in the financing of education facilities projects, including projects for elementary, secondary, and postsecondary educational institution infrastructure, and detailing, on a project-by-project basis, the Corporation's business dealings with educational institutions that are rated by a nationally recognized statistical rating organization at or below the organization's third highest rating. sale of federally-owned stock Sec. 5. (a) Sale of Stock Required.--The Secretary of the Treasury shall, upon the request of the Secretary of Education, make every appropriate effort to sell, pursuant to section 324 of title 31 of the United States Code, the voting common stock of the Corporation owned by the Secretary of Education not later than one year after the date of enactment of this Act. (b) Purchase by the Corporation.--In the event that the Secretary of the Treasury is unable to sell the voting common stock, or any portion thereof, at a price acceptable to the Secretary of Education and the Secretary of the Treasury within the period specified in subsection (a), the Corporation shall purchase such stock at a price determined by the Secretary of the Treasury, in consultation with the Secretary of Education, based on the independent appraisal of one or more nationally recognized financial firms. Such firm or firms shall be selected by the Secretary of the Treasury in consultation with the Secretary of Education and the Corporation. (c) Reimbursement of Costs of Sale.--The Secretary of the Treasury shall be reimbursed from the proceeds of the sale of the stock under this section for all reasonable costs related to such sale, including all reasonable expenses relating to one or more independent appraisals under this section. (d) Assistance by the Corporation.--The Corporation shall provide such assistance as the Secretary of the Treasury and the Secretary of Education may require to facilitate the sale of the stock under this section. repeal of statutory restrictions and related provisions Sec. 6. Part D of Title VII of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is repealed.

College Construction Loan Insurance Association Privatization Act of 1995 - Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under the Higher Education Act of 1965.

College Construction Loan Insurance Association Privatization Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Travel Cost Reduction Act''. SEC. 2. BUSINESS ACCOUNTS FOR AIR TRAVEL BY FEDERAL EMPLOYEES. (a) In General.--Chapter 57 of title 5, United States Code, is amended by inserting after section 5709 the following new section: ``Sec. 5710. Business accounts for air travel ``(a) The General Services Administration or any agency entering into a contract with an air carrier for travel on official business-- ``(1) subject to the provisions of paragraph (2), shall include as a term of such contract that such air carrier shall-- ``(A) establish a separate air travel business account for any employee, designated by the head of the agency employing such employee, for travel on official business by such employee on such air carrier; ``(B) deposit any award or bonus by such air carrier awarded to such employee for travel on official business into the employee's air travel business account; and ``(C) apply any such award or bonus from such employee's air travel business account to any travel on official business by such employee on such air carrier except that such awards or bonuses shall not be used for seating upgrades; and ``(2) may include as a term of such contract, as an alternative to the term required under paragraph (1), that such air carrier shall-- ``(A) establish an air travel business account for any office or administrative unit of an agency, as designated by the head of such agency, for travel on official business by employees of such office or administrative unit on such air carrier; ``(B) deposit any award or bonus by such air carrier awarded to any employee of such office or administrative unit for travel on official business into the air travel business account of such office or administrative unit; and ``(C) apply any such award or bonus from the air travel business account of such office or administrative unit to any travel on official business by any employee of such office or administrative unit except that such awards or bonuses shall not be used for seating upgrades. ``(b) All air travel business accounts established under this section shall be separate from any personal account of an employee. Any award or bonus from an air travel business account may be used only for travel on official business except that such awards shall not be used for seating upgrades. ``(c) To the greatest extent practicable, the General Services Administration shall include the term described under subsection (a)(2) in a contract to maximize travel costs savings. ``(d) The General Services Administration shall promulgate regulations to carry out the provisions of this section. Such regulations shall include a requirement that, to the greatest extent practicable to maximize travel costs savings, employees shall-- ``(1) travel on official business with air carriers awarding awards and bonuses for official business travel, regardless of whether such travel is on an air carrier under a contract described under this section; and ``(2)(A) participate in any program of such air carrier awarding awards and bonuses; and ``(B) use such awards and bonuses for only official business travel except that such awards shall not be used for seating upgrades.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5709 the following new item: ``5710. Business accounts for air travel.''. SEC. 3. APPLICATION TO THE CONGRESS. (a) In General.--No later than 180 days after the date of the enactment of this Act, the Committee on Rules and Administration of the Senate and the Committee on Administration of the House of Representatives shall promulgate regulations relating to Members of Congress and any employee whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, respectively, that-- (1) require any Member of the Senate, officer of the Senate, Member of the House of Representatives, or officer of the House of Representatives who enters into a contract with an air carrier for travel on official business by a Member or employee-- (A) subject to the provisions of subparagraph (B), shall include as a term of such contract that such air carrier shall-- (i) establish a separate air travel business account for any Member or employee, designated by the applicable Member or employing committee or office of such employee, for travel on official business by such Member or employee on such air carrier; (ii) deposit any award or bonus by such air carrier awarded to such Member or employee for travel on official business into the Member's or employee's air travel business account; and (iii) apply any such award or bonus from such Member's or employee's air travel business account to any travel on official business by such Member or employee on such air carrier except that such awards or bonuses shall not be used for seating upgrades; and (B) may include as a term of such contract, as an alternative to the term required under subparagraph (A), that such air carrier shall-- (i) establish an air travel business account for any committee or office as designated by the applicable Member, committee, or office, for travel on official business by Members or employees of such committee or office on such air carrier; (ii) deposit any award or bonus by such air carrier awarded to any Member or employee of such committee or office for travel on official business into the air travel business account of such committee or office; and (iii) apply any such award or bonus from the air travel business account of such committee or office to any travel on official business by any Member or employee of such committee or office except that such awards or bonuses shall not be used for seating upgrades; and (2) to the greatest extent practicable to maximize travel costs savings, require committees and offices (including Members' offices)-- (A) to enter into contracts with air carriers awarding awards and bonuses for official business travel; and (B) to require Members and employees to-- (i) travel on official business with air carriers awarding awards and bonuses for official business travel, regardless of whether such travel is on an air carrier under a contract described under this section; and (ii)(I) participate in any program of such air carrier awarding awards and bonuses; and (II) use such awards and bonuses for only official business travel except that such awards or bonuses shall not be used for seating upgrades. (b) Separate Business Accounts.--All air travel business accounts established under this section shall be separate from any personal account of a Member or employee. Any award or bonus from an air travel business account may be used only for travel on official business except that such awards or bonuses shall not be used for seating upgrades. (c) Committee and Office Accounts.--To the greatest extent practicable, any Member of Congress or officer of the Congress entering into a contract as provided under this section shall include the term described under subsection (a)(1)(B) to maximize costs savings.

Government Travel Cost Reduction Act - Amends Federal law governing air travel of Federal employees and Members of Congress to mandate that a Federal or congressional agency include in its contract with an air carrier: (1) the establishment of a separate air travel business account for employees travelling on official agency business; and (2) deposit into the employee's air travel business account any travel bonuses awarded by the carrier.

Government Travel Cost Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Land Use Notification Act of 1993''. SEC. 2. REQUIRING CERTAIN FEDERAL AGENCIES TO PROVIDE NOTICE TO DISTRICT OF COLUMBIA BEFORE CARRYING OUT ACTIVITIES AFFECTING PROPERTY LOCATED IN DISTRICT. (a) Requirements for General Services Administration.-- (1) In general.--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 new section: ``notice to district of columbia of activities affecting property located in the district ``Sec. 213. (a) Except as provided in subsection (b), the Administrator may not carry out any activity under this title that affects real property located in the District of Columbia (including transferring excess property or disposing of surplus property) unless-- ``(1) not later than 60 days before carrying out such activity, the Administrator provides a notice describing such activity and the property affected to the Mayor of the District of Columbia, the Chair of the Council of the District of Columbia, and the Chair of the Advisory Neighborhood Commission (as established pursuant to section 738 of the District of Columbia Self-Government and Governmental Reorganization Act) in whose neighborhood such property is located; and ``(2) the Administrator provides the individuals described in paragraph (1) with the opportunity to present oral or written comments on the activity to the Administrator (or the Administrator's designee) before the Administrator carries out the activity. ``(b) The Administrator may waive the requirements described in subsection (a) if the Administrator finds that compliance with the requirements would jeopardize the public safety or the national security interests of the United States, but only if the Administrator-- ``(1) certifies such finding and the reasons for such finding to the individuals described in paragraph (1) of such subsection and to Congress; and ``(2) at the earliest time practicable, provides such individuals with the notice described in paragraph (1) of such subsection and the opportunity to present comments described in paragraph (2) of such subsection.''. (2) Clerical amendment.--The table of contents for such Act is amended by inserting after the item relating to section 212 the following new item: ``Sec. 213. Notice to District of Columbia of activities affecting property located in the District.''. (b) Notice Requirements for Other Covered Agencies.-- (1) In general.--Except as provided in paragraph (2), a covered agency (as defined in paragraph (3)) may not carry out any activity that affects real property located in the District of Columbia unless-- (A) not later than 60 days before carrying out such activity, such agency provides a notice describing such activity and the property affected to the Mayor of the District of Columbia, the Chair of the Council of the District of Columbia, and the Chair of the Advisory Neighborhood Commission (as established pursuant to section 738 of the District of Columbia Self-Government and Governmental Reorganization Act) in whose neighborhood such property is located; and (B) the agency provides the individuals described in subparagraph (A) with the opportunity to present oral or written comments on the activity to a representative of the agency before the agency carries out the activity. (2) Exception for emergencies.--A covered agency may waive the requirements of paragraph (1) if the agency finds that compliance with the requirements would jeopardize the public safety or the national security interests of the United States, but only if the agency-- (A) certifies such finding and the reasons for such finding to the individuals described in subparagraph (A) of such paragraph and to Congress; and (B) at the earliest time practicable, provides such individuals with the notice described in subparagraph (A) of such paragraph and the opportunity to present comments described in subparagraph (B) of such paragraph. (3) Covered agency defined.--In this subsection, the term ``covered agency'' means any of the following: (A) The Architect of the Capitol. (B) The National Park Service. (C) The Smithsonian Institution. (c) Prior Approval for Events at Tennis Stadium at Rock Creek Park.--No event may be held at the William H. G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia. SEC. 3. EFFECTIVE DATE. The amendments made by section 2(a) shall apply to activities carried out after the expiration of the 60-day period that begins on the date of the enactment of this Act, and sections 2 (b) and (c) shall apply to activities carried out and events held after the expiration of such period.

District of Columbia Land Use Notification Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 to prohibit the Administrator of General Services, the Architect of the Capitol, the National Park Service, and the Smithsonian Institution from carrying out any activity that affects real property located in the District of Columbia (including transferring excess property or disposing of surplus property) unless the following individuals are notified with an opportunity to comment: (1) the Mayor of the District of Columbia; (2) the Chair of the Council of the District; and (3) the Chair of the Advisory Neighborhood Commission in whose neighborhood such property is located. Prohibits an event from being held at the William H.G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia. Authorizes the Administrator to waive the requirements of this Act if compliance would jeopardize public safety or national security interests: (1) upon certifying such finding to such individuals; and (2) providing the individuals with a notice and an opportunity to comment.

District of Columbia Land Use Notification Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Gift Card Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Debit card.--The term ``debit card'' has the meaning given the term in section 603(r)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681a(r)(3)). (2) Dormancy fee; inactivity charge or fee.--The terms ``dormancy fee'' and ``inactivity charge or fee'' mean a fee, charge, or penalty for non-use or inactivity of a gift certificate, store gift card, or general-use prepaid card. (3) Financial institution.--The term ``financial institution'' has the meaning given the term in section 603(t) of the Fair Credit Reporting Act (15 U.S.C. 1681a(t)). (4) General-use prepaid card, gift certificate, and store gift card.-- (A) General-use prepaid card.--The term ``general- use prepaid card'' means a card or other electronic payment device issued by a financial institution or licensed money transmitter that is-- (i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines; (ii) issued in a requested amount whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder; (iii) purchased or loaded on a prepaid basis; and (iv) honored, upon presentation, by merchants for goods or services, or at automated teller machines. (B) Gift certificate.--The term ``gift certificate'' means a written promise that is-- (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount and cannot be increased; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (C) Store gift card.--The term ``store gift card'' means a plastic card or other electronic payment device that is-- (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount and may or may not be increased in value or reloaded; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (D) Exclusions.--The terms ``general-use prepaid card'', ``gift certificate'', and ``store gift card'' do not include a written promise, plastic card, or other electronic device that is-- (i) used solely for telephone services; or (ii) associated with a demand deposit, checking, savings, or similar account that-- (I) is in the name of an individual or on behalf of an individual at a bank or financial institution; and (II) provides payment solely by debiting such account. (5) Licensed money transmitter.--The term ``licensed money transmitter'' means a person who sells or issues payment instruments or engages in the business of receiving money for transmission or transmitting money within the United States or to locations abroad by any and all means, including payment instrument, wire, facsimile, or electronic transfer. (6) Service fee.--The term ``service fee'' means a periodic fee, charge, or penalty for holding or use of a gift certificate, store gift card, or general-use prepaid card. SEC. 3. UNFAIR OR DECEPTIVE ACTS OR PRACTICES REGARDING GIFT CARDS. (a) Prohibition on Imposition of Fees or Charges.-- (1) In general.--Except as provided under paragraphs (2) through (4), it shall be unlawful for any person to impose, with respect to a gift certificate, store gift card, or general-use prepaid card, a dormancy fee, inactivity charge or fee, or a service fee. (2) Exception.--A dormancy fee, inactivity charge or fee, or service fee may be charged with respect to a gift certificate, store gift card, or general-use prepaid card if-- (A) such certificate or card has a remaining value of $5 or less at the time such charge or fee is assessed; (B) such charge or fee does not exceed $1; (C)(i) there has been no activity with respect to the certificate or card in the 24-month period ending on the date the charge or fee is imposed; and (ii) the certificate or card was issued more than 24 months before such date; (D) the holder of the certificate or card may reload or add value to the certificate or card; and (E) the disclosure requirements of paragraph (3) are met. (3) Disclosure requirements.--The disclosure requirements of this paragraph are met if-- (A) the gift certificate, store gift card, or general-use prepaid card clearly and conspicuously states in at least 10-point type-- (i) that a dormancy fee, inactivity charge or fee, or service fee may be charged; (ii) the amount of such fee or charge; (iii) how often such fee or charge may be assessed; and (iv) that such fee or charge may be assessed for inactivity; and (B) the issuer of such certificate or card informs the purchaser of such charge or fee before such certificate or card is purchased, regardless of whether the certificate or card is purchased in person, over the Internet, or by telephone. (4) Exclusion.--The prohibition under paragraph (1) shall not apply to gift certificates that-- (A)(i) are distributed pursuant to an award, loyalty, or promotional program; and (ii) with respect to which there is no money or other value exchanged; or (B)(i) expire not later than 30 days after the date they are sold; and (ii) are sold below the face value of the certificate to an employer or to a nonprofit or charitable organization for fund-raising purposes. (b) Prohibition on Sale of Gift Cards With Expiration Dates.-- (1) In general.--Except as provided under paragraph (2), it shall be unlawful for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. (2) Exceptions.--A gift certificate, store gift card, or general-use prepaid card may contain an expiration date if-- (A) the expiration date is not less than 5 years after the date on which the card is purchased; and (B) the terms of expiration are prominently disclosed in all capital letters that are at least 10- point type. SEC. 4. RELATION TO STATE LAWS. This Act and any regulations or standards established pursuant to this Act shall not supersede any provision of State law with respect to dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards. SEC. 5. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Individual Cause of Action.--Nothing in this Act shall be construed to limit an individual's rights to enforce a State law relating to unfair or deceptive acts or practices.

Fair Gift Card Act of 2009 - Declares it unlawful, with certain exceptions, for any person to impose a dormancy fee, inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. Declares it unlawful, with certain exceptions, for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. Requires any violation of this Act to be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act.

A bill to prohibit unfair or deceptive acts or practices relating to gift certificates, store gift cards, and other general-use prepaid cards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting American Agricultural and Medical Exports to Cuba Act of 2009''. SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. Section 908(b)(4) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) the term `payment of cash in advance' means, notwithstanding any other provision of law, the payment by the purchaser of an agricultural commodity or product and the receipt of such payment by the seller prior to-- ``(i) the transfer of title of such commodity or product to the purchaser; and ``(ii) the release of control of such commodity or product to the purchaser.''. SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES DEPOSITORY INSTITUTIONS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. (a) In General.--Notwithstanding any other provision of law (including section 908(b)(1)(B) of the Trade Sanctions and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)(B)), the President may not restrict direct transfers from a Cuban depository institution to a United States depository institution executed in payment for an agricultural commodity or product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). (b) Depository Institution Defined.--In this section, the term ``depository institution'' means any entity that is engaged primarily in the business of banking (including a bank, savings bank, savings association, credit union, trust company, or bank holding company). SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH RESPECT TO CUBA. (a) In General.--The Secretary of Agriculture shall establish a program to provide information and technical assistance to United States agricultural producers, cooperative organizations, and State agencies that promote the sale of agricultural commodities or products, in order to promote and facilitate exports of United States agricultural commodities or products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000. (b) Technical Assistance To Facilitate Exports.--The Secretary of Agriculture shall maintain on the website of the Department of Agriculture information to assist exporters and potential exporters of United States agricultural commodities or products with respect to Cuba. (c) Authorization of Funds.--The Secretary of Agriculture is authorized to expend such sums as may be available in the Agricultural Export Promotion Trust Fund established under section 9511 of the Internal Revenue Code of 1986 (as added by section 5(b) of this Act). SEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION TRUST FUND. (a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the Internal Revenue Code of 1986 (relating to use of international travel facilities) is amended by adding at the end the following new paragraph: ``(4) Special rule for cuba.--In any case in which the tax imposed by paragraph (1) applies to transportation beginning or ending in Cuba before January 1, 2016, such tax shall be increased by $1.00.''. (b) Agricultural Export Promotion Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Agricultural Export Promotion Trust Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Agricultural Export Promotion Trust Fund amounts equivalent to the increase in taxes received in the Treasury by reason of section 4261(c)(4). ``(c) Expenditures.--Amounts in the Agricultural Export Promotion Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to the Office of the Secretary of Agriculture for the purposes set out in section 4 of the Promoting American Agricultural and Medical Exports to Cuba Act of 2009.''. (2) Conforming amendment.--Subparagraph (B) of section 9502(b)(1) of such Code is amended by inserting ``(other than by reason of subsection (c)(4) thereof)'' after ``sections 4261''. (3) Clerical amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Agricultural Export Promotion Trust Fund.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to transportation beginning after the 90-day period beginning on the date of the enactment of this Act, except that such amendment shall not apply to amounts paid before the end of such period. SEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED. (a) Sense of Congress.--It is the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States to nationals of Cuba whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of United States agricultural commodities or products pursuant to the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). (b) Periodic Reports.-- (1) In general.--Not later than 45 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State shall submit to the Committee on Finance, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Foreign Relations of the Senate, and the Committee on Agriculture, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives a report on the issuance of visas described in subsection (a). (2) Content of reports.--Each report under paragraph (1) shall contain a full description of each application received from a national of Cuba for a visa to travel to the United States to engage in purchasing activities pursuant to the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and shall describe the disposition of each such application. SEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA. (a) Repeal of Requirement for Onsite Verifications.--Section 1705 of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by striking subsection (d). (b) Rule of Construction.--Nothing in the amendment made by subsection (a) shall be construed to restrict the authority of the President to-- (1) impose export controls with respect to the export of medicines or medical devices under sections 5 or 6 of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. App. 2404 or 2405)); or (2) exercise the authority the President has under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. SEC. 8. TRAVEL TO CUBA. (a) Freedom of Travel for United States Citizens and Legal Residents.--Notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209(b)) and subject to subsection (b)-- (1) the President may not regulate or prohibit, directly or indirectly, travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel; and (2) any regulation in effect on the date of the enactment of this Act that regulates or prohibits travel to or from Cuba by United States citizens or legal residents or transactions incident to such travel shall cease to have any force or effect. (b) Exception.--The restrictions on authority contained in subsection (a) shall not apply in a case in which the United States is at war with Cuba, armed hostilities between the two countries are in progress, or there is imminent danger to the public health or the physical safety of United States citizens or legal residents. (c) Applicability.--This section applies to actions taken by the President-- (1) on or after the date of the enactment of this Act; or (2) before the date of the enactment of this Act which are in effect on such date of enactment. SEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION OF INTELLECTUAL PROPERTY. (a) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (b) Regulations.--The Secretary of the Treasury shall promulgate such regulations as are necessary to carry out the repeal made by subsection (a), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act) applied. (c) Further Regulations.-- (1) In general.--The Secretary of the Treasury shall amend part 515 of title 31, Code of Federal Regulations (commonly referred to as the ``Cuban Assets Control Regulations''), to authorize under general license the transfer or receipt of any trademark or trade name subject to United States law in which a designated national has an interest. (2) Designated national defined.--In this subsection, the term ``designated national'' has the meaning given the term in subsection (d)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act).

Promoting American Agricultural and Medical Exports to Cuba Act of 2009 - Prohibits the President from restricting direct transfers from a Cuban depository institution to a U.S. depository institution in payment for a product or agricultural commodity authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000. Directs the Secretary of Agriculture to provide information and technical assistance to U.S. agricultural producers, cooperative organizations, or state agencies to promote U.S. agricultural exports products to Cuba. Amends the Internal Revenue Code to: (1) increase the airport ticket tax for transportation between the United States and Cuba by $1; and (2) establish in the Treasury the Agricultural Export Promotion Trust Fund. Expresses the sense of Congress that the Secretary of State should issue temporary entry visas to Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of U.S. agricultural commodities or products. Amends the Democracy Act of 1992 to repeal the requirement for onsite verification of certain medical exports to Cuba. Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions incident to such travel. States that: (1) any regulation restricting or prohibiting such travel shall have no effect; and (2) such prohibition shall not apply in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. citizens or legal residents. Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition on enforcement of rights to certain U.S. intellectual properties and such properties' transfer.

A bill to facilitate the export of United States agricultural commodities and products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000, to establish an agricultural export promotion program with respect to Cuba, to remove impediments to the export to Cuba of medical devices and medicines, to allow travel to Cuba by United States citizens and legal residents, to establish an agricultural export promotion program with respect to Cuba, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Otay Mountain Wilderness Act of 1998''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The public lands within the Otay Mountain region of California are one of the last remaining pristine locations in western San Diego County, California. (2) This rugged mountain adjacent to the United States- Mexico border is internationally known for its diversity of unique and sensitive plants. (3) This area plays a critical role in San Diego's multi- species conservation plan, a national model made for maintaining biodiversity. (4) Due to its proximity to the international border, this area is the focus of important law enforcement and border interdiction efforts necessary to curtail illegal immigration and protect the area's wilderness values. (5) The illegal immigration traffic, combined with the rugged topography, also presents unique fire management challenges for protecting lives and resources. SEC. 3. DESIGNATION. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public lands in the California Desert District of the Bureau of Land Management, California, comprising approximately 18,500 acres as generally depicted on a map entitled ``Otay Mountain Wilderness'' and dated May 7, 1998, are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System, which shall be known as the Otay Mountain Wilderness. SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, a map and a legal description for the Wilderness Area shall be filed by the Secretary with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act, except that the Secretary, as appropriate, may correct clerical and typographical errors in such legal description and map. Such map and legal description for the Wilderness Area shall be on file and available for public inspection in the offices of the Director and California State Director, Bureau of Land Management, Department of the Interior. (b) United States-Mexico Border.--In carrying out this section, the Secretary shall ensure that the southern boundary of the Wilderness Area is 100 feet north of the trail depicted on the map referred to in subsection (a) and is at least 100 feet from the United States-Mexico international border. SEC. 5. WILDERNESS REVIEW. The Congress hereby finds and directs that all the public lands not designated wilderness within the boundaries of the Southern Otay Mountain Wilderness Study Area (CA-060-029) and the Western Otay Mountain Wilderness Study Area (CA-060-028) managed by the Bureau of Land Management and reported to the Congress in 1991, have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), and are no longer subject to the requirements contained in section 603(c) of that Act pertaining to the management of wilderness study areas in a manner that does not impair the suitability of such areas for preservation as wilderness. SEC. 6. ADMINISTRATION OF WILDERNESS AREA. (a) In General.--Subject to valid existing rights and to subsection (b), the Wilderness Area shall be administered by the Secretary in accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in such provisions to the effective date of the Wilderness Act is deemed to be a reference to the effective date of this Act; and (2) any reference in such provisions to the Secretary of Agriculture is deemed to be a reference to the Secretary of the Interior. (b) Border Enforcement, Drug Interdiction, and Wildland Fire Protection.--Nothing in this Act or the Wilderness Act may be construed to preclude Federal, State, and local agencies from conducting within the Wilderness Area, in accordance with appropriate conditions determined by the Secretary-- (1) drug interdiction and border operations, including the installation of electronic sensors and other surveillance equipment; and (2) wildland fire management operations, including prescribed burns. SEC. 7. FURTHER ACQUISITIONS. Any lands within the boundaries of the Wilderness Area that are acquired by the United States after the date of enactment of this Act shall become part of the Wilderness Area and shall be managed in accordance with all the provisions of this Act and other laws applicable to such a wilderness. SEC. 8. NO BUFFER ZONES. The Congress does not intend for the designation of the Wilderness Area by this Act to lead to the creation of protective perimeters or buffer zones around the Wilderness Area. The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness Area shall not, of itself, preclude such activities or uses up to the boundary of the Wilderness Area. SEC. 9. DEFINITIONS. As used in this Act: (1) Public lands.--The term ``public lands'' has the same meaning as that term has in section 103(e) of the Federal Land Policy and Management Act of 1976. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Wilderness area.--The term ``Wilderness Area'' means the Otay Mountain Wilderness designated by section 3.

Otay Mountain Wilderness Act of 1998 - Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness. Declares that such designation: (1) shall not preclude Federal, State, or local government drug interdiction and border operations or wildland fire management operations within the Wilderness; and (2) is not intended to lead to the creation of protective buffer zones around the Wilderness.

Otay Mountain Wilderness Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detergent Poisoning And Child Safety Act of 2015'' or the ``Detergent PACS Act of 2015''. SEC. 2. SPECIAL PACKAGING AND OTHER REQUIREMENTS FOR LIQUID DETERGENT PACKETS. (a) Definitions.--In this Act: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Consumer product.--The term ``consumer product'' has the meaning given such term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (3) Detergent packet.--The term ``detergent packet'' means a consumer product that consists of a detergent enclosed in a water soluble outer layer. (4) Liquid detergent packet.--The term ``liquid detergent packet'' means a consumer product that consists of a substantially liquid or gel detergent enclosed in a water soluble outer layer. (5) Special packaging.--The term ``special packaging'' has the meaning given that term in section 2 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471). (b) Safety Standards Required.-- (1) In general.--Except as provided in subsection (c)(1), not later than 540 days after the date of the enactment of this Act, the Commission shall promulgate a final rule that establishes safety standards for liquid detergent packets to protect children who are younger than 5 years of age from injury or illness caused by exposure to such packets. (2) Elements.--The final rule promulgated under paragraph (1) shall-- (A) require special packaging for liquid detergent packets; (B) include standards to address the design and color of liquid detergent packets to-- (i) make them less attractive to children; (ii) reduce the likelihood of exposure to detergent; and (iii) otherwise reduce risks related to the ingestion or aspiration of, or ocular contact with, detergent and other potential injury risks of liquid detergent packets; (C) include standards to address the composition of liquid detergent packets to make the consequences of exposure less severe; and (D) prescribe warning labels that-- (i) adequately inform consumers of the potential risks of injury and death caused by liquid detergent packets; (ii) are conspicuous and visible at the point of sale; (iii) clarify hazard patterns, including known consequences of such hazards; and (iv) identify actions needed to avoid injury. (3) Treatment as consumer product safety standard.--A rule promulgated under paragraph (1) shall be treated as a consumer product safety standard described in section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)). (4) Rulemaking.-- (A) In general.--A rule under paragraph (1) shall be promulgated in accordance with section 553 of title 5, United States Code. (B) Inapplicability of certain requirements.-- Section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) shall not apply to a rulemaking under paragraph (1). (c) Adoption of Voluntary Standard.-- (1) In general.--Subsection (b)(1) shall not apply if the Commission determines that-- (A) a voluntary standard pertaining to liquid detergent packets manufactured or imported for use in the United States protects children as described in subsection (b)(1); (B) such voluntary standard is or will be in effect not later than 1 year after the date of the enactment of this Act; and (C) such voluntary standard is developed by ASTM International Subcommittee F15.71 on Liquid Laundry Packets, or such other entity as the Commission considers a successor to ASTM International Subcommittee F15.71. (2) Publication of determination.--If the Commission makes a determination under paragraph (1), the Commission shall publish such determination in the Federal Register. (3) Treatment of voluntary standard.--If the Commission determines that a voluntary standard meets the conditions in paragraph (1), such standard shall be treated as a consumer product safety standard described in section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)) beginning on the date that is the later of-- (A) the date that is 180 days after the date of the publication under paragraph (2) of such determination; or (B) the effective date specified in the voluntary standard. (4) Revision of voluntary standard.-- (A) Notice of revision.--If a voluntary standard is treated as a consumer product safety standard under paragraph (3) and such standard is revised by ASTM International after the Commission makes a determination under paragraph (1), ASTM International shall notify the Commission of such revision not later than 60 days after making such revision. (B) Treatment of revisions.--A voluntary standard with respect to which the Commission receives notice under subparagraph (A) shall be treated as a consumer product safety standard described in section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)), promulgated in lieu of the prior version, effective 180 days after the date the Commission is notified of the revision under subparagraph (A), unless not later than 90 days after receiving that notice the Commission determines that the revised voluntary standard does not meet the requirements of paragraph (1)(A), in which case the Commission shall continue to enforce the prior version. (d) Future Rulemaking.-- (1) In general.--The Commission may, at any time after promulgating a final rule under subsection (b)(1) or making a determination under subsection (c)(1), promulgate such rules in accordance with section 553 of title 5, United States Code, as the Commission considers appropriate to protect, to the maximum degree practicable, children as described in subsection (a)(1). (2) Treatment as consumer product safety standard.--A rule promulgated under paragraph (1) shall be treated as a consumer product safety standard described in section 7(a) of the Consumer Product Safety Act (15 U.S.C. 2056(a)). (3) Inapplicability of certain requirements.--Section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) shall not apply to a rulemaking under paragraph (1). (e) Report to Congress.-- (1) In general.--Not later than 4 years after the date of the 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 on risks posed by detergent packets to young children and how the Commission is working to protect such children from such risks. (2) Matters covered.--The report required by paragraph (1) shall include the following: (A) A quantitative assessment of annual national pediatric exposure to detergent packets, including the number of exposure incidents, the means of exposure (whether by ingestion, aspiration, or ocular contact), the clinical effects of the exposures, and medical outcomes. (B) An assessment as to whether the rule promulgated under subsection (b)(1) or the voluntary standard adopted under subsection (c), as the case may be, has been effective in protecting young children from injury or illness caused by exposure to detergent packets. (C) Such recommendations for legislative or administrative action as the Commission may have to protect young children as described in subparagraph (B). (3) Publication.--The Commission shall make the report required by paragraph (1) available to the public on the Internet website of the Commission.

Detergent Poisoning And Child Safety Act of 2015 or the Detergent PACS Act of 2015 Requires the Consumer Product Safety Commission (CPSC) to establish safety standards for liquid detergent packets to protect children who are younger than five years of age from injury or illness. Directs the CPSC to establish such standards by promulgating a rule or adopting voluntary ASTM International standards. Provides for any final rule that is promulgated to include: (1) requirements for special packaging and warning labels, (2) standards to make the color and design of packets less attractive to children, and (3) liquid composition standards to make the consequences of exposure less severe. Requires the rule or standards to be treated as consumer product safety standards under the Consumer Product Safety Act.

Detergent PACS Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cardiac Arrest Survival Act of 1999''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Each year more than 250,000 adults suffer cardiac arrest, usually away from a hospital. More than 95 percent of them will die, in many cases because cardiopulmonary resuscitation (``CPR''), defibrillation, and advanced life support are provided too late to reverse the cardiac arrest. These cardiac arrests occur primarily from occult underlying heart disease and from drowning, allergic or sensitivity reactions, or electrical shocks. (2) Every minute that passes before returning the heart to a normal rhythm after a cardiac arrest causes the chance of survival to fall by 10 percent. (3) In communities where strong public access to defibrillation programs have been implemented, survival from cardiac arrest has improved by as much as 20 percent. (4) Survival from cardiac arrest requires successful early implementation of a chain of events, known as the chain of survival, which must be initiated as soon as the person sustains a cardiac arrest and must continue until the person arrives at the hospital. (5) The chain of survival is the medical standard of care for treatment of cardiac arrest. (6) A successful chain of survival requires the first person on the scene to take rapid and simple initial steps to care for the patient and to assure that the patient promptly enters the emergency medical services system. These steps include-- (A) recognizing an emergency and activating the emergency medical services system; (B) beginning CPR; and (C) using an automated external defibrillator (``AED'') if one is available at the scene. (7) The first persons at the scene of an arrest are typically lay persons who are friends or family of the victim, fire services, public safety personnel, basic life support emergency medical services providers, teachers, coaches and supervisors of sports or other extracurricular activities, providers of day care, school bus drivers, lifeguards, attendants at public gatherings, coworkers, and other leaders within the community. (8) The Federal Government should facilitate programs for the placement of AEDs in public buildings, including provisions regarding the training of personnel in CPR and AED use, integration with the emergency medical services system, and maintenance of the devices. SEC. 3. RECOMMENDATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES REGARDING PLACEMENT OF AUTOMATIC EXTERNAL DEFIBRILLATORS IN BUILDINGS. 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: ``recommendations regarding placement of automated external defibrillators in buildings ``Sec. 247. (a) Recommendation for Federal Buildings.-- ``(1) In General.--Not later than 90 days after the date of the enactment of the Cardiac Arrest Survival Act of 1999, the Secretary shall assist in providing for an improvement in the survival rates of individuals who experience cardiac arrest in Federal buildings by publishing in the Federal Register for public comment the recommendations of the Secretary with respect to placing automatic external defibrillators in such buildings. The Secretary shall in addition assist Federal agencies in implementing programs for such placement. ``(2) Agency assessments.--Not later than 180 days after the date on which the recommendations are published under paragraph (1), the head of each Federal agency that occupies a Federal building that meets the criteria described in subsection (a)(1) shall submit to the Secretary an assessment of the ability of each such agency to meet the goals described in subsection (c). ``(b) Additional Recommendations.--The Secretary shall publish, as part of the recommendations referred to in subsection (a), recommendations with respect to the placement of automatic external defibrillators in buildings and facilities, or other appropriate venues, frequented by the public (other than the buildings referred to in subsection (a)). Such recommendations shall only be for information purposes for States and localities to consider in determining policy regarding the use or placement of such defibrillators in recommended buildings, facilities or venues. ``(c) Consideration of Certain Goals for Survival Rates.--In carrying out this section, the Secretary shall consider the goals established by national public-health organizations for improving the survival rates of individuals who experience cardiac arrest in nonhospital settings, including goals for minimizing the time elapsing between the onset of cardiac arrest and the initial medical response. ``(d) Certain Procedures.--The matters addressed by the Secretary in the recommendations under subsections (a) and (b) shall include the following: ``(1) Procedures for implementing appropriate nationally recognized training courses in performing cardiopulmonary resuscitation and the use of automatic external defibrillators. ``(2) Procedures for proper maintenance and testing of such devices, according to the guidelines of the manufacturer of the devices. ``(3) Procedures for ensuring direct involvement of a licensed medical professional and coordination with local emergency medical services in the oversight of training and notification of incidents of the use of the devices. ``(4) Procedures for ensuring notification of an agent of the local emergency medical system dispatch center of the location and type of device. ``(e) Certain Criteria.--In making recommendations under subsections (a) and (b), the Secretary shall determine the following: ``(1) Criteria for selecting the public buildings, facilities and other venues in which automatic external defibrillators should be placed, taking into account-- ``(A) the typical number of employees and visitors in the buildings, facilities or venues; ``(B) the extent of the need for security measures regarding the buildings, facilities or venues; ``(C) buildings, facilities or other venues, or portions thereof, in which there are special circumstances such as high electrical voltage or extreme heat or cold; and ``(D) such other factors as the Secretary determines to be appropriate. ``(2) Criteria regarding the maintenance of such devices (consistent with the labeling for the devices). ``(3) Criteria for coordinating the use of the devices in public buildings, facilities or other venues with providers of emergency medical services for the geographic areas in which the buildings, facilities or venues are located.''. SEC. 4. IMMUNITY FROM CIVIL LIABILITY FOR EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS. Part B of title II of the Public Health Service Act, as amended by section 3 of this Act, is amended by adding at the end the following section: ``liability regarding emergency use of automated external defibrillators ``Sec. 248. (a) Persons Using AEDs.--Any person who provides emergency medical care through the use of an automated external defibrillator is immune from civil liability for any personal injury or wrongful death resulting from the provision of such care, except as provided in subsection (c). ``(b) Other Persons Involved With AEDs; Special Rules for Acquirers.-- ``(1) In general.--With respect to a personal injury or wrongful death to which subsection (a) applies, in addition to the person who provided emergency medical care through the use of the automated external defibrillator, the person described in paragraph (2) is with respect to the device immune from civil liability for the personal injury or wrongful death in accordance with such paragraph, except as provided in subsection (c). ``(2) Person described.--A person described in this paragraph is the person who acquired the device for use at a nonmedical facility (in this paragraph referred to as the `acquirer'). Such person shall be immune from liability as provided for in paragraph (1) if the following conditions are met: ``(A) The condition that the acquirer notified local emergency response personnel of the most recent placement of the device within a reasonable period of time after the device was placed. ``(B) The condition that, as of the date on which the emergency occurred, the device had been maintained and tested in accordance with the guidelines established for the device by the manufacturer of the device. ``(C) In any case in which the person who provided the emergency medical care through the use of the device was an employee or agent of the acquirer, and the employee or agent was within the class of persons the acquirer expected would use the device in the event of a relevant emergency, the condition that the employee or agent received reasonable instruction in the use of such devices through a course approved by the Secretary or by the chief public health officer of any of the States. ``(c) Inapplicability of Immunity.--Immunity under subsections (a) and (b) does not apply to a person if-- ``(1) the person engaged in gross negligence or willful or wanton misconduct in the circumstances described in such subsections that apply to the person with respect to automated external defibrillators; or ``(2) the person was a licensed or certified medical professional who was using the automated external defibrillator while acting within the scope of their license or certification, and within the scope of their employment as a medical professional. ``(d) Rules of Construction.-- ``(1) In general.--The following applies with respect to this section: ``(A) This section is not applicable in any State that (before, on, or after the date of the enactment of the Cardiac Arrest Survival Act of 1999) provides through statute or regulations any degree of immunity for any class of persons for civil liability for personal injury or wrongful death arising from the provision of emergency medical care through the use of an automated external defibrillator. ``(B) This section does not waive any protection from liability for Federal officers or employees under-- ``(i) section 224; or ``(ii) sections 1346(b), 2672 and 2679 of title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of title 28. ``(C) This section does not require that an automated external defibrillator be placed at any building or other location. ``(2) Civil actions under federal law.-- ``(A) In general.--The applicability of subsections (a) through (c) includes applicability to any action for civil liability described in subsection (a) that arises under Federal law. ``(B) Federal areas adopting state law.--If a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a) that in such area arises under the law of the State is subject to subsections (a) through (c) in lieu of any related State law that would apply in such area in the absence of this subparagraph.''. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.

Requires the Secretary to determine criteria for: (1) the selection of the Federal public buildings in which defibrillators should be placed; (2) defibrillator maintenance; and (3) the coordination of the use of the defibrillators in public buildings, facilities, or other venues with emergency medical services providers for the geographic areas in which the buildings are located. Provides that any person who provides emergency medical care through the use of a defibrillator, and the person who acquired the device (if specified conditions have been met) are immune from civil liability for any personal injury or wrongful death resulting from the provision of such care, unless the person engaged in gross negligence or willful or wanton misconduct under the applicable circumstances, or the person was a licensed or certified medical professional who was using the defibrillator while acting within the scope of employment as a medical professional.

Cardiac Arrest Survival Act of 1999

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Olympic Commemorative Coins Act''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``Corporation'' shall mean the corporation by the name of ``United States Olympic Committee'' created by the Act entitled ``An Act to incorporate the United States Olympic Association'', approved September 21, 1950 (36 U.S.C. 371 et seq.), as amended; and (2) the term ``Secretary'' shall mean the Secretary of the Treasury. SEC. 3. COMMEMORATIVE COINS PROGRAM. (a) Biannual Olympic Coins.--Beginning in 1997, in each 6-month period prior to the date upon which the Summer or Winter Olympic Games are held in a nation other than the United States, the Secretary shall issue not more than 500,000 commemorative one dollar coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.5 inches; (3) contain 90 percent silver and 10 percent alloy; and (4) bear the design selected by the Secretary pursuant to subsection (f). (b) Olympic Coins When Games Are Held in the United States.--In each year prior to a year in which the Summer or Winter Olympic Games are held in the United States, the Secretary shall develop an expanded multi-coin commemorative coins program in consultation with the Corporation and the Citizens Commemorative Coin Advisory Committee. The Secretary shall issue such coins in the 6-month period prior to the date upon which such games are held. (c) Exclusivity.--During the first 2 months of each period in which coins are issued under this Act, the Secretary shall not issue other commemorative coins. (d) Surcharges.--(1) All sales of the coins issued under subsection (a) shall include a surcharge of $10 per coin. (2) All sales of the coins issued under subsection (b) shall include a surcharge of between $1 and $50 per coin as determined by the Secretary in consultation with the Corporation. (e) Distribution and Use of Surcharges.--(1) All surcharges received by the Secretary from the sale of coins under this Act shall be promptly paid by the Secretary to the Corporation. (2) Funds received by the Corporation under this Act shall be used to carry out the Amateur Sports Act of 1978 (36 U.S.C. 371 et seq.), and not less than 25 percent of such funds shall be used for the objects and purposes of paragraphs (6), (7), and (9) of section 104 of such Act (36 U.S.C. 374). (f) Design.--(1) The design for each coin issued under this Act shall be selected by the Secretary after consultation with the Corporation. (2)(A) On each coin issued under this Act there shall be-- (i) a designation of the value of the coin; (ii) an inscription of the year; and (iii) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (B) On coins issued under this Act there may be, with the consent of the Corporation under section 9 of the Act entitled ``An Act to incorporate the United States Olympic Association'', approved September 21, 1950 (36 U.S.C. 380), the symbol of the International Olympic Committee, the emblem of the Corporation, the words ``Olympic'', ``Olympiad'' or other symbols, emblems, trademarks and names which the Corporation has the exclusive right to use under that section. SEC. 4. LEGAL TENDER. The coins issued under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 5. SOURCES OF BULLION. (a) Silver.--The Secretary shall obtain silver for minting coins under this Act from sources the Secretary determines to be appropriate, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. (b) Gold.--The Secretary shall obtain any gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. SEC. 6. SALE PRICE. Each coin issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coin; (2) the surcharge provided in section 3 with respect to such coin; (3) the cost of designing and issuing the coin (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping); and (4) the estimated profit determined under section 7(b) with respect to such coin. SEC. 7. DETERMINATION OF COSTS AND PROFIT. (a) Determination of Costs.--The Secretary shall determine the costs incurred with respect to coins issued under this Act, including overhead costs. (b) Determination of Profit.--Prior to the sale of each edition of coin issued under this Act, the Secretary shall calculate the estimated profit to be included in the sale price of each such coin under section 6(4). (c) Prohibition on Judicial Review.--Determinations made under this section shall be made at the sole discretion of the Secretary and shall not be subject to judicial review. SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. Section 5112(j) of title 31, United States Code, shall apply to the procurement of goods and services necessary to carry out the programs and operations of the United States Mint under this Act. SEC. 9. AUDITS AND REPORT. (a) The Comptroller General of the United States shall have the right to examine books, records, documents, and other data of the Corporation related to the expenditure of amounts it has received under section 3(e)(1). (b) The Corporation shall biannually transmit a report to Congress and to the Secretary which shall account for the expenditure of funds received under section 3(e)(1). SEC. 10. FINANCIAL ASSURANCES. It is the sense of Congress that each coin edition issued under this Act should be self-sustaining and should be administered so as not to result in any net cost to the Numismatic Public Enterprise Fund.

Olympic Commemorative Coins Act - Directs the Secretary of the Treasury to: (1) issue commemorative one-dollar coins in each six-month period prior to the date upon which the Summer or Winter Olympic Games are held in a nation other than the United States; and (2) develop an expanded multi-coin commemorative coins program in each year prior to a year in which such Games are held in the United States. Expresses the sense of the Congress that each coin edition should be self-sustaining and administered so as not to result in any net cost to the Numismatic Public Enterprise Fund.

Olympic Commemorative Coins Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Less Imprecision in Species Treatment Act of 2018'' or the ``LIST Act of 2018''. SEC. 2. REQUIREMENT TO INITIATE DELISTING. (a) Requirement in Case of Recovery.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9)(A) The Secretary shall initiate the procedures in accordance with subsection (a)(1) to remove a species from a list published under subsection (c) if-- ``(i) the goals of a recovery plan for the species developed under subsection (f) have been met; or ``(ii) the goals for recovery of the species have not been developed under subsection (f), and the Secretary determines that the species has recovered sufficiently to no longer require the protection of the Act. ``(B) Notwithstanding the requirement of subsection (c)(2) that each determination under subparagraph (B) of that subsection shall be made in accordance with the provisions of subsections (a) and (b), the Secretary shall remove a species from any list published under subsection (c) if the Department of the Interior has produced or received substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species under subsection (f) have been met. ``(C) In the case of a species removed under subparagraph (A) from a list published under subsection (c), the publication and notice under subsection (b)(5) shall consist solely of a notice of such removal.''. (b) Requirement in Case Erroneously or Wrongfully Listed.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as amended by subsection (a), is further amended by adding at the end the following: ``(H)(i) Not later than 90 days after the date the Department of the Interior receives or produces under this subsection information described in clause (ii) regarding a species included in a list under subsection (c), the Secretary shall to the maximum extent practicable find whether the inclusion of such species in such list was less than likely to have occurred in the absence of the scientific or commercial information referred to in clause (ii). ``(ii) Information referred to in clause (i) is any information demonstrating that the listing was determined on the basis of scientific or commercial information available to, or received or produced by, the Department under paragraphs (1) and (3) of subsection (b) that at the time the scientific or commercial information was available to or received or produced by the Department it was-- ``(I) inaccurate beyond scientifically reasonable margins of error; ``(II) fraudulent; or ``(III) misrepresentative. ``(iii) Notwithstanding the requirement under subsection (c)(2)(B) that each determination under subparagraph (B) shall be made in accordance with the provisions of subsections (a) and (b), the Secretary shall-- ``(I) remove from any list published under subsection (c) any species for which a positive finding is made under clause (i); and ``(II) promptly publish in the Federal Register notice of such finding that includes such information as was received or produced by the Department under such clause. ``(iv) Any positive finding by the Secretary under clause (i) shall not be subject to judicial review. ``(v) Any negative finding by the Secretary under clause (i) shall be subject to judicial review. ``(vi) In the case of a species removed under clause (iii) from a list, the publication and notice under subsection (b)(5) shall consist solely of a notice of such removal. ``(vii) If the Secretary finds that a person submitted a petition that is the subject of a positive finding under clause (i) knowing that it contained scientific or commercial information described in clause (ii), then during the 10-year period beginning on the date of the finding under this clause the person shall not be considered an interested person for purposes of subparagraph (A) with respect to any petition submitted by the person after the date the person submitted such scientific or commercial information.''. SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW. Section 4(c) (16 U.S.C. 1533(c)) is amended by adding at the end the following: ``(3) Each determination under paragraph (2)(B) shall consider one of the following: ``(A) Except as provided in subparagraph (B) of this paragraph, the criteria required under subsection (f)(1)(B) in the recovery plan for the species. ``(B) If the objective, measurable criteria under subsection (f)(1)(B)(ii) are not established, the factors for the determination that a species is an endangered species or a threatened species set forth in subsections (a)(1) and (b)(1). ``(C) A finding of error in the determination that the species is an endangered species, a threatened species, or extinct. ``(D) A determination that the species is no longer an endangered species or threatened species or in danger of extinction, based on an analysis of the factors that are the basis for listing in subsections (a)(1) and (b)(1).''.

Less Imprecision in Species Treatment Act of 2018 or the LIST Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for removing a species from the endangered or threatened species lists. The Department of the Interior or the Department of Commerce, as appropriate, must remove a species from the endangered or threatened species lists if Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met. The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal. The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.

Less Imprecision in Species Treatment Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Refined Petroleum Sanctions Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The illicit nuclear activities of the Government of Iran represent a serious threat to the security of the United States and our allies in Europe, the Middle East, and around the world. (2) The United States and the international community have a vital interest in working together to prevent the Government of Iran from acquiring a nuclear weapons capability. (3) The international community, acting through the International Atomic Energy Agency and the United Nations, has already adopted a range of sanctions designed to encourage the Government of Iran to cease its unlawful nuclear activities and comply with its obligations under the Treaty on Non- Proliferation of Nuclear Weapons (commonly known as the ``Nuclear Non-Proliferation Treaty''). (4) As a presidential candidate, then-Senator Obama stated that additional sanctions, especially those targeting Iran's dependence on imported refined petroleum, may help to persuade the Government of Iran to abandon its illicit nuclear activities. (5) On October 7, 2008, then-Senator Obama stated, ``Iran right now imports gasoline, even though it's an oil producer, because its oil infrastructure has broken down. If we can prevent them from importing the gasoline that they need and the refined petroleum products, that starts changing their cost- benefit analysis. That starts putting the squeeze on them.''. (6) On June 4, 2008, then-Senator Obama stated, ``We should work with Europe, Japan, and the Gulf states to find every avenue outside the UN to isolate the Iranian regime--from cutting off loan guarantees and expanding financial sanctions, to banning the export of refined petroleum to Iran.''. (7) Our allies in the international community have expressed support for additional sanctions should the Government of Iran fail to verifiably suspend its illicit nuclear activities. (8) On March 17, 2009, British Prime Minister Gordon Brown stated, ``[L]et me be equally clear that Iran's current nuclear program is unacceptable. Iran has concealed nuclear activities, refused to cooperate with the IAEA, and flouted UN Security Council Resolutions. Its refusal to play by the rules leads us to view its nuclear program as a critical proliferation threat. Iran therefore faces a clear choice--continue in this way and face further and tougher sanctions, or change to a UN overseen civil nuclear energy program that will bring the greatest benefits to its citizens.''. (9) On February 7, 2009, British Foreign Secretary David Miliband stated, ``We welcome US willingness to talk to Iran. But if Iran doesn't respond we will need to be ready to impose much tougher sanctions, even if that imposes costs on us here in Europe. In this instance, nuclear security must come above commercial interests.''. (10) On February 7, 2009, German Chancellor Angela Merkel stated, ``Let me be quite clear. We have offered to enter into negotiations with Iran and we want a diplomatic solution. These offers are on the table. . . . We're prepared to travel along this road together, but we are also prepared to consider tougher sanctions should there be no progress. It's imperative that we prevent Iran from acquiring nuclear weapons.''. (11) On June 23, 2008, French President Nicolas Sarkozy stated, ``So that things are clear and there is no ambiguity, I want to say that Iran's military nuclear program demands an extremely firm response by the entire international community. . . . France is determined to pursue with her partners a policy of increasingly tough sanctions until there is a shift in position.''. (12) The serious and urgent nature of the threat from Iran demands that the United States work together with our allies to do everything possible--diplomatically, politically, and economically--to prevent Iran from acquiring a nuclear weapons capability. (b) Sense of Congress.--It is the sense of the Congress that-- (1) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency and the United Nations Security Council to end Iran's illicit nuclear activities; (2) diplomatic efforts with Iran are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the Government of Iran; (3) it should be the policy of the United States to encourage foreign governments to direct state-owned entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran; (4) it should be the policy of the United States to encourage foreign governments to require private entities based in their territories to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran; (5) the President is urged to impose sanctions on the Central Bank of Iran and any other Iranian bank or financial institution engaged in proliferation activities or support of terrorist groups; (6) the Department of the Treasury should continue to work with our allies to take appropriate measures to protect the international financial system from deceptive and illicit practices by Iranian banks and financial institutions involved in proliferation activities or support of terrorist groups; (7) the concerns of the United States regarding Iran are strictly the result of the actions of the Government of Iran; and (8) the people of the United States-- (A) have feelings of friendship for the people of Iran; (B) regret that developments in recent decades have created impediments to that friendship; and (C) hold the people of Iran, their culture, and their ancient and rich history in the highest esteem. SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996. (a) Expansion of Sanctions.--Section 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ``(a) Sanctions With Respect to the Development of Petroleum Resources of Iran and Exportation of Refined Petroleum to Iran.-- ``(1) Development of petroleum resources of iran.-- ``(A) Investment.--Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6(a) if the President determines that a person has, with actual knowledge, on or after the date of this Act, made an investment of $20,000,000 or more (or any combination of investments of at least $5,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran's ability to develop petroleum resources of Iran. ``(B) Production of refined petroleum resources.-- Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) (in addition to any sanctions imposed under subparagraph (A)) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of the Iran Refined Petroleum Sanctions Act, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair. ``(2) Exportation of refined petroleum resources to iran.-- Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of the Iran Refined Petroleum Sanctions Act, provided Iran with refined petroleum resources or engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources, including-- ``(A) providing ships or shipping services to deliver refined petroleum resources to Iran; ``(B) underwriting or otherwise providing insurance or reinsurance for such activity; or ``(C) financing or brokering such activity.''. (b) Description of Sanctions.--Section 6 of such Act is amended-- (1) by striking ``The sanctions to be imposed on a sanctioned person under section 5 are as follows:'' and inserting the following: ``(a) In General.--The sanctions to be imposed on a sanctioned person under subsections (a)(1)(A) and (b) of section 5 are as follows:''; and (2) by adding at the end the following: ``(b) Additional Sanctions.--The sanctions to be imposed on a sanctioned person under paragraphs (1)(B) and (2) of section 5(a) are as follows: ``(1) Foreign exchange.--The President shall, under such regulations as the President may prescribe, prohibit any transactions in foreign exchange by the sanctioned person. ``(2) Banking transactions.--The President shall, under such regulations as the President may prescribe, prohibit any transfers of credit or payments between, by, through, or to any financial institution, to the extent that such transfers or payments involve any interest of the sanctioned person. ``(3) Property transactions.--The President shall, under such regulations as the President may prescribe, prohibit any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation, or exportation of, dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which the sanctioned person has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States.''. (c) Presidential Waiver.--Section 9(c)(2) of such Act is amended by amending subparagraph (C) to read as follows: ``(C) an estimate of the significance of the provision of the items described in paragraph (1) or (2) of section 5(a) or section 5(b) to Iran's ability to develop its petroleum resources, enhance its ability to import refined petroleum resources, or develop its weapons of mass destruction or other military capabilities (as the case may be); and''. (d) Reports on United States Efforts To Curtail Certain Business Transactions Relating to Iran.--Section 10 of such Act is amended by adding at the end the following: ``(d) Reports on Certain Business Transactions Relating to Iran.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Iran Refined Petroleum Sanctions Act, and every 6 months thereafter, the President shall submit a report to the appropriate congressional committees regarding any person who has-- ``(A) provided Iran with refined petroleum resources; ``(B) engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources; or ``(C) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources. ``(2) Description.--For each activity set forth in subparagraphs (A) through (C) of paragraph (1), the President shall provide a complete and detailed description of such activity, including-- ``(A) the date or dates of such activity; ``(B) the name of any persons who participated or invested in or facilitated such activity; ``(C) the United States domiciliary of the persons referred to in subparagraph (B); ``(D) any Federal Government contracts to which the persons referred to in subparagraph (B) are parties; and ``(E) the steps taken by the United States to respond to such activity. ``(3) Form of reports; publication.--The reports required under this subsection shall be-- ``(A) submitted in unclassified form, but may contain a classified annex; and ``(B) published in the Federal Register.''. (e) Clarification and Expansion of Definitions.--Section 14 of such Act is amended-- (1) in paragraph (13)(B)-- (A) by inserting ``financial institution, insurer, underwriter, guarantor, any other business organization, including any foreign subsidiary, parent, or affiliate of such a business organization,'' after ``trust,''; and (B) by inserting ``, such as an export credit agency'' before the semicolon at the end; and (2) in paragraph (14), by striking ``petroleum and natural gas resources'' and inserting ``petroleum, petroleum by- products, oil or liquefied natural gas, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or liquefied natural gas''. (f) Conforming Amendment.--Section 4 of such Act is amended-- (1) in subsection (b)(2), by striking ``(in addition to that provided in subsection (d))''; and (2) by striking subsection (d).

Iran Refined Petroleum Sanctions Act - Expresses the sense of Congress that: (1) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency (IAEA) and the U.N. Security Council to end Iran's illicit nuclear activities; (2) diplomatic efforts with Iran are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the government of Iran; (3) it should be U.S. policy to encourage foreign governments to direct state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran; (4) the President is urged to impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups; (5) the Department of the Treasury should continue to work with allies to protect the international financial system from deceptive and illicit practices by Iranian financial institutions involved in proliferation activities or support of terrorist groups; (6) U.S. concerns regarding Iran are strictly the result of that government’s actions; and (7) the people of the United States have feelings of friendship for the people of Iran and regret that developments in recent decades have created impediments to that friendship. Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more current sanctions under such Act if a person has, with actual knowledge, made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources. (Under current law the sanction thresholds are $40 million, $10 million, and $40 million, respectively.) Directs the President to impose: (1) sanctions established under this Act (in addition to any current sanctions imposed under the Iran Sanctions Act of 1996) if a person has, with actual knowledge, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair; and (2) sanctions established under this Act if a person has, with actual knowledge, provided Iran with refined petroleum resources or engaged in any activity that could contribute to Iran's ability to import refined petroleum resources, including providing shipping, insurance, or financing services for such activity. Establishes additional sanctions prohibiting specified foreign exchange, banking, and property transactions. Includes references to refined petroleum resources in a presidential report to Congress requesting waiver of sanctions for purposes of national interest. Directs the President to report to the appropriate congressional committees every six months regarding any person who has: (1) provided Iran with refined petroleum resources; (2) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources; or (3) engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources.

A bill to amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran.

SECTION 1. PROVISION OF MENTAL HEALTH SERVICES BY DEPARTMENT OF VETERANS AFFAIRS FOR VETERANS AND FAMILY MEMBERS WITH LIMITED ENGLISH PROFICIENCY. (a) In General.-- (1) Requirement.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following new section: ``Sec. 1713. Mental health services; languages other than English ``(a) Availability of Counseling in Languages Other Than English.-- In providing counseling and other mental health services authorized by law to a veteran who has limited proficiency in English, the Secretary shall ensure that such counseling and services are available to that veteran in both English and a language other than English in which the veteran is proficient, if requested by the veteran. ``(b) Identification of Limited English Proficient Veterans.--For purposes of this section, the Secretary shall develop procedures for identifying veterans who have limited proficiency in English and of informing those veterans of the provisions of subsection (a).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1712B the following new item: ``1713. Mental health services; languages other than English''. (b) Family Members.--Section 1782 of such title is amended by adding at the end the following new subsections: ``(e) Additional Counseling.--In addition to services authorized by subsections (a) and (b), the Secretary shall, in connection with the service of a veteran in the active military, naval, or air service, provide to an individual described in subsection (c) such counseling and mental health services as are requested by the individual, except to the extent that the Secretary determines that such counseling and mental health services are not needed. ``(f) Bilingual Counseling.--(1) In providing counseling and mental health services under this section and bereavement counseling under section 1783 of this title, the Secretary shall ensure, in the case of an individual who has limited proficiency in English, that such counseling and services are available to that individual in both English and a language other than English in which the individual is proficient, if requested by the individual. ``(2) For purposes of this subsection, the Secretary shall develop procedures for identifying individuals who have limited proficiency in English and of informing those individuals of the provisions of paragraph (1).''. (c) Effective Date.--Section 1713 of title 38, United States Code, as added by subsection (a)(1), and subsections (e) and (f) of section 1782 of such title, as added by subsection (b), shall take effect at the end of the 120-day period beginning on the date of the enactment of this Act. SEC. 2. CODIFICATION FOR DEPARTMENT OF VETERANS AFFAIRS OF REQUIREMENTS OF EXECUTIVE ORDER 13166. (a) System for Access to Services.--The Secretary of Veterans Affairs shall implement a system by which persons with limited English proficiency can meaningfully access the services provided by the Department of Veterans Affairs consistent with, and without unduly burdening, the fundamental mission of that Department. The Secretary shall work to ensure that recipients of financial assistance under programs of the Department provide meaningful access to applicants and beneficiaries with limited English proficiency. (b) Plan.--The Secretary shall implement a plan to improve access to programs and activities of the Department of Veterans Affairs by eligible persons with limited English proficiency. The plan shall be consistent with the standards set forth in the guidance issued by the Attorney General and shall include the steps the Secretary will take to ensure that eligible persons with limited English proficiency can meaningfully access the programs and activities of the Department. SEC. 3. IMPLEMENTATION. In developing and implementing the plan under section 2(b), the Secretary shall, at a minimum, carry out the following: (1) The Secretary shall conduct a thorough assessment of the language needs of the population served by the Department of Veterans Affairs, including identifying the non-English languages that are likely to be encountered. (2) The Secretary shall develop and implement a comprehensive language assistance program, which shall include-- (A) hiring bilingual staff and interpreters for patient and client contact positions; and (B) translating written materials (such as consent forms, notice of free language assistance, and outreach materials) into languages other than English. (3) The Secretary shall train staff of the Department on the access policy of the Department with respect to persons with limited English proficiency and on carrying out that policy. (4) The Secretary shall establish vigilant monitoring and oversight to ensure that persons with limited English proficiency have meaningful access to health care and services. (5) The Secretary shall establish a task force to evaluate implementation and to prioritize needed actions to implement the access plan for persons with limited English proficiency. (6) The Secretary shall develop a specific plan to ensure seamless transition of veterans and their families from benefits and services provided by the Department of Defense to benefits and services provided by the Department of Veterans Affairs, including bilingual readjustment and bereavement counseling. (7) The Secretary shall establish a process to translate vital documents and other materials, including materials on the World Wide Web, brochures distributed as part of outreach efforts to servicemembers transitioning into civilian life, and the post-deployment health reassessment program. (8) The Secretary shall conduct outreach to veterans and their families in communities which may have higher proportions of populations with limited English proficiency to ensure they are aware of eligibility for benefits and services from the Department of Veterans Affairs. SEC. 4. REPORT ON IMPLEMENTATION BY VETERANS HEALTH ADMINISTRATION OF DIRECTIVE ON IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation by the Veterans Health Administration of the Department of Veterans Affairs of the directive of the Veterans Health Administration designated ``VHA Directive 2002- 006'' that was issued by the Under Secretary for Health of the Department of Veterans Affairs on January 31, 2002, and that issued policy to implement prohibitions on discrimination on the basis of national origin for persons with limited English proficiency in Federally-conducted programs and activities and in Federal financial assisted programs. (b) Capacity to Provide Services to LEP Servicemembers.--The Secretary shall include in the report an analysis of the capacity of the Department of Veterans Affairs to provide services to members of the Armed Forces with limited English proficiency.

Amends federal veterans' benefits provisions to direct the Secretary of Veterans Affairs, in providing counseling and other mental health services to a veteran who has limited proficiency in English, to ensure that such services are available in both English and a language in which that veteran is proficient, if requested by the veteran. Requires such availability also for the family members of such a veteran. Requires the Secretary to implement a system by which persons with limited English proficiency can access services provided by the Department of Veterans consistent with, and without unduly burdening, the Department's fundamental mission. Requires a report from the Secretary to the congressional veterans' committees on the implementation by the Department's Veterans Health Administration of a specified directive to implement prohibitions on discrimination on the basis of national origin for persons with limited English proficiency in federally-conducted programs and activities and in federal financial-assisted programs.

To require the Department of Veterans Affairs to provide mental health services in languages other than English, as needed, for veterans and family members with limited English proficiency, to expand the scope of mental health services provided to family members of veterans, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Investing in Our Future Act of 2011''. (b) Findings.--Congress finds the following: (1) While Wall Street continues to reap massive profits, the 2008 global economic crisis they helped cause has destabilized economies and impacted the budgets of the United States and impoverished nations, compromising the ability of governments to address pressing needs. (2) The scope of the financial crisis distorted our national deficit. The Congressional Budget Office estimates that Federal deficit spending is now at a record $1.5 trillion. (3) Millions of people around the world have been pushed into poverty because of the global financial crisis, through no fault of their own. (4) The impacts of climate change, disease, and ill health undermine the economies of developing nations and their ability to contribute to a secure, stable world. (5) Predictable, adequate, sustainable, long-term, public funding to address global health and climate change in developing countries at the scale needed does not currently exist but it is urgently needed. (6) Cutting vital domestic programs such as education, health care, and nutrition assistance to reduce the national debt will have a harmful impact on the long-term prosperity of the country. Alternative revenue generating mechanisms must be considered to reduce the national debt and meet international development and climate needs. (7) The financial institutions that caused the financial crisis should play a significant role in providing funds that will help developing countries mitigate and adapt to climate change, fight global HIV/AIDS, improve maternal and child health in impoverished nations, and reduce the national deficit. (8) Currency speculation by financial institutions has destabilizing impacts on the real economy and can contribute to financial crises. (9) In 2008, $4 trillion in daily currency transactions were undertaken, nearly 80 percent of which by a few major banks, without taxation. (10) A tax on the currency market would be paid by these same banks that caused the financial crisis and would generate funds to help reduce our deficit. (11) A small levy on currency would curb some speculative transactions, bringing greater stability into the currency market. (12) Collection of a small tax would not disrupt legitimate trading in the currency trading markets and would have no significant impact on individual travelers or United States corporations doing business. (13) The Secretary of State, Secretary of the Treasury, and the nations in the Organization for Economic Cooperation and Development should work together to implement a broader currency transaction tax to reduce the Federal deficit and fund global health, poverty, and climate change initiatives. SEC. 2. EXCISE TAX ON CURRENCY TRANSACTIONS. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Currency Transactions ``Sec. 4475. Currency transactions. ``SEC. 4475. CURRENCY TRANSACTIONS. ``(a) In General.--There is hereby imposed a tax on each currency transaction made by, or on behalf of, a United States person. ``(b) Exception for Low-Value Transactions.-- ``(1) In general.--Subsection (a) shall not apply to any currency transaction made by, or on behalf of, a United States person, if the aggregate value of the currencies acquired by such person in all such transactions made during the calendar year does not exceed $10,000. ``(2) Coordination with withholding rules.--Subsection (e)(2) shall not apply to any currency transaction unless the value of the currency acquired by the United States person in such transaction exceeds $10,000. The preceding sentence shall not apply if the person who facilitates such currency transaction knows, or has reason to know, that the exception provided by paragraph (1) does not apply to such transaction. ``(c) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed under subsection (a) with respect to any currency transaction shall be equal to 0.005 percent of the value of the currency acquired in the transaction. ``(2) Special rule for currency derivatives.--In the case of any currency derivative, the value of the currency acquired in the transaction shall be treated for purposes of this section as being equal to-- ``(A) in the case of a forward contract, the value of the currency purchased or sold forward, ``(B) in the case of a notional principal contract, the value of the notional principal amount of the contract, ``(C) in the case of an option, the value of the currency that would be acquired in the event the option were exercised, and ``(D) in the case of any other currency derivative, the value as determined by the Secretary. ``(3) Valuation of currency.--For purposes of this section, the valuation of any currency shall be determined in the taxpayer's functional currency (within the meaning of section 985) at the spot rate on the date of the transaction. ``(d) Currency Transaction.--For purposes of this section-- ``(1) In general.--The term `currency transaction' means-- ``(A) the exchange of any currency for another currency, and ``(B) entering into any currency derivative. ``(2) Currency derivative.--The term `currency derivative' means-- ``(A) any currency notional principal contract, and ``(B) any option, forward contract, short position, hedge, or similar financial instrument with respect to any currency or currency notional principal contract. ``(e) Liability for Tax; Withholding.-- ``(1) Liability for tax.--The tax imposed under subsection (a) with respect to any currency transaction shall be paid by the United States person referred to in subsection (a). Such person shall be allowed a credit against such tax in the amount withheld as tax under paragraph (2) with respect to such transaction. ``(2) Withholding by currency transaction facilitators.-- ``(A) In general.--Except as provided in subparagraph (B), each United States person which facilitates a currency transaction by, or on behalf of, a United States person shall deduct and withhold from the amount involved in such transaction a tax equal to the amount of the tax imposed under section 4475 with respect to such transaction. ``(B) Amounts withheld only once.--The Secretary shall prescribe regulations or other guidance to ensure that only one United States person deducts and withholds the amount described in subparagraph (A) with respect to each currency transaction. Such regulations or other guidance shall (subject to such exceptions as the Secretary may prescribe) require-- ``(i) in the case of a currency transaction which is confirmed and matched by a United States person, that such person so deduct and withhold such amount, and ``(ii) in the case of a currency transaction not described in clause (i) which is settled by a United States person, that such person so deduct and withhold such amount. ``(3) Coordination with other sections.--For purposes of so much of subtitle F (other than section 7205) as relates to chapter 24, amounts which are subject to withholding under paragraph (2) shall be treated as if they were wages paid by an employer to an employee (and amounts deducted and withheld under paragraph (2) shall be treated as if deducted and withheld under section 3402). ``(f) Application to Expanded Affiliated Groups.-- ``(1) In general.--For purposes of this section, all members of the same expanded affiliated group shall be treated as one person for purposes of this section. ``(2) Expanded affiliated group.--For purposes of this subsection, the term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined-- ``(A) by substituting `more than 50 percent' for `at least 80 percent' each place it appears, and ``(B) without regard to paragraphs (2) and (3) of section 1504(b). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence).''. (b) Clerical Amendment.--The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. currency transactions''. (c) Effective Date.--The amendments made by this section shall apply to transactions after December 31, 2011. SEC. 3. FUNDING FOR CHILD CARE. (a) Child Care Assistance Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Child Care Assistance Trust Fund'', consisting of such amounts as may be appropriated or credited to the Child Care Assistance Trust Fund as provided in this section. (2) Transfer to trust fund of amounts equivalent to certain taxes.--There are hereby appropriated to the Child Care Assistance Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 10 percent of the taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986. (3) Expenditures from trust fund.--Amounts in the Child Care Assistance Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (b). (4) Management of trust fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the provisions of this subsection shall be treated as provisions of subchapter A of such chapter. (b) Child Care Assistance Grants.-- (1) In general.--Any appropriation under subsection (a)(3) from the Child Care Assistance Trust Fund shall be allocated among the States as an increase in the amount determined under section 418(a)(1) of the Social Security Act in the same proportion as the amount determined under such section with respect to such State (determined without regard to this subsection) bears to the aggregate amounts so determined with respect to all of the States. (2) Funding to be additional.--It is the sense of the Congress that amounts made available under this subsection shall be in addition to (and shall not be a replacement for) other funding for child care assistance. SEC. 4. MULTILATERAL GLOBAL HEALTH PROGRAMS. (a) Multilateral Global Health Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Multilateral Global Health Trust Fund'', consisting of such amounts as may be appropriated or credited to the Multilateral Global Health Trust Fund as provided in this section. (2) Transfer to trust fund of amounts equivalent to certain taxes.--There are hereby appropriated to the Multilateral Global Health Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 25 percent of the taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986. (3) Expenditures from trust fund.--Amounts in the Multilateral Global Health Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (b). (4) Management of trust fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the provisions of this subsection shall be treated as provisions of subchapter A of such chapter. (b) Multilateral Global Health Grant Program.-- (1) In general.--The Secretary of State shall make grants to assist developing countries in addressing HIV/AIDS, tuberculosis, malaria, maternal mortality, family planning, neglected diseases, and other health issues affecting developing countries. (2) Eligibility for grants.--Grants under paragraph (1) may be made to-- (A) the Global Fund to Fight AIDS, Tuberculosis and Malaria to provide grants described in paragraph (1), and (B) other multilateral health funding mechanisms which the Secretary certifies-- (i) provide a significant majority of their total funding to programs in the form of grants, (ii) include independent and external technical review of programs in the awarding of funding, (iii) include governance structures that involve donor governments, implementing governments, civil society, and affected communities as equal decisionmakers, (iv) provide funding based on plans developed by implementing countries through country-level processes that include equal and meaningful involvement of civil society and impacted communities, (v) require measures of performance of all projects and formal mechanisms that condition continued financing on successful performance and outcomes, and (vi) include mechanisms for strict financial accountability and provides transparency of all decisions, evaluations, and finances through publically accessible documents. (3) Funding to be additional.--It is the sense of the Congress that grants made under this subsection shall be in addition to (and shall not be a replacement for) other funding for global health initiatives in developing countries. SEC. 5. GLOBAL CLIMATE CHANGE ADAPTATION AND MITIGATION. (a) Global Climate Change Adaptation and Mitigation Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Global Climate Change Adaptation and Mitigation Trust Fund'', consisting of such amounts as may be appropriated or credited to the Global Climate Change Adaptation and Mitigation Trust Fund as provided in this section. (2) Transfer to trust fund of amounts equivalent to certain taxes.--There are hereby appropriated to the Global Climate Change Adaptation and Mitigation Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 25 percent of the taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986. (3) Expenditures from trust fund.--Amounts in the Global Climate Change Adaptation and Mitigation Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (b). (4) Management of trust fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the provisions of this subsection shall be treated as provisions of subchapter A of such chapter. (b) Global Climate Change Adaptation and Mitigation Program.-- (1) In general.--Any appropriation under subsection (a)(3) from the Global Climate Change Adaptation and Mitigation Trust Fund shall be made for contributions to the Green Climate Fund, and the Adaptation Fund, established pursuant to the United Nations Framework Convention on Climate Change (UNFCCC). (2) Funding to be additional.--It is the sense of the Congress that contributions made under this subsection shall be in addition to (and shall not be a replacement for) other funding for global climate change adaptation and mitigation initiatives in developing countries. SEC. 6. DEFICIT REDUCTION. The amount of taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986 (reduced by amounts appropriated under sections 3, 4, and 5) shall be used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amount shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).

Investing in Our Future Act of 2011- Amends the Internal Revenue Code to impose an excise tax on currency transactions exceeding $10,000 equal to 0.005% of the value of the currency acquired in the transaction (currency transaction tax). Establishes in the Treasury: (1) the Child Care Assistance Trust Fund, which shall be funded with 10% of the revenues from the currency transactions tax and which shall be used to provide increased allocations to states for child care assistance; (2) the Multilateral Global Health Trust Fund, which shall be funded with 25% of the revenues from such tax and from which the Secretary of State shall make grants to assist developing countries in addressing HIV/AIDS, tuberculosis, malaria, maternal mortality, family planning, neglected diseases, and other health issues; and (3) the Global Climate Change Adaptation and Mitigation Trust Fund, which shall be funded with 25% of the revenues from such tax and which shall be used for contributions to the Green Climate Fund, and the Adaptation Fund, established pursuant to the United Nations Framework Convention on Climate Change. Requires remaining tax revenues to be used for federal budget deficit reduction or reduction of the federal debt.

To amend the Internal Revenue Code of 1986 to impose an excise tax on currency transactions.

SECTION 1. SHORT TITLE; AMENDMENTS OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Natural Disaster Tax Relief Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO REPLACE HOMES. (a) In General.--No additional tax shall be imposed under section 72(t) of the Internal Revenue Code of 1986 on any distribution described in subsection (b) to the extent such distribution is used, within 60 days of the distribution, to pay qualified acquisition costs with respect to a principal residence of an eligible individual. (b) Distributions.--Subsection (a) shall apply to distributions-- (1) from an individual retirement plan, or (2) from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) of the Internal Revenue Code of 1986 or section 501(c)(18)(D)(iii) of such Code. (c) Definitions and Special Rules.-- (1) Eligible individual.--The term ``eligible individual'' means an individual-- (A) who receives a distribution described in subsection (b), or who is the spouse, child, or grandchild of such individual, and (B) whose principal residence was destroyed or substantially damaged by Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. (2) Qualified acquisition costs.--The term ``qualified acquisition costs'' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. (3) Principal residence.--The term ``principal residence'' has the same meaning as when used in section 1034 of such Code. (4) Distributions allowed.--A distribution to which subsection (a) applies shall be treated as a distribution allowed under section 401(k)(2)(B)(i) or 403(b)(11) of such Code. (5) Transition.--In the case of any distribution before the date of the enactment of this Act, qualified acquisition costs paid within 90 days of such date shall be treated as paid within 60 days of the distribution. (d) Effective Date.--This section shall apply to distributions after July 31, 1992. SEC. 3. SPECIAL RULE FOR INCLUSION OF CROP PROCEEDS OF CERTAIN DISASTER VICTIMS. (a) In General.--If, for the taxpayer's taxable year which includes the designation date described in subsection (b), the taxpayer has income derived from the sale or exchange of crops grown in a qualified disaster area, the taxpayer may elect to include such income for the taxable year following the taxable year in which such sale or exchange occurs. (b) Qualified Disaster Area.--For purposes of subsection (a), the term ``qualified disaster area'' means an area designated by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. (c) Limitation.--Subsection (a) shall apply only to a taxpayer whose principal trade or business is farming (within the meaning of section 6420(c)(3) of the Internal Revenue Code of 1986). (d) Special Rules for Self-Employment Tax.--If, for any taxable year, a taxpayer includes in gross income any amounts which, but for subsection (a), would have been included in gross income for the preceding taxable year, then the applicable contribution base for purposes of section 1402(b) of such Code for the taxable year of inclusion shall be increased by the lesser of-- (1) the applicable contribution base for the preceding taxable year, reduced by the self-employment income of the taxpayer for the preceding taxable year, or (2) the amounts so included in gross income for the taxable year of inclusion. (e) Effective Date.--The provisions of this section shall apply to taxable years ending after December 31, 1991. SEC. 4. MODIFICATION OF INVOLUNTARY CONVERSION RULES FOR CERTAIN DISASTER-RELATED CONVERSIONS. (a) In General.--Section 1033 (relating to involuntary conversions) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Special Rules for Principal Residences Damaged by Presidentially Declared Disasters.-- ``(1) In general.--If the taxpayer's principal residence or any of its contents is compulsorily or involuntarily converted as a result of a Presidentially declared disaster-- ``(A) Treatment of insurance proceeds.-- ``(i) Exclusion for unscheduled personal property.--No gain shall be recognized by reason of the receipt of any insurance proceeds for personal property which was part of such contents and which was not scheduled property for purposes of such insurance. ``(ii) Other proceeds treated as common fund.--In case of any insurance proceeds (not described in clause (i)) for such residence or contents-- ``(I) such proceeds shall be treated as received for the conversion of a single item of property, and ``(II) any property which is similar or related in service or use to the residence so converted (or contents thereof) shall be treated for purposes of subsection (a)(2) as property similar or related in service or use to such single item of property. ``(B) Extension of replacement period.--Subsection (a)(2)(B) shall be applied with respect to any property so converted by substituting `4 years' for `2 years'. ``(2) Presidentially declared disaster.--For purposes of this subsection, the term `Presidentially declared disaster' means any disaster which, with respect to the area in which the residence is located, resulted in a subsequent determination by the President that such area warrants assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(3) Principal residence.--For purposes of this subsection, the term `principal residence' has the same meaning as when used in section 1034, except that no ownership requirement shall be imposed.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property compulsorily or involuntarily converted as a result of disasters for which the determination referred to in section 1033(h)(2) of the Internal Revenue Code of 1986 (as added by this section) is made on or after September 1, 1991, and to taxable years ending on or after such date. SEC. 5. APPLICATION OF LOW-INCOME HOUSING CREDITS AND MORTGAGE REVENUE BONDS TO NATURAL DISASTER AREAS. (a) Low-Income Housing Credits.-- (1) Waiver of 24-month completion requirement.--In the case of any qualified building located in a qualified disaster area with respect to which a low-income housing allocation is made before the occurrence of the natural disaster, the Secretary may extend the period described in section 42(h)(1)(E)(i) of the Internal Revenue Code of 1986 to not later than the close of the fourth calendar year following the calendar year in which the allocation is made. (2) Waiver of written income verification requirement.-- (A) In general.--With respect to any occupant of a low-income unit in any qualified low-income building located in a qualified disaster area or any such occupant in any other qualified low-income building who immediately prior to such occupation resided in a qualified disaster area, the Secretary may waive the requirements of paragraphs (1) and (2) of section 42(l) of such Code regarding occupant income information until such information is reasonably obtainable. (B) Discovery of ineligibility.--If upon receipt of occupant income information the income of any occupant of a low-income unit in the building is determined to exceed the income limitation under section 42(g) of such Code, such unit shall continue to be treated as a low-income unit if no subsequently available residential rental unit in the building is occupied by a new resident whose income exceeds such income limitation and such occupant vacates the unit upon the later of the lease termination or 30 days after receipt of such information by the Secretary. (3) Waiver of tenant income limitations.--With respect to any tenant occupying a unit in a qualified low-income housing project located in a qualified disaster area who relocates to any other unit of a qualified low-income housing project, the Secretary may waive the income limitation of subparagraph (A) or (B) of section 42(g)(1) of such Code if the income of such tenant does not exceed 140 percent of such income limitation. (4) Waiver of 6-month residence requirement.--With respect to any unit in a building located in a qualified disaster area or any unit occupied by individuals who immediately prior to such occupation resided in a qualified disaster area, the Secretary may waive the requirement of clause (i) of section 42(i)(3)(B) of such Code and allow the use of such unit on a transient basis. (5) Waiver on 10-year rule for existing buildings.--The Secretary may waive the requirement of subparagraph (B)(ii) of section 42(d)(2) of such Code with respect to any building located in a qualified disaster area. (6) Waiver of the national pool allocation.--The Secretary may modify the formula described in the penultimate sentence of section 42(h)(3)(D)(iii) of such Code for any calendar year with respect to the allocation to any qualified State in which is located a qualified disaster area to increase such allocation to take into account the effects of such disaster. (7) Effective date.--This subsection shall take effect on July 1, 1992. (b) Waiver of Dollar Limitation for Home Improvement Loans for Residences in Qualified Disaster Areas.--The $15,000 limitation specified in the last sentence of section 143(k)(4) of such Code shall not apply to any loan for residences located in a qualified disaster area if such loan is made on or after June 30, 1992, and before January 1, 1994. (c) Qualified Disaster Area.--For purposes of this section, the term ``qualified disaster area'' means an area designated by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Andrew, Hurricane Iniki, or Typhoon Omar.

Natural Disaster Tax Relief Act of 1993 - Amends the Internal Revenue Code to allow penalty-free distributions from individual retirement plans to pay acquisition costs to replace a principal residence that was destroyed or substantially damaged by the disasters Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. Allows a farmer who has income derived from the sale or exchange of crops grown in such disaster areas, to elect to defer such income for the next taxable year. Provides a special rule for the self-employment tax. Requires the nonrecognition of gain of insurance proceeds for the contents of principal residences compulsorily or involuntarily converted as a result of a presidentially-declared disaster. Allows insurance proceeds from personal property and real property to be lumped together into one common fund. Extends the time to replace a principal residence so converted from two years to four years. Waives certain requirements with respect to low-income housing in areas damaged by the disasters Hurricane Andrew, Hurricane Iniki, or Typhoon Omar. Waives the dollar limitation for home improvement loans through mortgage revenue bonds for residences in such disaster areas.

Natural Disaster Tax Relief Act of 1993

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Secretary of Agriculture (referred to in this Act as the ``Secretary'') administers the 191,000,000-acre National Forest System for multiple uses in accordance with Federal law; (2) where suitable, one of the recognized multiple uses for National Forest System land is grazing by livestock; (3) the Secretary authorizes grazing through the issuance of term grazing permits that have terms of not to exceed 10 years and that include terms and conditions necessary for the proper administration of National Forest System land and resources; (4) as of the date of enactment of this Act, the Secretary has issued approximately 9,000 term grazing permits authorizing grazing on approximately 90,000,000 acres of National Forest System land; (5) of the approximately 9,000 term grazing permits issued by the Secretary, approximately one-half have expired or will expire by the end of 1996; (6) if the holder of an expiring term grazing permit has complied with the terms and conditions of the permit and remains eligible and qualified, that individual is considered to be a preferred applicant for a new term grazing permit in the event that the Secretary determines that grazing remains an appropriate use of the affected National Forest System land; (7) in addition to the approximately 9,000 term grazing permits issued by the Secretary, it is estimated that as many as 1,600 term grazing permits may be waived by permit holders to the Secretary in favor of a purchaser of the permit holder's permitted livestock or base property by the end of 1996; (8) to issue new term grazing permits, the Secretary must comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other laws; (9) for a large percentage of the grazing permits that will expire or be waived to the Secretary by the end of 1996, the Secretary has devised a strategy that will result in compliance with the National Environmental Policy Act of 1969 and other applicable laws (including regulations) in a timely and efficient manner and enable the Secretary to issue new term grazing permits, where appropriate; (10) for a small percentage to the grazing permits that will expire or be waived to the Secretary by the end of 1996, the strategy will not provide for the timely issuance of new term grazing permits; and (11) in cases in which ranching operations involve the use of a term grazing permit issued by the Secretary, it is essential for new term grazing permits to be issued in a timely manner for financial and other reasons. (b) Purpose.--The purpose of this Act is to ensure that graving continues without interruption on National Forest System land in a manner that provides long-term protection of the environment and improvement of National Forest System rangeland resources while also providing short-term certainty to holders of expiring term grazing permits and purchasers of a permit holder's permitted livestock or base property. SEC. 2. DEFINITIONS. In this Act: (1) Expiring term grazing permit.--The term ``expiring term grazing permit'' means a term grazing permit-- (A) that expires in 1995 or 1996; or (B) that expired in 1994 and was not replaced with a new term grazing permit solely because the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws has not been completed. (2) Final agency action.--The term ``final agency action'' means agency action with respect to which all available administrative remedies have been exhausted. (3) Term grazing permit.--The term ``term grazing permit'' means a term'' grazing permit'' or grazing agreement issued by the Secretary under section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752), section 19 of the Act entitled ``An Act to facilitate and simplify the work of the Forest Service, and for other purposes'', approved April 24, 1950 (commonly known as the ``Granger-Thye Act'') (16 U.S.C. 580l), or other law. SEC. 3. ISSUANCE OF NEW TERM GRAZING PERMITS. (a) In General.--Notwithstanding any other law, the Secretary shall issue a new term grazing permit without regard to whether the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws has been completed, or final agency action respecting the analysis has been taken-- (1) to the holder of an expiring term grazing permit; or (2) to the purchaser of a term grazing permit holder's permitted livestock or base property if-- (A) between January 1, 1995, and December 1, 1996, the holder has waived the term grazing permit to the Secretary pursuant to section 222.3(c)(1)(iv) of title 36, Code of Federal Regulations; and (B) the purchaser of the term grazing permit holder's permitted livestock or base property is eligible and qualified to hold a term grazing permit. (b) Terms and Conditions.--Except as provided in subsection (c)-- (1) a new term grazing permit under subsection (a)(1) shall contain the same terms and conditions as the expired term grazing permit; and (2) a new term grazing permit under subsection (a)(2) shall contain the same terms and conditions as the waived permit. (c) Duration.-- (1) In general.--A new term grazing permit under subsection (a) shall expire on the earlier of-- (A) the date that is 3 years after the date on which it is issued; or (B) the date on which final agency action is taken with respect to the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. (2) Final action in less than 3 years.--If final agency action is taken with respect to the analysis required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws before the date that is 3 years after the date on which a new term grazing permit is issued under subsection (a), the Secretary shall-- (A) cancel the new term grazing permit; and (B) if appropriate, issue a term grazing permit for a term not to exceed 10 years under terms and conditions as are necessary for the proper administration of National Forest System rangeland resources. (d) Date of Issuance.-- (1) Expiration on or before date of enactment.--In the case of an expiring term grazing permit that has expired on or before the date of enactment of this Act, the Secretary shall issue a new term grazing permit under subsection (a)(1) not later than 15 days after the date of enactment of this Act. (2) Expiration after date of enactment.--In the case of an expiring term grazing permit that expires after the date of enactment of this Act, the Secretary shall issue a new term grazing permit under subsection (a)(1) on expiration of the expiring term grazing permit. (3) Waived permits.--In the case of a term grazing permit waived to the Secretary pursuant to section 222.3(c)(1)(iv) of title 36, Code of Federal Regulations, between January 1, 1995, and December 31, 1996, the Secretary shall issue a new term grazing permit under subsection (a)(2) not later than 60 days after the date on which the holder waives a term grazing permit to the Secretary. SEC. 4. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW. The issuance of a new term grazing permit under section 3(a) shall not be subject to administrative appeal or judicial review. SEC. 5. REPEAL. This Act is repealed effective as of January 1, 2001.

Requires the Secretary of Agriculture to issue new term grazing permits for National Forest System lands to replace previously issued expired or expiring permits.

To require the Secretary of Agriculture to issue new term permits for grazing on National Forest System lands, to replace previously issued term grazing permits that have expired, soon will expire, or are waived to the Secretary, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Custodial Interrogation Recording Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the National Conference of Commissioners on Uniform State Laws, research has demonstrated that video recording of custodial interrogations furthers three important civic values: truth-finding, efficient and fair administration of justice, and protection of constitutional guarantees. See Richard A. Leo, Police Interrogation and American Justice 296- 305 (2008); Thomas P. Sullivan, Recording Federal Custodial Interviews, 45 Am. Crim. L. Rev. 1297 (2008). (2) Video recording of the entire process of custodial interrogation has proven to be a major advance in law enforcement, improving the ability to solve crimes and prove cases while lowering the overall costs of investigation and litigation. (3) Video recording of custodial interrogations promotes truth-finding in several ways, including by reducing the incentive to fabricate, compensating for faulty or unreliable recollections of witnesses, deterring problematic interrogation methods, filtering out weak cases, and enhancing the ability of finders of fact to assess witness credibility and veracity. (4) Video recording of custodial interrogations promotes efficiency in the administration of the criminal justice system by reducing the number of frivolous suppression motions, improving the quality of police investigations, improving the quality of review and case screening by prosecutors, and reducing the likelihood of hung juries. (5) Video recording of custodial interrogations safeguards constitutional rights and values by making it easier for courts to adjudicate motions to suppress, by making it easier for prosecutors to preserve and disclose material exculpatory evidence required under the Supreme Court decision in Brady v. Maryland, 373 U.S. 83 (1963), by making it easier for superiors to train police officers in how to comply with constitutional mandates and for the press, and by making it easier for the press, the judiciary, prosecutors, independent watchdog groups, and police administrators to identify and correct misuses of power by law enforcement. (6) Video recordings of custodial interrogations make it easier to identify and avoid biases, which would otherwise be difficult to detect and correct because such biases are often unconscious, thus operating outside police awareness. (7) Video recordings of custodial interrogations help to improve public confidence in the fairness and professionalism of policing, which in a democracy not only is a good in itself but also a proven means of reducing crime and enhancing citizen cooperation in solving crimes. (8) Video recording of the entire process of custodial interrogation is likely to be a major boon to law enforcement, improving its ability to prove its cases while lowering overall costs of investigation and litigation. Such recording will also, however, improve systemic accuracy, fairness to the accused and the State alike, protection of constitutional rights, and public confidence in the justice system. SEC. 3. AMENDMENT. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711) is amended-- (1) in section 1001(a), by adding at the end the following: ``(27) There are authorized to be appropriated to carry out part LL such sums as may be necessary for each of the first 5 fiscal years beginning after the date of the enactment of such part.''; and (2) by adding at the end the following: ``PART LL--CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS ``SEC. 3021. CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS. ``(a) Grant Program.--The Attorney General shall make grants to States and units of local government to take whatever steps the Attorney General determines to be necessary to achieve the complete and accurate recording, by both audio and video means, of every custodial interrogation occurring within the State or unit of local government. ``(b) Matching Requirement.--The portion of the costs of a program funded by a grant under this section may not exceed 75 percent. ``(c) Definition of Custodial Interrogation.--In this section, the term `custodial interrogation' means questioning or other conduct by a law enforcement officer which is reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody.''.

Custodial Interrogation Recording Act Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to make grants to states and local governments for the complete and accurate recording, by both audio and video means, of every custodial interrogation occurring within the state or unit of local government.

Custodial Interrogation Recording Act

SECTION 1. FINDINGS. Congress finds that-- (1) the Cape Fox Corporation (referred to in this Act as ``Cape Fox'') is a Village Corporation for the Native Village of Saxman, Alaska, organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); (2) similar to other Village Corporations in southeast Alaska, under section 16 of that Act (43 U.S.C. 1615), Cape Fox could select only 23,040 acres from land withdrawn for the purpose of that selection; (3) under section 22(l) of that Act (43 U.S.C. 1621(l))-- (A) the Village Corporations in southeast Alaska, other than Cape Fox, were restricted with respect to the selection of land within 2 miles of a home rule city (as that term is used in that Act); and (B) to protect the watersheds in the vicinity, Cape Fox was restricted with respect to the selection of land within 6 miles of the boundary of the home rule city of Ketchikan, Alaska; (4) the 6-mile restriction described in paragraph (3)(B) precluded Cape Fox from selecting valuable timber land, industrial sites, and other commercial property located-- (A) within the townships in which the Native Village of Saxman is located, more particularly described as T.75 S., T.76 S., R.91 E., Copper River Meridian; and (B) on surrounding land that is far removed from Ketchikan, Alaska, and its watersheds; (5) as a result of that 6-mile restriction, only the remote, mountainous, northeast corner of the property described in paragraph (4)(A), which is nonproductive and has no known economic value, was available for selection by Cape Fox, as required under section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)); (6) land selections by Cape Fox under that Act were further limited by the fact that-- (A) the Annette Island Indian Reservation is located within the applicable selection area; and (B) land of that reservation is unavailable for selection by Cape Fox; (7) Cape Fox is the only Village Corporation affected by the restrictions described in paragraphs (3)(B) and (6); (8) the Secretary of the Interior (referred to in this Act as the ``Secretary'') has advised Congress that the predicament of Cape Fox is sufficiently unique to warrant the legislative remedy provided by this Act; and (9) the adjustment of the selections available and conveyances of land to Cape Fox under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and the related adjustment of selections available and conveyances of land to the Regional Corporation for Sealaska established pursuant to that Act, are in accordance with-- (A) the purposes of that Act; and (B) the public interest. SEC. 2. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND. Notwithstanding section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)), Cape Fox shall not be required to select or receive conveyance of the approximately 160 acres of unconveyed Federal land located within sec. 1, T.75 S., R.91 E., Copper River Meridian. SEC. 3. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY. (a) Selection and Conveyance of Surface Estate.--Not later than 90 days after the date of enactment of this Act, in addition to land made available for selection under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), Cape Fox may select, and, on receiving written notice of the selection, the Secretary shall convey, the approximately 99 acres of the surface estate of Tongass National Forest land located outside the exterior selection boundary of Cape Fox (as in existence on the day before the date of enactment of this Act) and more particularly described as follows: (1) T.73 S., R.90 E., Copper River Meridian. (2) Of land located in sec. 33-- (A) the 38 acres located within the SW\1/4\SE\1/4\; (B) the 13 acres located within the NW\1/4\SE\1/4\; (C) the 40 acres located within the SE\1/4\SE\1/4\; and (D) the 8 acres located within the SE\1/4\SW\1/4\. (b) Conveyance of Subsurface Estate.--On conveyance to Cape Fox of the surface estate to the land identified in subsection (a), the Secretary shall convey to Sealaska Corporation the subsurface estate to the land. (c) Timing.--The Secretary shall complete the conveyances to Cape Fox and Sealaska Corporation under this section as soon as practicable after the date on which the Secretary receives a notice of the selection of Cape Fox under subsection (a). (d) Entitlement Fulfilled.-- (1) Definition of approved conveyance.--The term ``approved conveyance'' means the conveyance of the 40 acres described as the SW\1/4\NE\1/4\ of sec. 10, T.74 S., R.90 E., Copper River Meridian, selected and approved for conveyance by the decision of the Bureau of Land Management dated May 3, 2000. (2) Treatment as full entitlement.--The conveyance of land to Cape Fox and Sealaska Corporation pursuant to subsection (a) and the approved conveyance shall be considered to fulfill the entitlement of-- (A) Cape Fox under section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615); and (B) Sealaska Corporation to any subsurface interest in the land under section 14(f) of that Act (43 U.S.C. 1613(f)).

Declares that the Cape Fox Corporation (Cape Fox) of Saxman, Alaska, shall not be required to select or receive conveyance of specified unconveyed federal land. Allows Cape Fox to select, and requires the Secretary of the Interior to convey, on receiving written notice of the selection, the approximately 99 acres of the surface estate of Tongass National Forest land located outside the exterior selection boundary of Cape Fox. Requires the Secretary, on conveyance to Cape Fox of the surface estate to such land, to convey its subsurface estate to Sealaska Corporation.

A bill to provide equitable treatment for the people of the Village Corporation established for the Native Village of Saxman, Alaska, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Protecting Consumer Phone Records Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Unauthorized acquisition, use, or sale of confidential customer proprietary network telephone information. Sec. 3. Enhanced confidentiality procedures. Sec. 4. Penalties; extension of confidentiality requirements to other entities. Sec. 5. Enforcement by Federal Trade Commission. Sec. 6. Concurrent enforcement by Federal Communications Commission. Sec. 7. Enforcement by States. Sec. 8. Preemption of State law. Sec. 9. Consumer outreach and education. SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK TELEPHONE INFORMATION. (a) In General.--It is unlawful for any person-- (1) to acquire or use the customer proprietary network information of another person without that person's affirmative written consent, which shall include electronic consent that meets the requirements of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.); (2) to misrepresent that another person has consented to the acquisition or use of such other person's customer proprietary network information in order to acquire such information; (3) to obtain unauthorized access to the data processing system or records of a telecommunications carrier or an IP- enabled voice service provider in order to acquire the customer proprietary network information of 1 or more other persons; (4) to sell, or offer for sale, customer proprietary network information; or (5) to request that another person obtain customer proprietary network information from a telecommunications carrier or IP-enabled voice service provider, knowing that the other person will obtain the information from such carrier or provider in any manner that is unlawful under this subsection. (b) Exceptions.-- (1) Application with section 222 of communications act of 1934.--Subsection (a) does not prohibit a telecommunications carrier or an IP-enabled voice service provider or any third party that lawfully obtains customer proprietary network information from a carrier or provider from engaging in any act or practice that was not prohibited by section 222 of the Communications Act of 1934 (47 U.S.C. 222) or regulations that are consistent with the provisions of section 222, as that section and those regulations were in effect on the day before the date of enactment of this Act. (2) Application of other laws.--This Act does not prohibit any act or practice otherwise authorized by law, including any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States. (3) Treatment of ip-enabled voice service providers.-- Notwithstanding any other provision of this section, an IP- enabled voice service provider may engage in any act or practice with respect to customer proprietary network information in which a telecommunications carrier may engage under paragraph (1) of this subsection. (4) Caller id.--Nothing in this Act prohibits the use of caller identification services by any person to identify the originator of telephone calls received by that person. (c) Private Right of Action for Providers.-- (1) In general.--A telecommunications carrier or IP-enabled voice service provider may bring a civil action in an appropriate State court, or in any United States district court that meets applicable requirements relating to venue under section 1391 of title 28, United States Code, or for any judicial district in which the carrier or service provider resides or conducts business-- (A) based on a violation of this section or the regulations prescribed under this section to enjoin such violation; (B) to recover for actual monetary loss from such a violation, or to receive $11,000 in damages for each such violation, whichever is greater; or (C) both. (2) Treble damages.--If the court finds that the defendant willfully or knowingly violated this section or the regulations prescribed under this section, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1) of this subsection. (3) Inflation adjustment.--The $11,000 amount in paragraph (1)(B) shall be adjusted for inflation as if it were a civil monetary penalty, as defined in section 3(2) of the Federal Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 2461 note). (d) Private Right of Action for Consumers.-- (1) In general.--An individual who has been injured as a direct result of his or her confidential proprietary network information being obtained, used, or sold in violation of this section may file a civil action in any court of competent jurisdiction against the person who caused the injury by violating this section. (2) Remedies.--A court in which such civil action has been brought may award damages of not more than $11,000 for each violation of this section with respect to the plaintiff's customer proprietary network information. (3) Treble damages.--If the court finds that the defendant willfully or knowingly violated this section or the regulations prescribed under this section, the court may, in its discretion, increase the amount of the award to not more than 3 times the damages determined by the court under paragraph (2). (4) Inflation adjustment.--The $11,000 amount in paragraph (2) shall be adjusted for inflation as if it were a civil monetary penalty, as defined in section 3(2) of the Federal Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C. 2461 note). (e) Civil Penalty.-- (1) In general.--Any person who violates this section shall be subject to a civil penalty of not more than $11,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $11,000,000 for any single act or failure to act. (2) Separate violations.--A violation of this section with respect to the customer proprietary network information of 1 person shall be treated as a separate violation from a violation with respect to the customer proprietary network information of any other person. (f) Limitation.--Nothing in this Act or section 222 of the Communications Act of 1934 (47 U.S.C. 222) authorizes a customer to bring a civil action against a telecommunications carrier or an IP- enabled voice service provider. (g) Definitions.--In this section: (1) Customer proprietary network information.--The term ``customer proprietary network information'' has the meaning given that term by-- (A) section 222(i)(1) of the Communications Act of 1934 (47 U.S.C. 222(i)(1)) with respect to telecommunications carriers; and (B) section 715(b)(1) of such Act with respect to IP-enabled voice service providers. (2) 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 the service can originate traffic to, or terminate traffic from, the public switched telephone network. (3) Telecommunications carrier.--The term ``telecommunications carrier'' has the meaning given it by section 3(44) of the Communications Act of 1934 (47 U.S.C. 3(44)). SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES. (a) In General.--Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall-- (1) revise or supplement its regulations, to the extent the Commission determines it is necessary, to require a telecommunications carrier or IP-enabled voice service provider to protect-- (A) the security and confidentiality of customer proprietary network information (as defined in section 222(i)(1) of the Communications Act of 1934 (47 U.S.C. 222(i)(1)) or as defined in section 715(b)(1) of such Act with respect to IP-enabled voice service providers); (B) customer proprietary network information against any anticipated threats or hazards to its security or confidentiality; and (C) customer proprietary network information from unauthorized access or use that could result in substantial harm or inconvenience to its customers; and (2) ensure that any revised or supplemental regulations are similar in scope and structure to the Federal Trade Commission's regulations in part 314 of title 16, Code of Federal Regulations, as such regulations are in effect on the date of enactment of this Act, taking into consideration the differences between financial information and customer proprietary network information. (b) Compliance Certification.--Each telecommunications carrier and IP-enabled voice service provider to which the regulations under subsection (a) and section 222 or 715 of the Communications Act of 1934 apply shall file with the Commission annually a certification that, for the period covered by the filing, it has been in compliance with those requirements. SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS TO OTHER ENTITIES. (a) Penalties.--Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.) is amended by inserting after section 508 the following: ``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK INFORMATION VIOLATIONS. ``(a) Civil Forfeiture.-- ``(1) In general.--Any person determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated section 2 of the Protecting Consumer Phone Records Act shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this subsection shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this subsection shall not exceed $30,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $3,000,000 for any single act or failure to act. ``(2) Recovery.--Any forfeiture penalty determined under paragraph (1) shall be recoverable pursuant to section 504(a) of this Act. ``(3) Procedure.--No forfeiture liability shall be determined under paragraph (1) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4) of this Act. ``(4) 2-year statute of limitations.--No forfeiture penalty shall be determined or imposed against any person under paragraph (1) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability.''. (b) Extension of Confidentiality Requirements to IP-Enabled Voice Service Providers.-- (1) In general.--Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end thereof the following: ``SEC. 715. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION BY IP-ENABLED VOICE SERVICE PROVIDERS. ``(a) In General.-- ``(1) General duty of confidentiality.--An IP-enabled voice service provider has a duty to protect the confidentiality of proprietary information of, and relating to, other IP-enabled voice service providers, telecommunications carriers, equipment manufacturers, and customers, including telecommunications carriers reselling telecommunications services provided by another telecommunications carrier or an IP-enabled voice service provider. ``(2) Carrier information.--An IP-enabled voice service provider that receives or obtains proprietary information from a telecommunications carrier or another IP-enabled voice service provider for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts. ``(3) Customer proprietary network information.--Within 90 days after the date of enactment of the Protecting Consumer Phone Records Act, the Commission shall initiate a rulemaking proceeding to apply the requirements of section 222, and regulations thereunder, to IP-enabled voice service providers to the same extent, in the same manner, and subject to the same penalties for failure to comply with those requirements as are applicable to telecommunications carriers. ``(b) Definitions.--In this section: ``(1) Customer proprietary network information.--The term `customer proprietary network information' has the meaning given that term by section 222(i) of this Act, except that-- ``(A) the reference in section 222(i)(1)(B) of this Act to telephone exchange service or telephone toll service shall be considered to refer also to IP-enabled voice service; and ``(B) it does not include information that is related to non-voice service features bundled with IP- enabled voice service. ``(2) 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 IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network. ``(3) Other terms.--Except as provided in paragraph (1), any term used in subsection (a) that is defined or used in section 222 of this Act has the same meaning as when used in that section.''. (2) Duty of telecommunications carriers with respect to cpni from ip-enabled voice service providers.--Section 222(a) of the Communications Act of 1934 (47 U.S.C. 222(a)) is amended by inserting after ``carrier.'' the following: ``A telecommunications carrier has the same duties under this section with respect to the confidentiality of proprietary information of, or relating to, an IP-enabled voice service provider, and with respect to customer proprietary network information received or obtained from an IP-enabled voice service provider, as it has under this section with respect to another telecommunications carrier.''. (c) Telecommunications Carrier Notification Requirement.--Section 222 of the Communications Act of 1934 (47 U.S.C. 222), is amended-- (1) by redesignating subsection (h) as subsection (i); (2) by inserting after subsection (g) the following new subsection: ``(h) Notice of Violations.-- ``(1) In general.--The Commission shall by regulation require each telecommunications carrier to notify a customer within 14 calendar days after the carrier or provider is notified of, or becomes aware of, an incident in which customer proprietary network information relating to such customer was disclosed to someone other than the customer in violation of this section or section 2 of the Protecting Consumer Phone Records Act. ``(2) Law enforcement and homeland security related delays.--Notwithstanding paragraph (1), a telecommunications carrier may delay the required notification for a reasonable period of time if-- ``(A) a Federal or State law enforcement agency determines that giving notice within the 14-day period would materially impede a civil or criminal investigation; or ``(B) a Federal national security agency or the Department of Homeland Security determines that giv

Protecting Consumer Phone Records Act - Makes it unlawful to: (1) acquire or use customer proprietary network information without written consent; (2) represent that another person has consented in order to acquire such information; (3) obtain unauthorized access to certain systems or records in order to acquire such information; (4) sell or offer for sale such information; or (5) request that another person unlawfully obtain such information. Amends the Communications Act of 1934 to provide for a civil forfeiture penalty for violation of this Act. Imposes on IP-enabled voice service providers a duty to protect the confidentiality of specified proprietary information. Requires the Federal Communications Commission (FCC) to require each telecommunications carrier to notify customers of unlawful disclosure of such information. Prohibits a commercial mobile services provider from providing any customer's wireless telephone number information to any wireless directory assistance service without express prior customer authorization. Requires de-listing on customer request without cost to the customer. Prohibits providers from publishing the information without such authorization. Prohibits fees for exercising these rights. Preempts any inconsistent state or local requirements. Requires that violations of certain provisions of this Act be enforced by the Federal Trade Commission (FTC) and treated as unfair or deceptive acts or practices. Gives the FCC concurrent enforcement jurisdiction. Provides for enforcement by states and preemption of state law. Requires public education about the protection afforded such information.

A bill to amend the Communications Act of 1934 to prohibit the unlawful acquisition and use of confidential customer proprietary network information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Non-Discrimination Act of 1995''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity, in connection with employment or employment opportunities, shall not-- (1) subject an individual to different standards or treatment on the basis of sexual orientation, (2) discriminate against an individual based on the sexual orientation of persons with whom such individual is believed to associate or to have associated, or (3) otherwise discriminate against an individual on the basis of sexual orientation. SEC. 3. BENEFITS. This Act does not apply to the provision of employee benefits to an individual for the benefit of his or her partner. SEC. 4. NO DISPARATE IMPACT. The fact that an employment practice has a disparate impact, as the term ``disparate impact'' is used in section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation does not establish a prima facie violation of this Act. SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED. (a) Quotas.--A covered entity shall not adopt or implement a quota on the basis of sexual orientation. (b) Preferential Treatment.--A covered entity shall not give preferential treatment to an individual on the basis of sexual orientation. SEC. 6. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply with respect to employment and employment opportunities that relate to any employment position that pertains solely to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' PREFERENCES. (a) Armed Forces.--(1) For purposes of this Act, the term ``employment or employment opportunities'' does not apply to the relationship between the United States and members of the Armed Forces. (2) As used in paragraph (1), the term ``Armed Forces'' means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (b) Veterans' Preferences.--This Act does not repeal or modify any Federal, State, territorial, or local law creating special rights or preferences for veterans. SEC. 8. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act, (4) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, and (5) the courts of the United States shall have the same jurisdiction and powers as such courts have to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act, and (C) the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by such individual for a violation of such section, and (3) the procedures and remedies applicable for a violation of section 201(a)(1) of Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to claims alleged by covered employees (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for violations of this Act, title III of the Congressional Accountability Act of 1995 shall apply in the same manner as such title applies with respect to a claims alleged by such covered employees for violations of section 201(a)(1) of such Act. SEC. 9. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies (excluding punitive damages) under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 10. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 11. RETALIATION AND COERCION PROHIBITED. (a) Retaliation.--A covered entity shall not discriminate against an individual because such individual opposed any act or practice prohibited by this Act or because such individual made a charge, assisted, testified, or participated in any manner in an investigation, proceeding, or hearing under this Act. (b) Coercion.--A person shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised, enjoyed, assisted, or encouraged the exercise or enjoyment of, any right granted or protected by this Act. SEC. 12. POSTING NOTICES. A covered entity shall post notices for employees, applicants for employment, and members describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 13. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 14. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or any law of a State or political subdivision of a State. SEC. 15. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 16. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 17. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing authority to which section 201(a) of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) applies. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)). (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (7) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (8) The term ``religious organization'' means-- (A) a religious corporation, association, or society, or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society, or (ii) its curriculum is directed toward the propagation of a particular religion. (9) The term ``sexual orientation'' means homosexuality, bisexuality, or heterosexuality, whether such orientation is real or perceived. (10) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).

Employment Non-Discrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.

Employment Non-Discrimination Act of 1995

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Preserving Equitable Access to Community-based Home Health (PEACH) Act of 2009''. (b) Purpose.--It is the purpose of this Act to preserve access to home health services for all Americans, regardless of their ability to pay or their severity of illness. SEC. 2. FINDINGS. The Congress finds the following: (1) The Medicare home health benefit is vulnerable to agency selection of the most profitable beneficiaries and avoidance of the most complex and costly beneficiaries. (2) Such ``cherry picking'' by some home health agencies compromises access to care for the most complex, highest risk beneficiaries. (3) The Government Accountability Office has reported that hospital discharge planners have difficulty placing more than 10 percent of eligible patients in home health due to their extensive care needs. (4) Proposals to reduce Medicare payments to home health agencies (in response to large aggregate margins across all home health agencies) may undermine the financial viability of mission-driven and non-profit home health agencies, which often have low to negative margins, while allowing high-margin agencies to remain in operation. SEC. 3. SUPPLEMENTAL PAYMENTS FOR PEACH AGENCIES. (a) In General.--There shall be established a fund (to be known as the ``PEACH fund'') from which home health agencies meeting specified criteria shall be paid supplemental amounts in addition to their statutory payment amounts under title XVIII of the Social Security Act. Is this to be a trust fund? Where is this fund to be established? Who adminsters it? What are the sources of funding that goes into the fund? What are the allowed uses of such funding? (b) Peach Program.--Title XVIII of the Social Security Act is amended by inserting after section 1895 the following new section: ``supplemental payments for peach agencies ``Sec. 1895A. (a) Designation.-- ``(1) In general.--The Secretary shall designate as a `PEACH agency' any home health agency that meets the criteria under paragraph (2). ``(2) Criteria.--The Secretary may not designate a home health agency as a PEACH agency unless the home health agency meets the following criteria: ``(A) The home health agency is certified for participation under this title. ``(B) The home health agency offers-- ``(i) the complete range of home health services as defined under section 1861(m) of this title; ``(ii) the complete range of home health services on a 24 hours per day, 7 days per week on-call basis; and ``(iii) its services to all eligible beneficiaries or enrollees under this title and/or title XIX, and uninsured individuals up to its service capacity, regardless of their ability to pay or the complexity or intensity of care they require. ``(C) The home health agency provides charity care in an amount greater than or equal to 1 percent of its total revenue. ``(D) The home health agency agrees that the Secretary may, by statistical or other means, verify on an annual basis that the agency meets the criteria defined in this paragraph, and that the agency will be subject to disqualification from the PEACH program if such criteria are not met. ``(b) Supplemental Payments.-- ``(1) In general.--Subject to the availability of funds under subsection (c), the Secretary shall make supplemental payments to PEACH agencies based on information submitted by the agency on an additional schedule in the Medicare cost report. ``(2) Cost reporting.--The Secretary shall implement an additional schedule, as a component of the cost reporting process, on which home health agencies may report information the Secretary deems necessary for designation and payment as a PEACH agency. ``(3) Amount and timing for first year as peach agency.-- ``(A) The supplemental payment made to a home health agency for the first year in which such agency is designated a PEACH agency under this section shall be equal to its shortfall in that year, defined as the sum of-- ``(i) the aggregate reasonable cost of home health services delivered under parts A and B of this title by the PEACH agency for such year, less the aggregate payments received by the PEACH agency pursuant to section 1895; ``(ii) the aggregate actual costs of home health and home and community based services delivered by the agency under sections 1905(a)(7), 1905(a)(22), and 1915(c) through (e) of title XIX for such year, less the aggregate payments received by the PEACH agency for such services under that title; and ``(iii) the aggregate cost of uncompensated home health services delivered by the PEACH agency for such year. ``(B) The supplemental payment under subparagraph (A) shall be paid within 90 days of receipt of the annual cost report by the Secretary. ``(4) Amount and timing for subsequent years.--For each year after the first year in which a home health agency is designated a PEACH agency, a PEACH agency shall receive interim supplemental payments based on-- ``(A) the intervals at which the agency submits cost reports; and ``(B) the estimated shortfall, as defined in subparagraph (3)(A), for the year or interval in question. ``(c) Funding.--Supplemental payments under this section shall be-- ``(1) paid from the PEACH fund, which shall be capped at $500,000,000 annually and shall be administered by the Secretary; and ``(2) paid to PEACH agencies-- ``(A) pursuant to subsection (b); or ``(B) if the PEACH fund is insufficient to cover all the supplemental payments that should be paid under subsection (b), in proportion to each agency's shortfall relative to the aggregate shortfall of all PEACH agencies for the year in question. In any year in which the Secretary determines that the PEACH fund will not cover the aggregate estimated shortfall of all PEACH agencies, the Secretary shall make a preliminary supplemental payment to each PEACH agency within 90 days of receipt of its annual cost report and, if funds remain, an additional supplemental payment after all PEACH agency cost reports have been received. ``(d) Definitions.--For purposes of this section-- ``(1) the term `charity care' means home health services that are provided to an individual who is-- ``(A) not eligible for payment under this title, under title XIX, or by any other third-party payer; and ``(B) unable to pay any portion of the full cost of care, including any amount subsidized or otherwise discounted due to an individual's inability to pay; and ``(2) the term `uncompensated care' means home health services provided to an individual by a home health agency with the knowledge that the individual will be financially unable to pay for the services.''. (c) Conforming Amendment.--Section 1895(a) of the Social Security Act is amended by inserting before the period at the end the following: ``and the provisions of section 1895A''. SEC. 4. REGULATIONS. The Secretary shall issue such regulations as are necessary and appropriate for the implementation of the provisions of this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized for appropriation $500,000,000 for each fiscal year beginning with fiscal year 2010 for purposes of carrying out the purposes of this Act. Is there anything this funds other than the PEACH fund? Should this go into the provision creating that fund?

Preserving Equitable Access to Community-based Home Health (PEACH) Act of 2009 - Establishes the PEACH fund from which home health agencies meeting specified criteria shall be paid supplemental amounts in addition to their statutory payment amounts under title XVIII (Medicare) of the Social Security Act (SSA). Amends SSA title XVIII to direct the Secretary of Health and Human Services (HHS) to make supplemental payments to certain community-based home health agencies that the Secretary has designated as PEACH agencies for estimated shortfalls due to providing uncompensated care.

To amend title XVIII of the Social Security Act to ensure access to quality home health services for all Americans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Claims Backlog Reduction Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) There are over 25,000,000 honorably discharged veterans of the Armed Forces of the United States. (2) There are over 500,000 veterans who have claims pending with the Department of Veterans Affairs for veterans' benefits, and approximately 100,000 of such claims are over one year old without resolution. (3) The Nation's veterans are dying at a rate of over 1,000 veterans a day. (4) It is the responsibility of the United States Government to live up to the promises to the Nation's veterans that were made and accepted. (5) The National Association of County Veterans Service Officers is an organization that includes approximately 2,400 full-time employees and whose members are present in 37 States. (6) Members of the National Association of County Veterans Service Officers stand ready to partner with the Department of Veterans Affairs in order to eliminate the backlog of claims for veterans' benefits. SEC. 3. DEFINITIONS. In this Act: (1) The term ``claimant'' means an individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary of Veterans Affairs. (2) The term ``County Veterans Service Officer'' means any person employed by or funded by any county, parish, borough, or territory whose job it is to assist veterans and eligible dependents in the application for, administration of, or receipt of benefits under any Federal, State, or County veterans' benefit program. (3) The term ``injury or illness claim'' means a claim for benefits that is documented as being service-connected. (4) The term ``presumptive claim'' means a claim for benefits that is presumptively connected to a specific tour of duty or to specific types of military assignment. (5) The term ``statutory claims'' means those claims for benefits defined in section 5101 of title 38, United States Code. (6) The term ``specific claims'' includes statutory claims, presumptive claims, and injury or illness claims. (7) The term ``ready to be rated'' means that there is sufficient information to evaluate the claimed disability and to assign a rating based on degree of disability. (8) The term ``State'' has the meaning given that term in section 101(20) of title 38, United States Code. SEC. 4. REDUCTION OF BACKLOG OF VETERANS' CLAIMS. (a) Referral of Claims to County Veterans Service Officers.-- (1) The Secretary of Veterans Affairs shall identify the backlog of veterans' claims as of the date of the enactment of this Act and shall categorize those claims into types of specific claims. As part of such categorization, the Secretary shall identify the pending claims that require development. The Secretary shall refer those claims requiring development to a County Veterans Service Office for development. (2) The Secretary shall choose a County Veterans Service Office for development of a claim based upon the office's geographical proximity to the claimant. (3) A claim referred to a County Veterans Service Office for development shall be accompanied by specification from the Secretary of the information that is required to develop the claim and the information that is needed to make the claim ready to rate. (b) Filing of Claims With County Veterans Service Officers.--Claims for benefits under laws administered by the Secretary of Veterans Affairs may be submitted to County Veterans Service Officers. Receipt of such a claim by a County Veterans Service Officer under this Act shall be treated for all purposes as receipt of the claim by the Secretary of Veterans Affairs. SEC. 5. DEVELOPMENT OF CLAIMS. (a) Development of Claims by County Veterans Service Officer.--When a County Veterans Service Officer receives a claim referred under section 4(a) or receives a claim under section 4(b), that officer shall make personal contact with the claimant, explain the situation, and develop the claim. (b) Authority to Fully Develop Claim.--A County Veterans Service Officer to whom a claim is referred under section 4(a) or receives a claim under section 4(b) shall have the authority to fully develop the claim and to transmit the claim to the Secretary of Veterans Affairs when the claim is ready to be rated. (c) Procedure.--Once the claim has been fully developed, the claim shall be transmitted back to the Secretary with the information developed in accordance with the specification under section 3(a)(3) and a statement from the County Veterans Service Officer indicating that the claim is ready to rate. (d) Fully Developed Claims.--For purposes of this section, a claim shall be considered to be fully developed when the County Veterans Service Officer has obtained all items that that officer determines are necessary to substantiate the claim and all items that the Secretary of Veterans Affairs has specifically specified to be developed in connection with the claim. SEC. 6. INFORMATION SHARING. Veterans' information contained in the Benefits Delivery Network of the Department of Veterans Affairs shall be accessible to County Veterans Service Offices in order to provide County Veterans Service Offices with online access to client information contained in the Department of Veterans Affairs database. Such information shall be used by such offices to develop veterans' claims under this Act and for no other purpose. SEC. 7. ALLOCATION OF FUNDS. (a) In General.--Funding for purposes of this Act shall be allocated by grant to the States based on the population of veterans in the respective States. Funds allocated to a State under this Act shall be directed to County Veterans Service Offices within the State through the State Department of Veterans Affairs (or the equivalent). (b) State Overhead.--A State Department of Veterans Affairs may retain from any such grant for any fiscal year an amount equal to the expenses incurred by that State for administrative overhead in administering grants for that year, except that the amount so retained in any fiscal year may not exceed 3 percent of the amount of the grant to that State for that fiscal year. (c) Funds for Education and Training.--A portion of the funding received by a State under this Act for any fiscal year, as determined by the Secretary of Veterans Affairs in agreement with County Veterans Service Offices, shall be used for County Veterans Service Officers to attend educational programs sponsored by or equivalent to the National Association of County Veterans Service Officers annual continuing education and accreditation training. (d) Limitation on Federal Funding.--Federal funds under this Act may not be used to provide more than 50 percent of the total costs for County Veterans Service Offices and shall be used to expand existing programs, not to supplant existing local government funding. (e) Establishment of New Cvso Programs.--(1) In the case of a State that as of the date of the enactment of this Act does not have a County Veterans Service Officer program, Federal funding under this Act may be used by units of local government to establish such a program to assist veterans and their dependents in filing applications for veterans benefits and for the purposes specified in this Act. (2) In a State covered by paragraph (1), if a unit of local government chooses not to establish a County Veterans Service Officers program as described in that paragraph, the State department of veterans affairs (or the equivalent) may elect to perform the services as specified in this Act for that State. (3) In a State covered by paragraph (1), if both units of local government and the State government elect not to use some or all of the funds, the unused amount shall revert back to the Secretary of Veterans Affairs and shall be reallocated to those State department of veterans affairs (or the equivalent) in which County Veterans Service Officers programs exist to further expand services to veterans in those States in support of the veterans claims backlog reduction services under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Veterans Affairs to carry out this Act $70,000,000 for each of fiscal years 2003, 2004, and 2005.

Department of Veterans Affairs Claims Backlog Reduction Act of 2002 - Directs the Secretary of Veterans Affairs to: (1) identify the current backlog of veterans' claims for benefits through the Department of Veterans Affairs and to categorize those claims; and (2) identify claims that need further development and refer them to a geographically appropriate County Veterans Service Office. Allows veterans' claims to be submitted to County Veterans Service Officers (in lieu of the Department) and authorizes the Officers to fully develop such claims. Requires appropriate information sharing between the Department's Benefits Delivery Network and the Offices.Requires funding provided by this Act to be allocated to States based on their respective populations of veterans and allocates such funds to the appropriate Office. Prohibits Federal funding from exceeding 50 percent of the costs of Office operations. Allows funding to be used to establish Officer programs in States that do not have one.

To provide for reduction in the backlog of claims for benefits pending with the Department of Veterans Affairs.

SECTION 1. VOLUNTEER MENTORING PROGRAMS. (a) In General.--Section 9 of the Small Business Administration Act (15 U.S.C. 638) is amended by adding at the end the following: ``(u) Volunteer Mentoring Programs.-- ``(1) Definitions.--In this subsection-- ``(A) the term `eligible association' means a national or regional association, organization, coalition, or other entity (including an individual) that represents small business concerns participating in SBIR or STTR programs under this section; ``(B) the term `qualified mentoring organization' means a small business concern that has successfully completed 1 or more SBIR or STTR funding agreements under this section; and ``(C) the term `low participation area' means an area within a State that, in the determination of the Administrator, receives a disproportionately low number of SBIR awards, as compared with other areas in the State or in the United States. ``(2) Grant authority.--In order to assist small business concerns in successfully completing the SBIR and STTR programs under this section, the Administration may award, on competitive basis, a grant to 1 or more eligible associations for use in accordance with paragraph (5). ``(3) Applications.--In order to be eligible to receive a grant under this subsection, an eligible association shall submit to the Administration an application in such form and containing such information as the Administration may require. ``(4) Amount of assistance.--The amount of a grant to an eligible association under this subsection shall be equal to not less than $50,000 and not more than $200,000. An eligible association that has received a grant under this subsection may reapply for 1 or more additional grants under this subsection, as may be necessary to carry out the program established and implemented with the initial grant in accordance with paragraph (5). ``(5) Use of assistance.--Amounts made available under a grant awarded under this subsection-- ``(A) shall be used by the eligible association to establish and carry out a program under which 1 or more qualified mentoring organizations provide technical assistance (which may include marketing, proposal writing, government accounting, government audits, facilities and equipment, project management, human resources, phase III partners, commercialization, and venture capital networking) to small business concerns located in low participation areas in order to advise and guide them through the SBIR and STTR program processes from application to award and successful completion of each phase of the program; and ``(B) may be used to reimburse qualified mentoring organizations participating in the program-- ``(i) for necessary out-of-pocket expenses incident to the provision of services by employees of such organizations under the program; and ``(ii) while employees of such organizations are providing such services away from their homes or regular places of business, for travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for individuals serving without pay, and for reasonable communications expenses (including telephone calls and facsimiles). ``(6) Status of employees of qualified mentoring organizations.--An employee of a qualified mentoring organization, while carrying out activities under a program carried out with grant awarded under this subsection-- ``(A) shall be deemed to be a Federal employee for purposes of the Federal tort claims provisions in title 28, United States Code; and ``(B) for purposes of subchapter I of chapter 81 of title 5, United States Code (relative to compensation to Federal employees for work injuries) shall be deemed to be a civil employee of the United States within the meaning of the term ``employee'' as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply to such employee, except that in computing compensation benefits for disability or death, the monthly pay of such employee shall be deemed to be that received under the entrance salary for a grade GS-11 employee. ``(7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $1,000,000 for each fiscal year.''. (b) Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue final regulations to implement section 9(u) of the Small Business Act, as added by this section. (2) Maximum amount.--Not later than 18 months after the date on which regulations are issued under paragraph (1), the Administrator of the Small Business Administration shall submit to the Committees on Small Business of the House of Representatives and the Senate a report, which shall include recommendations regarding any change in the maximum grant amount under section 9(u)(4) of the Small Business Act, as added by this section.

Amends the Small Business Act to authorize the Small Business Administration (SBA), in order to assist small businesses in successfully completing the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, to award, on a competitive basis, a grant to one or more eligible associations (an association that represents small businesses participating in SBIR and STTR programs) to establish and carry out a program under which one or more qualified mentoring organizations provide technical assistance to small businesses located in low participation areas in order to advise and guide them through the SBIR and STTR processes from application and award through successful program completion. Authorizes appropriations for such grants. Requires a report from the SBA Administrator to the small business committees regarding recommended changes in maximum grant amounts (no less than $50,000 or more than $200,000 per association).

A bill to amend section 9 of the Small Business Act to provide for the establishment of volunteer mentoring programs.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Higher Education Accrediting Agency Responsibility Act of 2002''. (b) References to Higher Education Act of 1965.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Accrediting agencies were originally intended to provide voluntary, nongovernmental oversight of institutions of higher education. (2) However, Congress has allowed accreditors to become gatekeepers of more than $40,000,000,000 of Federal student aid funds due to such agencies role, enshrined in current Federal law, to help determine an institution's eligibility to participate in Federal student aid programs. (3) More effective and less costly mechanisms are already in place to protect students and parents, as no institution can receive Federal funds until the Department of Education certifies its financial and administrative capacity. Additionally, the amount of useful information publicly available about the quality of academic institutions has grown dramatically in recent years and now far exceeds the minimal amount conveyed by the accreditation system. (4) It is virtually unknown for an institution to be denied accreditation because of low educational values, despite growing public concern that American college graduates are lacking the skills necessary for participation in civic life. (5) The time and effort required of institutions of higher education to comply with the accreditation process imposes costs which must ultimately be borne by students and parents. (b) Purposes.--The purposes of this Act are as follows: (1) To refocus the purpose of accreditation on providing comparative information about the quality of institutions of higher education, rather than determining student aid eligibility, which should properly be the responsibility of the Department of Education. (2) To end the virtual monopoly that today's accrediting agencies enjoy, and require them to operate in a competitive environment like any other industry. SEC. 3. AMENDMENTS AND REPEALS. (a) Qualification of Institutions of Higher Education.--Section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) is amended-- (1) in subsection (a)-- (A) by adding ``and'' at the end of paragraph (3); (B) by striking ``; and'' at the end of paragraph (4) and inserting a period; and (C) by striking paragraph (5); and (2) by striking subsection (c). (b) Qualification of Proprietary Institutions of Higher Education.--Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended-- (1) by striking subparagraph (D); and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (c) National Advisory Committee on Institutional Quality and Integrity.--Section 114 (20 U.S.C. 1011c) is repealed. (d) Disclosures of Foreign Gifts.--Section 117(h)(4) (20 U.S.C. 1011f(h)(4)) is amended-- (1) by adding ``and'' at the end of subparagraph (A); and (2) by striking subparagraph (C). (e) Title III Eligible Institutions.--Section 312(b)(1) (20 U.S.C. 1058(b)(1)) is amended-- (1) by striking subparagraph (D); and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (f) Title III Definitions.--Section 322(2) (20 U.S.C. 1061(2)) is amended-- (1) by inserting ``and'' after ``1964'',''; and (2) by striking ``and that is accredited'' and all that follows through ``toward accreditation,''. (g) HBCU Capital Financing.--Section 342(5) (20 U.S.C. 1066a(5)) is amended-- (1) by adding ``and'' at the end of subparagraph (F); (2) by striking subparagraph (G); and (3) by redesignating subparagraph (H) as subparagraph (G). (h) Conforming Amendment.--Section 365 (20 U.S.C. 1067k) is amended-- (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (9) as paragraphs (1) through (8), respectively. (i) Distance Education Demonstration Programs.--Section 486(c)(2) (20 U.S.C. 1093(c)(2)) is amended-- (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively. (j) Program Participation Agreements.--Section 487 (20 U.S.C. 1094) is amended-- (1) in subsection (a)(3)-- (A) by adding ``and'' at the end of subparagraph (A); (B) by striking ``; and'' at the end of subparagraph (B) and inserting a period; and (C) by striking subparagraph (C); (2) in subsection (a)(15), by striking ``accrediting agencies,''; (3) in subsection (a)(21), by striking ``and accrediting agencies or associations''; and (4) in subsection (c)(5)-- (A) by inserting ``and'' after ``eligible lenders,''; and (B) by striking ``, and accrediting agencies or associations''. (k) Accrediting Agency Recognition.--Section 496 (20 U.S.C. 1099b) is repealed. (l) Eligibility and Certification Procedures.--Section 498 (20 U.S.C. 1099c) is amended-- (1) in subsection (a), by striking ``accreditation''; and (2) in subsection (b), by striking ``accreditation,'' each place it appears. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply be effective on September 1, 2002.

Higher Education Accrediting Agency Responsibility Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to remove requirements that institutions of higher education (IHEs) be accredited or preaccredited by a nationally recognized accrediting agency or association in order to receive Federal funds under various HEA programs, including student aid under HEA title IV.Removes such accreditation requirements with respect to IHEs, proprietary IHEs, special institutional aid under HEA title III, historically Black college and university capital financing, distance education demonstration programs, and student assistance program participation agreements.Repeals provisions for: (1) the National Advisory Committee on Institutional Quality and Integrity; and (2) recognition of accrediting agencies or associations under HEA.

To amend the Higher Education Act of 1965 to provide greater academic freedom for institutions of higher education, and for other purposes.

SECTION 1. IMPROVED PROTECTION FOR CONSUMERS. (a) Verification of Authorization.--Subsection (a) of section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended to read as follows: ``(a) Prohibition.-- ``(1) In general.--No telecommunications carrier or reseller of telecommunications services shall submit or execute a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with this section and such verification procedures as the Commission shall prescribe. ``(2) Verification.-- ``(A) In general.--In order to verify a subscriber's selection of a telephone exchange service or telephone toll service provider under this section, the telecommunications carrier or reseller shall, at a minimum, require the subscriber-- ``(i) to acknowledge the type of service to be changed as a result of the selection; ``(ii) to affirm the subscriber's intent to select the provider as the provider of that service; ``(iii) to affirm that the consumer is the subscriber or is authorized to select the provider of that service for the telephone number in question; ``(iv) to acknowledge that the selection of the provider will result in a change in providers of that service; and ``(v) to provide such other information as the Commission considers appropriate for the protection of the subscriber. ``(B) Additional requirements.--The procedures prescribed by the Commission to verify a subscriber's selection of a provider shall-- ``(i) preclude the use of negative option marketing; ``(ii) provide for verification of a change in telephone exchange service or telephone toll service provider in oral, written, or electronic form; and ``(iii) require the retention of such verification in such manner and form and for such time as the Commission considers appropriate. ``(3) Intrastate services.--Nothing in this section shall preclude any State commission from enforcing such procedures with respect to intrastate services. ``(4) Section not to apply to wireless.--This section does not apply to a provider of commercial mobile service, as that term is defined in section 332(d)(1) of this Act.''. (b) Resolution of Complaints.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended by adding at the end thereof the following: ``(c) Notice to Subscriber.--Whenever there is a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service, the telecommunications carrier or reseller selected shall notify the subscriber in writing, not more than 15 days after the change is processed by the telecommunications carrier or the reseller-- ``(1) of the subscriber's new carrier; and ``(2) that the subscriber may request information regarding the date on which the change was agreed to and the name of the individual who authorized the change. ``(d) Resolution of Complaints.-- ``(1) Prompt resolution.-- ``(A) In general.--The Commission shall prescribe a period of time, not in excess of 120 days after a telecommunications carrier or reseller receives notice, for the telecommunications carrier or reseller to resolve a complaint by a subscriber concerning an unauthorized change in the subscriber's selection of a provider of telephone exchange service or telephone toll service. ``(B) Unresolved complaints.--If a telecommunications carrier or reseller fails to resolve a complaint within the time period prescribed by the Commission, then, within 10 days after the end of that period, the telecommunications carrier or reseller shall-- ``(i) notify the subscriber in writing of the subscriber's right to file a complaint with the Commission concerning the unresolved complaint, the subscriber's rights under this section, and all other remedies available to the subscriber concerning unauthorized changes; ``(ii) inform the subscriber in writing of the procedures prescribed by the Commission for filing such a complaint; and ``(iii) provide the subscriber a copy of any evidence in the carrier's or reseller's possession showing that the change in the subscriber's provider of telephone exchange service or telephone toll service was submitted or executed in accordance with the verification procedures prescribed under subsection (a). ``(2) Resolution by commission.--The Commission shall provide a simplified process for resolving complaints under paragraph (1)(B). The simplified procedure shall preclude the use of interrogatories, depositions, discovery, or other procedural techniques that might unduly increase the expense, formality, and time, involved in the process. The Commission shall issue an order resolving any such complaint at the earliest date practicable, but in no event later than-- ``(A) 150 days after the date on which it received the complaint, with respect to liability issues; and ``(B) 90 days after the date on which it resolves a complaint, with respect to damages issues, if such additional time is necessary. ``(3) Damages awarded by commission.--In resolving a complaint under paragraph (1)(B), the Commission may award damages equal to the greater of $500 or the amount of actual damages. The Commission may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. ``(e) Penalty.-- ``(1) In general.--Unless the Commission determines that there are mitigating circumstances, violation of subsection (a) is punishable by a fine of not less than $40,000 for the first offense, and not less than $150,000 for each subsequent offense. ``(2) Failure to notify treated as violation of subsection (a).--If a telecommunications carrier or reseller fails to comply with the requirements of subsection (d)(1)(B), then that failure shall be treated as a violation of subsection (a). ``(f) Recovery of Fines.--The Commission may take such action as may be necessary-- ``(1) to collect any fines it imposes under this section; and ``(2) on behalf of any subscriber, any damages awarded the subscriber under this section. ``(g) Change Includes Initial Selection.--For purposes of this section, the initiation of service to a subscriber by a telecommunications carrier or a reseller shall be treated as a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service.''. (c) State Right-of-Action.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258), as amended by subsection (b), is amended by adding at the end thereof the following: ``(h) Actions by States.-- ``(1) Authority of states.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that a telecommunications carrier or reseller has engaged or is engaging in a pattern or practice of changing telephone exchange service or telephone toll service provider without authority from subscribers in that State in violation of this section or the regulations prescribed under this section, the State may bring a civil action on behalf of its residents to enjoin such unauthorized changes, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. ``(2) Exclusive jurisdiction of federal courts.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. ``(3) Rights of commission.--The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- ``(A) to intervene in the action; ``(B) upon so intervening, to be heard on all matters arising therein; and ``(C) to file petitions for appeal. ``(4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. ``(5) Investigatory powers.--For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(6) Effect on state court proceedings.--Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(7) Limitation.--Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. ``(8) Definition.--As used in this subsection, the term `attorney general' means the chief legal officer of a State. ``(i) State Law Not Preempted.--Nothing in this section or in the regulations prescribed under this section shall preempt any State law that imposes more restrictive intrastate requirements or regulations on, or which prohibits unauthorized changes in, a subscriber's selection of a provider of telephone exchange service or telephone toll service.''. (d) Report on Carriers Executing Unauthorized Changes of Telephone Service.-- (1) Report.--Not later than October 31, 1998, the Federal Communications Commission shall submit to Congress a report on unauthorized changes of subscribers' selections of providers of telephone exchange service or telephone toll service. (2) Elements.--The report shall include the following: (A) A list of the 10 telecommunications carriers that, during the 1-year period ending on the date of the report, were subject to the highest number of complaints of having executed unauthorized changes of subscribers from their selected providers of telephone exchange service or telephone toll service when compared with the total number of subscribers served by such carriers. (B) The telecommunications carriers, if any, assessed fines under section 258(e) of the Communications Act of 1934 (as added by subsection (c)), during that period, including the amount of each such fine and whether the fine was assessed as a result of a court judgment or an order of the Commission or was secured pursuant to a consent decree. SEC. 2. REPORT ON TELEMARKETING PRACTICES. (a) In General.--The Federal Communications Commission shall issue a report within 180 days after the date of enactment of this Act on the telemarketing practices used by telecommunications carriers or resellers or their agents or employees for the purpose of soliciting changes by subscribers of their telephone exchange service or telephone toll service provider. (b) Specific Issues.--As part of the report required under subsection (a), the Commission shall include findings on-- (1) the extent to which imposing penalties on telemarketers would deter unauthorized changes in a subscriber's selection of a provider of telephone exchange service or telephone toll service; (2) the need for rules requiring third-party verification of changes in a subscriber's selection of such a provider; and (3) whether wireless carriers should continue to be exempt from the verification and retention requirements imposed by section 258(a)(2)(B)(iii) of the Communications Act of 1934 (47 U.S.C. 258(a)(2)(B)(iii)). (c) Rulemaking.--If the Commission determines that particular telemarketing practices are being used with the intention to mislead, deceive, or confuse subscribers and that they are likely to mislead, deceive, or confuse subscribers, then the Commission shall initiate a rulemaking to prohibit the use of such practices within 120 days after the completion of its report.

Amends the Communications Act of 1934 to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures. Requires a carrier or reseller, in verifying a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to: (1) acknowledge the type of service to be changed by the selection; (2) affirm the intent to select the service provider; (3) affirm that the consumer is the subscriber or is authorized to make such selection for that telephone number; (4) acknowledge that such selection will result in a change of service provider; and (5) provide any other such information the FCC considers appropriate for the subscriber's protection. Requires FCC selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for verification of a change of provider in oral, written, or electronic form; and (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier or reseller selected by a subscriber to notify the subscriber in writing not more than 15 days after the change is processed by the carrier or reseller: (1) of the subscriber's new carrier; and (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change. Requires the FCC to: (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint; and (2) provide a simplified process for resolving such complaints. Authorizes the FCC, in resolving a complaint, to award damages of: (1) the greater amount of $500 or actual damages; or (2) three times such amount. Provides penalties for violations of this Act and authorizes the FCC to collect fines and damages. Treats an initiation of service as a change in a subscriber's selection for purposes of this Act. Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring an action on behalf of its residents to enjoin such changes and to recover damages. Gives Federal courts exclusive jurisdiction over such actions. Requires FCC notification of, and authorizes FCC intervention in, any such action. Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers. (Sec. 2) Directs the FCC to issue a report on the telemarketing practices used by carriers or resellers to solicit changes by subscribers in their service providers. Authorizes the FCC to initiate a rulemaking to prohibit particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers.

To amend the Communications Act of 1934 to improve the protection of consumers against "slamming" by telecommunications carriers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Crime Victims' Restitution Act of 2006''. SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS. (a) In General.--Subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3560. Effect of death of a defendant in Federal criminal proceedings ``(a) General Rule.--Notwithstanding any other provision of law, the death of a defendant who has been convicted of a Federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint on which such a plea, verdict, sentence, or judgment is based, except as provided in this section. ``(b) Death After Plea or Verdict.-- ``(1) Entry of judgment.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned, but before judgment is entered, the court shall enter a judgment incorporating the plea of guilty or nolo contendere or the verdict, with the notation that the defendant died before the judgment was entered. ``(2) Punitive sanctions.-- ``(A) Death before sentence announced.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, no sentence of probation, supervision, or imprisonment may be imposed, no criminal forfeiture may be ordered, and no liability for a fine or special assessment may be imposed on the defendant or the defendant's estate. ``(B) Death after sentencing or judgment.--The death of a defendant after a sentence has been announced or a judgment has been entered, and before that defendant has exhausted or waived the right to a direct appeal-- ``(i) shall terminate any term of probation, supervision, or imprisonment, and shall terminate the liability of that defendant to pay any amount remaining due of a criminal forfeiture, of a fine under section 3613(b), or of a special assessment under section 3013; and ``(ii) shall not require return of any portion of any criminal forfeiture, fine, or special assessment already paid. ``(3) Restitution.-- ``(A) Death before sentence announced.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, the court shall, upon a motion under subsection (c)(2) by the Government or any victim of that defendant's crime, commence a special restitution proceeding at which the court shall adjudicate and enter a final order of restitution against the estate of that defendant in an amount equal to the amount that would have been imposed if that defendant were alive. ``(B) Death after sentencing or judgment.--The death of a defendant after a sentence has been announced shall not be a basis for abating or otherwise invalidating restitution announced at sentencing or ordered after sentencing under section 3664(d)(5) of this title or any other provision of law. ``(4) Civil proceedings.--The death of a defendant after a plea of guilty or nolo contendere has been accepted, a verdict returned, a sentence announced, or a judgment entered, shall not prevent the use of that plea, verdict, sentence, or judgment in civil proceedings, to the extent otherwise permitted by law. ``(c) Appeals, Motions, and Petitions.-- ``(1) In general.--Except as provided in paragraph (2), after the death of a defendant convicted in a criminal case-- ``(A) no appeal, motion, or petition by or on behalf of that defendant or the personal representative or estate of that defendant, the Government, or a victim of that defendant's crime seeking to challenge or reinstate a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant shall be filed in that case after the death of that defendant; and ``(B) any pending motion, petition, or appeal in that case shall be dismissed with the notation that the dismissal is due to the death of the defendant. ``(2) Exceptions.-- ``(A) Restitution.--After the death of a defendant convicted in a criminal case, the personal representative of that defendant, the Government, or any victim of that defendant's crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion described in section 3663, 3663A, 3664, or 3771, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to-- ``(i) obtain, in a special restitution proceeding, a final order of restitution under subsection (b)(3); ``(ii) enforce, correct, amend, adjust, reinstate, or challenge any order of restitution; or ``(iii) challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment on which-- ``(I) a restitution order is based; or ``(II) restitution is being or will be sought by an appeal, petition, or motion under this paragraph. ``(B) Other civil actions affected.--After the death of a defendant convicted in a criminal case, the personal representative of that defendant, the Government, or any victim of that defendant's crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion under the Federal Rules of Criminal Procedure, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment that the appellant, petitioner, or movant shows by a preponderance of the evidence is, or will be, material in a pending or reasonably anticipated civil proceeding, including civil forfeiture proceedings. ``(C) Collateral consequences.-- ``(i) In general.--Except as provided in subparagraphs (A) and (B), the Government may not restrict any Federal benefits or impose collateral consequences on the estate or a family member of a deceased defendant based solely on the conviction of a defendant who died before that defendant exhausted or waived the right to direct appeal unless, not later than 90 days after the death of that defendant, the Government gives notice to that estate or family member of the intent of the Government to take such action. ``(ii) Personal representative.--If the Government gives notice under clause (i), the court shall appoint a personal representative for the deceased defendant that is the subject of that notice, if not otherwise appointed, under section (d)(2)(A). ``(iii) Tolling.--If the Government gives notice under clause (i), any filing deadline that might otherwise apply against the defendant, the estate of the defendant, or a family member of the defendant shall be tolled until the date of the appointment of that defendant's personal representative under clause (ii). ``(3) Basis.--In any appeal, petition, or motion under paragraph (2), the death of the defendant shall not be a basis for relief. ``(d) Procedures Regarding Continuing Litigation.-- ``(1) In general.--The standards and procedures for a permitted appeal, petition, motion, or other proceeding under subsection (c)(2) shall be the standards and procedures otherwise provided by law, except that the personal representative of the defendant shall be substituted for the defendant. ``(2) Special procedures.--If continuing litigation is initiated or could be initiated under subsection (c)(2), the following procedures shall apply: ``(A) Notice and appointment of personal representative.--The district court before which the criminal case was filed (or the appellate court if the matter is pending on direct appeal) shall-- ``(i) give notice to any victim of the convicted defendant under section 3771(a)(2), and to the personal representative of that defendant or, if there is none, the next of kin of that defendant; and ``(ii) appoint a personal representative for that defendant, if not otherwise appointed. ``(B) Counsel.--Counsel shall be appointed for the personal representative of a defendant convicted in a criminal case who dies if counsel would have been available to that defendant, or if the personal representative of that defendant requests counsel and otherwise qualifies for the appointment of counsel, under section 3006A. ``(C) Tolling.--The court shall toll any applicable deadline for the filing of any motion, petition, or appeal during the period beginning on the date of the death of a defendant convicted in a criminal case and ending on the later of-- ``(i) the date of the appointment of that defendant's personal representative; or ``(ii) where applicable, the date of the appointment of counsel for that personal representative. ``(D) Restitution.--If restitution has not been fully collected on the date on which a defendant convicted in a criminal case dies-- ``(i) any amount owed under a restitution order (whether issued before or after the death of that defendant) shall be collectible from any property from which the restitution could have been collected if that defendant had survived, regardless of whether that property is included in the estate of that defendant; ``(ii) any restitution protective order in effect on the date of the death of that defendant shall continue in effect unless modified by the court after hearing or pursuant to a motion by the personal representative of that defendant, the Government, or any victim of that defendant's crime; and ``(iii) upon motion by the Government or any victim of that defendant's crime, the court shall take any action necessary to preserve the availability of property for restitution under this section. ``(e) Forfeiture.-- ``(1) In general.--Except as provided in paragraph (2), the death of an individual does not affect the Government's ability to seek, or to continue to pursue, civil forfeiture of property as authorized by law. ``(2) Tolling of limitations for civil forfeiture.-- Notwithstanding the expiration of any civil forfeiture statute of limitations or any time limitation set forth in section 983(a) of this title, not later than the later of the time period otherwise authorized by law and 2 years after the date of the death of an individual against whom a criminal indictment alleging forfeiture is pending, the Government may commence civil forfeiture proceedings against any interest in any property alleged to be forfeitable in the indictment of that individual. ``(f) Definitions.--In this section-- ``(1) the term `accepted', relating to a plea of guilty or nolo contendere, means that a court has determined, under rule 11(b) of the Federal Rules of Criminal Procedure, that the plea is voluntary and supported by a factual basis, regardless of whether final acceptance of that plea may have been deferred pending review of a presentence report or otherwise; ``(2) the term `announced', relating to a sentence, means that the sentence has been orally stated in open court; ``(3) the term `convicted' refers to a defendant-- ``(A) whose plea of guilty or nolo contendere has been accepted; or ``(B) against whom a verdict of guilty has been returned; ``(4) the term `direct appeal' means an appeal filed, within the period provided by rule 4(b) of the Federal Rules of Appellate Procedure, from the entry of the judgment or order of restitution, including review by the Supreme Court of the United States; and ``(5) the term `returned', relating to a verdict, means that the verdict has been orally stated in open court.''. (b) Conforming Amendment.--The table of sections for chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``3560. Effect of death of a defendant in Federal criminal proceedings.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to any criminal case or appeal pending on or after July 1, 2006. SEC. 4. SEVERABILITY. If any provision of this Act, any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this Act, the amendments made by this Act, and the application of such provisions or amendments to any person or circumstance shall not be affected.

Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for cases in which a defendant in a criminal prosecution dies prior to the final adjudication of guilt. Sets forth rules for restitution to victims, appeals, motions, petitions, and civil forfeiture in such cases. Provides, as a general rule, that the death of a defendant who has been convicted of a federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint, except as provided by this Act.

To address the effect of the death of a defendant in Federal criminal proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998''. SEC. 2. PROMOTION OF STAMP SALES. (a) In General.--Section 4 of the Act of March 16, 1934 (commonly known as the ``Migratory Bird Hunting and Conservation Stamp Act'') (16 U.S.C. 718d), is amended-- (1) in subsection (b), by striking ``subsection (c) of this section'' and inserting ``subsections (c) and (d)''; and (2) by adding at the end the following: ``(d) Promotion of Stamp Sales.-- ``(1) In general.--Subject to approval of an annual marketing plan by the Migratory Bird Conservation Commission established by section 2 of the Migratory Bird Conservation Act (16 U.S.C. 715a), the Secretary of the Interior may use from receipts from the sale of migratory bird hunting and conservation stamps an amount not to exceed $1,000,000 for each of fiscal years 1999 through 2003 for the promotion of additional stamp sales. ``(2) Annual report.--The Secretary of the Interior shall-- ``(A) include in each report under section 3 of the Migratory Bird Conservation Act (16 U.S.C. 715b) a statement of all expenditures under paragraph (1); and ``(B) provide a copy to the Migratory Bird Conservation Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Resources of the House of Representatives.''. (b) Technical Amendments.-- (1) Short title.-- (A) The Act of March 16, 1934 (16 U.S.C. 718 et seq.), is amended by adding at the end the following: ``SEC. 11. SHORT TITLE. ``This Act may be cited as the `Migratory Bird Hunting and Conservation Stamp Act'.''. (B) Section 4(d)(2) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(d)(2)) is amended in the last sentence by striking ``Migratory Bird Hunting Stamp Act'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (C) Section 102 of the Sikes Act (16 U.S.C. 670b) is amended by striking ``Migratory Bird Hunting Stamp Act as amended'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.)''. (D) Section 203(b)(4)(A) of the Sikes Act (16 U.S.C. 670i(b)(4)(A)) is amended by striking ``Act of March 16, 1934, commonly referred to as the Migratory Bird Hunting Stamp Act'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (E) Section 2 of Public Law 87-383 (16 U.S.C. 715k- 4) is amended by striking ``Migratory Bird Hunting Stamp Act of March 16, 1934, as amended'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (F) Section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is amended-- (i) in subsection (b)(1)(A), by striking ``Act of March 16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp Act)'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718b)''; and (ii) in subsection (c)(B), by striking ``Act of March 16, 1934'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (G) Section 203 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3912) is amended by striking ``Act of March 16, 1934'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act''. (H) Clause (ii) of section 504(1) of title 18, United States Code, is amended by striking ``Migratory Bird Hunting Stamp Act of 1934'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.)''. (I) Section 28(f) of the Act of August 13, 1954 (25 U.S.C. 564w-1(f) is amended-- (i) in the second sentence, by striking ``Migratory Bird Hunting Stamp Act of March 16, 1934, as amended (16 U.S.C. 718)'' and inserting ``Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.)''; and (ii) in the third sentence, by striking ``section 4 of the Act of March 16, 1934 (48 Stat. 451), as amended or supplemented'' and inserting ``section 4 of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718d)''. (2) Migratory bird hunting and conservation stamp.-- (A) The first section and section 10 of the Act of March 16, 1934 (16 U.S.C. 718a, 718j), are amended by striking ``migratory-bird hunting and conservation stamp'' each place it appears and inserting ``migratory bird hunting and conservation stamp''. (B) Section 2(a) of the Act of March 16, 1934 (16 U.S.C. 718b(a)), is amended in the fifth sentence by striking ``migratory-bird hunting stamps'' and inserting ``migratory bird hunting and conservation stamps''. (C) Sections 4(a) and 5(c) of the Act of March 16, 1934 (16 U.S.C. 718d(a), 718e(c)), are amended by striking ``migratory bird hunting stamps'' each place it appears and inserting ``migratory bird hunting and conservation stamps''. (D) Section 5(a) of the Act of March 16, 1934 (16 U.S.C. 718e(a)), is amended by striking ``migratory- bird hunting stamp'' and inserting ``migratory bird hunting and conservation stamp''. (E) Section 2(4) of the Act of September 28, 1962 (16 U.S.C. 460k-1(4)), is amended by striking ``migratory bird hunting stamps'' and inserting ``migratory bird hunting and conservation stamps''. (F) Section 203(b)(4)(A) of the Sikes Act (16 U.S.C. 670i(b)(4)(A)) is amended by striking ``migratory bird hunting stamp'' and inserting ``migratory bird hunting and conservation stamp''. (G) Section 3(a) of the Act of July 30, 1956 (16 U.S.C. 718b-1), is amended by striking ``migratory-bird hunting stamps'' and inserting ``migratory bird hunting and conservation stamps''.

Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998 - Amends the Act commonly referred to as the Migratory Bird Hunting and Conservation Stamp Act to: (1) make such title the legislated short title; and (2) allow the Secretary of the Interior, subject to approval of an annual marketing plan by the Migratory Bird Conservation Commission, to use from receipts from the sale of migratory bird hunting and conservation stamps an amount not to exceed $1 million for each FY from 1999 through 2003 for the promotion of additional stamp sales. Requires the Secretary to: (1) include in each report under the Migratory Bird Conservation Act a statement of all expenditures; and (2) provide a copy to the Commission and specified congressional committees.

Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Eagle Palladium Bullion Coin Act of 2010''. SEC. 2. PALLADIUM COIN. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (a), by adding at the end the following new paragraph; ``(12) A $25 coin of an appropriate size and thickness, as determined by the Secretary, that weighs 1 troy ounce and contains .9995 fine palladium.''; and (2) by adding at the end the following new subsection: ``(v) Palladium Bullion Investment Coins.-- ``(1) In general.--Subject to the submission to the Secretary and the Congress of a marketing study described in paragraph (8), beginning not more than 1 year after the submission of the study to the Secretary and the Congress, the Secretary shall mint and issue the palladium coins described in paragraph (12) of subsection (a) in such quantities as the Secretary may determine to be appropriate to meet demand. ``(2) Source of bullion.-- ``(A) In general.--The Secretary shall acquire bullion for the palladium coins issued under this subsection by purchase of palladium mined from natural deposits in the United States, or in a territory or possession of the United States, within 1 year after the month in which the ore from which it is derived was mined. If no such palladium is available or if it is not economically feasible to obtain such palladium, the Secretary may obtain palladium for the palladium coins described in paragraph (12) of subsection (a) from other available sources. ``(B) Price of bullion.--The Secretary shall pay not more than the average world price for the palladium under subparagraph (A). ``(3) Sale of coins.--Each coin issued under this subsection shall be sold for an amount the Secretary determines to be appropriate, but not less than the sum of-- ``(A) the market value of the bullion at the time of sale; and ``(B) the cost of designing and issuing the coins, including labor, materials, dies, use of machinery, overhead expenses, marketing, distribution, and shipping. ``(4) Treatment.--For purposes of section 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Quality.--The Secretary may issue the coins described in paragraph (1) in both proof and uncirculated versions, except that, should the Secretary determine that it is appropriate to issue proof or uncirculated versions of such coin, the Secretary shall, to the greatest extent possible, ensure that the surface treatment of each year's proof or uncirculated version differs in some material way from that of the preceding year. ``(6) Design.--Coins minted and issued under this subsection shall bear designs on the obverse and reverse that are close likenesses of the work of famed American coin designer and medallic artist Adolph Alexander Weinman-- ``(A) the obverse shall bear a high-relief likeness of the `Winged Liberty' design used on the obverse of the so-called `Mercury dime'; ``(B) the reverse shall bear a high-relief version of the reverse design of the 1907 American Institute of Architects medal; and ``(C) the coin shall bear such other inscriptions, including `Liberty', `In God We Trust', `United States of America', the denomination and weight of the coin and the fineness of the metal, as the Secretary determines to be appropriate and in keeping with the original design. ``(7) Mint facility.--Any United States mint, other than the United States Mint at West Point, New York, may be used to strike coins minted under this subsection other than any proof version of any such coin. If the Secretary determines that it is appropriate to issue any proof version of such coin, coins of such version shall be struck only at the United States Mint at West Point, New York. ``(8) Marketing study defined.--The market study described in paragraph (1) means an analysis of the market for palladium bullion investments conducted by a reputable, independent third party that demonstrates that there would be adequate demand for palladium bullion coins produced by the United States Mint to ensure that such coins could be minted and issued at no net cost to taxpayers.''. SEC. 3. BUDGETARY EFFECT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

American Eagle Palladium Bullion Coin Act of 2010 - Authorizes the Secretary of the Treasury to mint and issue a $25 palladium bullion investment coin bearing designs that are close likenesses of the work of American coin designer and medallic artist Adolph Alexander Weinman. Requires the obverse to bear a high-relief likeness of the "Winged Liberty" design used on the obverse of the "Mercury dime," and the reverse a high-relief version of the reverse design of the 1907 American Institute of Architects medal. Requires the coin also to bear other inscriptions, including "Liberty," "In God We Trust," and "United States of America." Allows any U.S. Mint other than the one at West Point, New York, to strike the coins, unless the Secretary of the Treasury decides to issue a proof version, which shall be struck only at West Point. Conditions the minting and issuance of palladium bullion coins upon submission to the Secretary and Congress of a marketing study by a reputable, independent third party: (1) analyzing the market for palladium bullion investments; and (2) demonstrating that there would be adequate demand for such coins to ensure that they could be minted and issued at no net cost to taxpayers.

To authorize the production of palladium bullion coins to provide affordable opportunities for investments in precious metals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Derivatives and Hedge Fund Regulatory Improvement Act of 2008''. SEC. 2. COORDINATED RULEMAKING. (a) Initiation of Proceedings.--Not later than 90 days after the date of enactment of this Act, the appropriate Federal banking agencies, in coordination with the Commission, after consultation with the Secretary of the Treasury and the Commodity Futures Trading Commission, shall initiate a coordinated rulemaking with respect to the entities under their respective jurisdictions that engage in transactions involving unregistered hedge funds or over-the-counter derivatives-- (1) to extend the requirements of regulations relating to the safety and soundness of the financial system applicable to mutual funds under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) to unregistered hedge funds, including-- (A) requiring the fund to disclose its policies on borrowing money and requiring a shareholder vote to change such policy, as in section 5 of that Act (15 U.S.C. 80a-5); (B) strict record keeping and reporting rules, as in section 30 of that Act (15 U.S.C. 80a-29); and (C) capital structure requirements, as in section 18 of that Act (15 U.S.C. 80a-18); (2) to provide for the regulation of over-the-counter derivatives, including credit default swaps, interest rate swaps, currency swaps, mortgage-backed securities, asset-backed securities, collateralized debt obligations, and other derivatives that are not traded on a national securities exchange or by a registered securities association, in the public interest and for the protection of investors, the stability of the financial markets, and the well-being of the economy; and (3) to prohibit insured depository institutions from trading derivatives for their own accounts. (b) Coordination, Consistency, and Comparability.--Each of the agencies and authorities referred to in subsection (a) shall consult and coordinate with the other such agencies and authorities for the purpose of assuring, to the extent possible, that the regulations by each such agency and authority are consistent and comparable with those prescribed by the other such agencies and authorities. SEC. 3. SCOPE AND DEADLINE. The appropriate Federal banking agencies and the Commission shall, not later than 12 months after the date of enactment of this Act, issue the rules required by this Act in final form that are designed-- (1) to avoid systemic risks to the financial markets; (2) to ensure safe and sound operation of banks, including by requiring the maintenance of sufficient capital levels and limits on aggregate leverage and establishing appropriate restrictions on the buying, selling, or entering into derivatives by an insured depository institution for its own account; and (3) to provide means to prevent fraudulent, deceptive, or manipulative practices. SEC. 4. AUTHORITY TO GRANT EXCEPTIONS. The regulations prescribed under this Act may allow an insured depository institution to purchase, sell, or engage in traditional hedging transactions or to purchase, sell, or engage in transactions involving de minimus interests in derivatives for the account of that institution, but only to the extent that such exceptions are consistent with the safety and soundness of such institution. SEC. 5. AGENCY AUTHORITY. The rules issued under this Act shall be enforced by the appropriate Federal banking agencies with respect to entities under their respective jurisdictions, and by the Commission with respect to any other entity that engages in transactions involving unregistered hedge funds or over-the-counter derivatives. SEC. 6. DEFINITIONS. As used in this Act-- (1) the terms ``appropriate Federal banking agency'', ``Federal banking agencies'', and ``insured depository institution'' have the same meanings as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (2) the term ``Commission'' means the Securities and Exchange Commission; and (3) the term ``derivative''-- (A) means any financial contract or other instrument that derives its value from the value or performance of any security or other financial instrument, or of any excluded commodity (as that term is defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)); and (B) does not include-- (i) any security that is traded on a national securities exchange or on an automated interdealer quotation system sponsored by a securities association registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3); or (ii) any forward contract which has a maturity at a time of issuance of not longer than 270 days; (4) the term ``unregistered hedge fund''-- (A) means any pooled investment vehicle, or group or family of pooled investment vehicles, that-- (i) has total assets under management of not less than $1,000,000,000 or such other amount as is determined to be appropriate by the appropriate Federal banking agency and the Commission with respect to the entities under their respective jurisdictions; and (ii) is excepted from the definition of an investment company by paragraph (1) or (7) of section 3(c) of the Investment Company Act of 1940, or is a foreign company that would be required to obtain an order from the Commission under section 7(d) of that Act if it made a public offering of its securities by use of the mails and means or instrumentalities of interstate commerce; and (B) does not include a commodity pool operator or futures commission merchant (as such terms are defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)).

Derivatives and Hedge Fund Regulatory Improvement Act of 2008 - Directs the appropriate federal banking agencies, with respect to the entities under their respective jurisdictions that engage in transactions involving unregistered hedge funds or over-the-counter derivatives, to initiate a coordinated rulemaking to: (1) extend to unregistered hedge funds the requirements governing the safety and soundness of the financial system applicable to mutual funds; (2) provide for the regulation of over-the-counter derivatives that are not traded on a national securities exchange or by a registered securities association (including credit default swaps, interest rate swaps, currency swaps, mortgage-backed securities, asset-backed securities, and collateralized debt obligations); and (3) prohibit insured depository institutions from trading derivatives for their own accounts. Requires the appropriate federal banking agencies and the Securities and Exchange Commission (SEC) to promulgate rules designed to: (1) avoid systemic risks to the financial markets; (2) ensure safe and sound operation of banks, including mandatory maintenance of sufficient capital levels and limits on aggregate leverage, and restrictions on buying, selling, or entering into derivatives by an insured depository institution for its own account; and (3) provide means to prevent fraudulent, deceptive, or manipulative practices.

A bill to address the regulation of derivatives and unregistered hedge funds, and for other purposes.

SECTION 1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM. Part Q of title III (42 U.S.C. 280h et seq.) is amended by inserting after section 399W the following: ``SEC. 399W-1. COMMUNITY-BASED OVERWEIGHT AND OBESITY PREVENTION PROGRAM. ``(a) Program.--The Secretary shall establish a community-based overweight and obesity prevention program consisting of awarding grants and contracts under subsection (b). ``(b) Grants.--The Secretary shall award grants to, or enter into contracts with, eligible entities-- ``(1) to plan evidence-based programs for the prevention of overweight and obesity among children and their families through improved nutrition and increased physical activity; or ``(2) to implement such programs. ``(c) Eligibility.--To be eligible for a grant or contract under subsection (b), an entity shall be a community partnership that demonstrates community support and includes-- ``(1) a broad cross section of stakeholders, such as-- ``(A) hospitals, health care systems, community health centers, or other health care providers; ``(B) universities, local educational agencies, or childcare providers; ``(C) State, local, and tribal health departments; ``(D) State, local, and tribal park and recreation departments; ``(E) employers; and ``(F) health insurance companies; ``(2) residents of the community; and ``(3) representatives of public and private entities that have a history of working within and serving the community. ``(d) Period of Awards.-- ``(1) In general.--The period of a grant or contract under this section shall be 5 years, subject to renewal under paragraph (2). ``(2) Renewal.--At the end of each fiscal year, the Secretary may renew a grant or contract award under this section only if the grant or contract recipient demonstrates to the Secretary's satisfaction that the recipient has made appropriate, measurable progress in preventing overweight and obesity. ``(e) Requirements.-- ``(1) In general.--The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the Secretary's satisfaction that-- ``(A) not later than 90 days after receiving the grant or contract, the entity will establish a steering committee to provide input on the assessment of, and recommendations on improvements to, the entity's program funded through the grant or contract; and ``(B) the entity has conducted or will conduct an assessment of the overweight and obesity problem in its community, including the extent of the problem and factors contributing to the problem. ``(2) Matching requirement.--The Secretary may award a grant or contract to an eligible entity under this section only if the entity agrees to provide, from non-Federal sources, an amount equal to $1 (in cash or in kind) for each $9 provided through the grant or contract to carry out the activities supported by the grant or contract. ``(3) Payor of last resort.--The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the satisfaction of the Secretary that funds received through the grant or contract will not be expended for any activity to the extent that payment has been made, or can reasonably be expected to be made-- ``(A) under any insurance policy; ``(B) under any Federal or State health benefits program (including titles XIX and XXI of the Social Security Act); or ``(C) by an entity which provides health services on a prepaid basis. ``(4) Maintenance of effort.--The Secretary may award a grant or contract under this section to an entity only if the entity demonstrates to the satisfaction of the Secretary that-- ``(A) funds received through the grant or contract will be expended only to supplement, and not supplant, non-Federal and Federal funds otherwise available to the entity for the activities to be funded through the grant or contract; and ``(B) with respect to such activities, the entity will maintain expenditures of non-Federal amounts for such activities at a level not less than the lesser of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives the grant or contract. ``(f) Preferences.--In awarding grants and contracts under this section, the Secretary shall give preference to eligible entities that-- ``(1) will serve communities with high levels of overweight and obesity and related chronic diseases; or ``(2) will plan or implement activities for the prevention of overweight and obesity in school or workplace settings. ``(g) Report.--The Secretary shall submit to the Congress an annual report on the program of grants and contracts awarded under this section. ``(h) Definitions.--In this section: ``(1) The term `evidence-based' means that methodologically sound research has demonstrated a beneficial health effect in the judgment of the Secretary and includes the Ways to Enhance Children's Activity and Nutrition (We Can) program and curriculum of the National Institutes of Health. ``(2) The term `local educational agency' has the meaning given to the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(i) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2011 and such sums as may be necessary for each of fiscal years 2012 through 2015.''.

Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a community-based overweight and obesity prevention program under which the Secretary shall award grants to, or enter into contracts with, eligible entities to plan and implement evidence-based programs for the prevention of overweight and obesity among children and their families through improved nutrition and increased physical activity. Sets the period of a grant or contract at five years, subject to renewal. Requires an entity, to be eligible, to be a community partnership that demonstrates community support. Authorizes the Secretary to award a grant or contract to only an entity that: (1) demonstrates that it will establish a steering committee to provide input on the assessment of, and improvements to, the entity's program and has conducted or will conduct an assessment of the overweight and obesity problem in its community; (2) agrees to provide non-federal amounts equal to $1 for each $9 provided; and (3) demonstrates that it will maintain its previous level of spending for funded activities. Directs the Secretary to give preference to entities that will: (1) serve communities with high levels of overweight and obesity and related chronic diseases; and (2) plan or implement activities for the prevention of overweight and obesity in school or workplace settings.

To amend the Public Health Service Act to authorize a community-based overweight and obesity prevention program.

SECTION 1. DENIAL OF CERTAIN TAX BENEFITS. (a) General Rule.--Section 527 of the Internal Revenue Code of 1986 (relating to political organizations) is amended by adding at the end thereof the following new subsection: ``(i) Special Rules for Certain Campaign Committees.-- ``(1) In general.--In the case of any political organization to which this subsection applies for any taxable year-- ``(A) all excess campaign contributions received by such organization during such taxable year shall be included in gross income and the exemptions provided by subsection (c)(1) for exempt function income shall not apply to such contributions, and ``(B) the provisions of subsection (h) shall not apply to such organization for such taxable year. ``(2) Organizations to which subsection applies.--This subsection shall apply to any political organization for any taxable year if-- ``(A) such organization is a campaign committee of a candidate for election as a Member of the House of Representatives or as a Delegate or Resident Commissioner to the House of Representatives, and ``(B) the contribution limitations of paragraph (3) are not satisfied by such candidate-- ``(i) in the case of the first taxable year beginning in an election cycle, for the portion of such election cycle ending with the close of the taxable year, or ``(ii) in the case of the taxable year in which such election cycle ends, for the entire election cycle. ``(3) Contribution limitations.--The contribution limitations of this paragraph are satisfied by any candidate for any election cycle (or portion thereof) if-- ``(A) the sum of the following amounts does not exceed $600,000: ``(i) the amount of cash and the fair market value of other property held by campaign committees of such candidate as of the beginning of such election cycle, plus ``(ii) the aggregate amount of political contributions accepted by such candidate or by such candidate's campaign committees during such election cycle (or portion thereof), and ``(B) the aggregate amount of political contributions from multicandidate political committees accepted by such candidate or by such candidate's campaign committees during such election cycle (or portion thereof) does not exceed $300,000. ``(4) Excess campaign contributions.-- ``(A) In general.--For purposes of this subsection, the term `excess campaign contributions' means the amount of contributions received by the political organization during the taxable year to the extent such contributions exceed the amount permitted under the contribution limitations of paragraph (3). ``(B) Special rule.--For purposes of this subtitle, contributions received during the portion of any election cycle before the first taxable year beginning in such cycle shall be treated as received in such first taxable year. ``(5) Election cycle.--For purposes of this subsection, the term `election cycle' means the period beginning with the day after the date of a general election for the House of Representatives and ending with the date of the next general election for the House of Representatives. ``(6) Multicandidate political committee.--The term `multicandidate political committee' has the meaning given such term by section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 2. DENIAL OF LOWEST UNIT CHARGE FOR CAMPAIGN ADS. Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) is amended by adding at the end the following new sentence: ``The limitations on charges contained in this subsection shall not apply in the case of a candidate for election as a Member of, or Delegate or Resident Commissioner to, the United States House of Representatives unless such candidate certifies, at the time of entering into a contract for the use of such broadcasting station, that such candidate has not obtained any excess campaign contributions for the current election cycle, as determined under section 527(i)(4) of the Internal Revenue Code of 1986.''. SEC. 3. REDUCED THIRD-CLASS MAILING RATES. (a) In General.--Section 3626(e) of title 39, United States Code, is amended-- (1) in paragraph (2)(A)-- (A) by striking ``and the National'' and inserting ``the National''; and (B) by striking ``Committee;'' and inserting ``Committee, and, subject to paragraph (3), a campaign committee of a candidate for the House of Representatives;''; (2) in paragraph (2)(B), by striking ``and'' after the semicolon; (3) in paragraph (2)(C), by striking the period and inserting ``; and''; (4) by adding after paragraph (2)(C) the following: ``(D) the term `candidate for the House of Representatives' means a candidate for election as a Member of, or Delegate or Resident Commissioner to, the House of Representatives.''; and (5) by adding after paragraph (2) the following: ``(3) The rates under this subsection shall not be available to a campaign committee of a candidate for the House of Representatives unless such committee certifies, at such time and in such manner as the Postal Service by regulation requires, that such candidate has not obtained any excess campaign contributions for the current election cycle, as determined under section 527(i)(4) of the Internal Revenue Code of 1986.''. (b) Sense of the Congress.--It is the sense of the Congress that any additional costs incurred by the United Postal Service in connection with providing reduced rates of postage pursuant to the amendments made by subsection (a) should be funded out of any revenues attributable to the amendment made by section 1.

Amends the Internal Revenue Code with respect to political organizations to establish a campaign contribution limitation scheme applicable to the campaign committee of a candidate for election to the House of Representatives. Provides that excess campaign contributions received by such an organization shall be included in its gross income. Amends the Communications Act of 1934 and Federal postal service law to condition the lowest unit charge for campaign ads upon a candidate's certification of compliance with such contribution limitation. Expresses the sense of the Congress that additional costs incurred by the United Postal Service in providing reduced rates of postage pursuant to this Act should be funded out of revenues attributable to this Act.

To deny certain benefits to candidates for election to the House of Representatives who accept contributions in excess of certain limitations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lymphedema Diagnosis and Treatment Cost-Saving Act of 2011''. SEC. 2. COVERAGE OF LYMPHEDEMA DIAGNOSIS AND TREATMENT SERVICES UNDER MEDICARE. (a) Coverage of Services.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) in subparagraph (EE), by striking ``and'' at the end; (B) in subparagraph (FF), by adding ``and'' at the end; and (C) by adding at the end the following new subparagraph: ``(GG)(i) lymphedema diagnosis services (as defined in subsection (iii)(1)) and lymphedema treatment services (as described in subsection (iii)(2)); and ``(ii) lymphedema compression treatment items (as defined in subsection (jjj)).''; and (2) by adding at the end the following new subsections: ``(iii) Lymphedema Diagnosis and Treatment Services.--(1) Lymphedema Diagnosis Services.--The term `lymphedema diagnosis services' means, with respect to an individual, the differential diagnosis of the source of the individual's edema and the identification of the specific etiology and functional lymphatic deficiency, in which such diagnosis-- ``(A) is provided by a provider, as defined in paragraph (3), for the purpose of developing a lymphedema treatment plan; and ``(B) may utilize any diagnostic tools the provider determines to be reasonable and necessary. ``(2) Lymphedema Treatment Services.--The term `lymphedema treatment services' means, with respect to an individual, services for the treatment of lymphedema (regardless of cause)-- ``(A) that are-- ``(i) provided in an inpatient or outpatient setting; ``(ii) provided by a provider, as defined in paragraph (3), within the established scope of practice of such provider; and ``(iii) medically necessary, in accordance with the current standard of lymphedema treatment, including complete decongestive therapy, which is a multi-modal therapy comprising of manual lymph drainage, compression therapy utilizing multilayer bandage systems, compression garments and devices, exercise, skin care, patient education, and any other lymphedema treatment modalities determined by the Secretary to be safe and effective; and ``(B) which shall-- ``(i) include as medically necessary with respect to the individual-- ``(I) an initial evaluation and course of clinical treatment, including initial baseline measurements and subsequent measurements to assess treatment efficacy and progress; ``(II) follow-up courses of clinical treatment; ``(III) in the case that such individual has cancer, clinical measurements, including initial pre-operative baseline measurements and periodic subsequent measurements to diagnose the presence of lymphedema; and ``(IV) any other treatment modality approved by the Secretary; and ``(ii) be provided in accordance with such schedule, duration, and number of treatments as determined medically necessary. ``(3) Provider Defined.--For purposes of this subsection and subsection (jjj), the term `provider' means any licensed medical or health care provider whose State licensing board recognizes lymphedema diagnosis, lymphedema treatment, or both to fall within the scope of practice of such medical or health care provider. ``(jjj) Lymphedema Compression Treatment Items.--The term `lymphedema compression treatment items' means, with respect to an individual, compression garments, devices, bandaging systems, components, and supplies that are primarily and customarily used in the medical treatment of lymphedema of the arms, hands, legs, feet, torso, face and neck, breast and chest, abdomen, and genitalia, as prescribed by a provider, as defined in subsection (iii)(3). Such term includes-- ``(1) multilayer compression bandaging systems, including short-stretch and medium-stretch compression bandages; cotton, synthetic, or foam padding; gauze or elastic finger and toe bandages; foam pads; directional flow padding; and tubular bandages; ``(2) custom or standard fit gradient compression garments; ``(3) non-elastic and low-elastic compression garments, manually adjustable or fitted padded directional flow garments (with or without elastic or non-elastic compression jackets) and compression wraps and directional flow pads; ``(4) aids and ancillary equipment consisting of donning aids, bandage rollers, shoes to fit over compression items, and other specialized items used with the items described in paragraphs (1) through (3); ``(5) pneumatic appliances connected to and used in conjunction with pneumatic sequential compression controllers; ``(6) any other compression garments, bandaging systems, devices, and aids determined by the Secretary to be effective in the prevention or treatment of lymphedema; and ``(7) replacements of any items under this subsection in accordance with section 1834(p)(3).''. (b) Payment.-- (1) Lymphedema compression treatment items.-- (A) In general.--Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (i) in paragraph (8), by striking at the end ``and''; (ii) in paragraph (9), by striking at the end the period and inserting a semi-colon; and (iii) by adding at the end the following new paragraph: ``(10) in the case of lymphedema compression treatment items described in section 1861(jjj), the amount determined under section 1834(p); and''. (B) Payment determined.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(p) Payment for Lymphedema Compression Treatment Items.-- ``(1) General rule for payment.-- ``(A) In general.--With respect to a lymphedema compression treatment item as defined in section 1861(jjj)) for which payment is determined under this subsection, subject to subparagraph (D), payment shall be made in an amount equal to 80 percent of the payment basis described in subparagraph (B). ``(B) Payment basis.--The payment basis described in this subparagraph, with respect to a lymphedema compression treatment item described in section 1861(jjj), is the actual charge for the item. ``(C) Exclusive payment rule for home health agencies.--Notwithstanding any other provision of this title, this subsection shall constitute the exclusive provision of this title for payment for lymphedema compression treatment items described in section 1861(jjj) under this part or under part A to a home health agency or for such items that are furnished as an incident to a physician's professional service. ``(2) Allowable quantities.--In the case it is determined by a provider, as defined in section 1861(iii)(3), that lymphedema compression treatment items are required as part of lymphedema treatment services under section 1861(iii)(2), then payment may be made under this title in accordance with this subsection for such items in the quantity which is customary, reasonable, and medically necessary. ``(3) Replacement of lymphedema compression treatment items.-- ``(A) In general.--Payment shall be made under this subsection, with respect to an individual, for the replacement of a lymphedema compression treatment item if the period of the reasonable and useful lifetime of the item (as described in subparagraph (B)) has expired or a provider, as defined in section 1861(iii)(3), determines that a replacement, or repair, of such item, is medically necessary. ``(B) Reasonable and useful lifetime.--For purposes of subparagraph (A), the period of the reasonable and useful lifetime of a lymphedema compression treatment item is as follows: ``(i) In the case of any item described in section 1861(jjj)(1), 1 year. ``(ii) In the case of any item described in section 1861(jjj)(2), 6 months. ``(iii) In the case of any item described in section 1861(jjj)(3), 2 years. ``(iv) In the case of any item described in section 1861(jjj)(4), 1 year. ``(v) In the case of any item described in section 1861(jjj)(5), 5 years. ``(vi) In the case of any item described in section 1861(jjj)(6), such period as determined by the Secretary, in consultation with appropriate health organizations, at the time the Secretary determines such item to be effective in the prevention or treatment of lymphedema.''. (C) Application of supplier requirements.--Section 1834(j)(5) of such Act (42 U.S.C. 1395m(j)(5)) is amended-- (i) in subparagraph (E), by striking at the end ``and''; (ii) in subparagraph (F), by striking at the end the period and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(G) lymphedema compression treatment items (as defined in section 1861(jjj)).''. (2) Lymphedema diagnosis and treatment services.-- (A) In general.--Section 1833(a) of such Act, as amended by paragraph (1)(A), is further amended by adding at the end the following new paragraph: ``(11)(A) in the case of lymphedema diagnosis services (as defined in section 1861(iii)(1)) furnished by a provider (as defined in section 1861(iii)(3)) the amount described in section 1834(q); and ``(B) in the case of lymphedema treatment services (as defined in section 1861(iii)(2)) furnished by a provider (as defined in section 1861(iii)(3)) the amount described in section 1834(k).''. (B) Payment method.--Section 1834 of such Act, as amended by paragraph (1)(B), is further amended by adding at the end the following new subsection: ``(q) Payment for Outpatient Lymphedema Diagnosis and Treatment Services by Physicians and Non-Physician Practitioners.-- ``(1) In general.--For purposes of section 1833(a)(11), the amount described in this subsection, with respect to a lymphedema diagnosis service or lymphedema treatment service, is 80 percent of the lesser of-- ``(A) the actual charge for the service; or ``(B) the applicable fee schedule amount (as defined in paragraph (2)) for the service. ``(2) Applicable fee schedule amount.--In this subsection, the term `applicable fee schedule amount' means, with respect to services furnished in a year, the amount determined under the fee schedule established under section 1848 for such services furnished during the year.''. (C) Conforming amendment for payments under 1834(k).--Section 1834(k)(1) of such Act (42 U.S.C. 1395m(k)(1)) is amended by striking ``or 1833(a)(9)'' and inserting ``1833(a)(9), or 1833(a)(11)''. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after the date that is 180 days from the date of the enactment of this Act.

Lymphedema Diagnosis and Treatment Cost Savings Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend coverage to lymphedema diagnosis and treatment services. including lymphedema compression treatment items.

To amend title XVIII of the Social Security Act to improve the diagnosis and treatment of lymphedema under the Medicare program and to reduce costs under such program related to the treatment of lymphedema.

SECTION 1. SHORT TITLE. This Act may be cited as the ``E-Centives Act of 2009''. SEC. 2. INCREASED MATCHING PAYMENTS UNDER MEDICAID FOR HEALTH INFORMATION TECHNOLOGY. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in subsection (a)(3)(E), by inserting ``(other than costs attributable to programs described in subsection (bb))'' after ``costs incurred during such quarter''; and (2) by adding at the end the following new subsections: ``(aa) Enhanced Payments for Certified Health Information Technology Incentives.-- ``(1) In general.--The Secretary shall provide for payments to each State that provides incentive payments to physicians, hospitals, community health centers, rural health clinics, and community mental health centers that exhibit meaningful use of health information technology certified under this subsection, as determined by the measures for meaningful use of health information technology under paragraph (5). No payment may be made to a State for incentive payments made by a State for meaningful use of health information technology that occurs before January 1, 2010. ``(2) Application.--To qualify for payments under paragraph (1), a State shall submit an application in a time and manner specified by the Secretary and containing the following: ``(A) A description of the incentive payments. ``(B) A description of the method the State will use to allocate such incentive payments among physicians, hospitals, community health centers, rural health clinics, and community mental health centers, including how the State will prioritize payments to providers serving a high percentage of Medicaid, SCHIP, and uninsured patients. ``(C) A time line for implementing such payment incentives. ``(D) A plan for disseminating information to physicians, hospitals, community health centers, rural health clinics, and community mental health centers about the availability of such payment incentives. ``(E) An assessment of the current level of use of health information technology by physicians, hospitals, community health centers, rural health clinics, and community mental health centers in the State, using a standard assessment form developed by the Secretary. ``(F) Any other information required by the Secretary. ``(3) Amount of payments to states.-- ``(A) In general.--Subject to subparagraph (B), the payment made to a State under this subsection for a quarter, with respect to sums expended by such State during such quarter that are attributable to providing incentive payments under paragraph (1), shall be in an amount equal to the following: ``(i) For any quarter in 2010, the enhanced FMAP (as defined in section 2105(b)) of such sums. ``(ii) For any quarter in 2011 or 2012, such sums multiplied by a percentage equal to such enhanced FMAP minus 1.5 percentage points. ``(iii) For any quarter in 2013 or 2014, such sums multiplied by a percentage equal to such enhanced FMAP minus 3 percentage points. ``(iv) For any quarter beginning after 2014, 0. ``(B) Limitation.-- ``(i) Fiscal year limitation.--The total amount of payments made under this subsection shall not exceed $500,000,000 for any fiscal year. ``(ii) Allocation.--If the amounts otherwise payable under this subsection for a fiscal year exceed the amount specified in clause (i), the Secretary shall reduce the amounts payable under this subsection, in a manner specified by the Secretary, to comply with the limitation under such clause. ``(iii) Duplicative payments prohibited.-- No payment shall be made under any other provision of this title for expenditures for which payment is made under this subsection. ``(C) Manner of payment.--Payment to a State under this subsection shall be made in the same manner as payments under subsection (a). ``(4) Certification requirements for health information technology.-- ``(A) In general.--The Secretary, in consultation with the Office of the National Coordinator for Health Information Technology and the Certification Commission of Health Information Technology, shall determine the requirements for certification of health information technology under this subsection. ``(B) Interim certification requirements.--During any period in which the Secretary has not determined such certification requirements, the Secretary, for purposes of this subsection, shall use the certification requirements for health information technology established by the Certification Commission for Health Information Technology. ``(5) Measures for meaningful use of health information technology.-- ``(A) In general.--For purposes of this subsection, the Secretary shall publish standard measures of meaningful use of health information technology to be used by providers to demonstrate meaningful use of certified health information technology. Such measures may include-- ``(i) self-certification of operational use of such technology; ``(ii) the submission of (or ability to submit), in a form and manner specified by the Secretary, such information on clinical measures and data (that do not include individually identifiable health information) from such technology as indicates a meaningful utilization of such technology; and ``(iii) such other means as the Secretary may specify. ``(B) Alternative measures.--The Secretary may establish and apply different measures based on the stage of implementation or adoption of the certified health information technology involved. ``(bb) Payments for Electronic Information and Eligibility Systems and Patient Registries.-- ``(1) In general.--In addition to the payments provided under subsection (a), the Secretary shall provide for payments to each State that establishes a program to-- ``(A) design, develop, install, maintain, and operate-- ``(i) electronic information and eligibility systems; and ``(ii) patient registries for the purpose of disease screening; ``(B) coordinate benefits and services under this title and under title XVIII for individuals under the State plan who are full-benefit dual eligible individuals. ``(C) train providers in the use of such systems and registries. ``(2) Application.--To qualify for payments under paragraph (1), a State shall submit an application in such time and manner as required by the Secretary and containing such information as the Secretary specifies and include, at a minimum, a description of the electronic information and eligibility systems and patient registries covered by the program described in paragraph (1). ``(3) Amount of payments to states.-- ``(A) In general.--The payments made a State under this subsection shall be an amount equal to-- ``(i) 90 percent of so much of the sums expended by such State during any quarter commencing on or after January 1, 2010, as are attributable to-- ``(I) the design, development, or installation of electronic information and eligibility systems and patient registries under paragraph (1); and ``(II) training staff employed by providers on the use of such system or registry during the three-year period beginning on the date such system or registry is installed; and ``(ii) 75 percent of so much of the sums expended by such State during any quarter commencing on or after January 1, 2010, as are attributable to-- ``(I) the maintenance of such systems and registries; and ``(II) training for staff employed by providers on the use of a system or registry that occurs after the last day of the end of the period described in clause (i)(II). ``(B) Manner of payment.--Payment to a State under this subsection shall be made in the same manner as payments under subsection (a). ``(4) Electronic information and eligibility system defined.--For purposes of this subsection, the term `electronic information and eligibility system' means a system for determining eligibility and exchanging information that meets such requirements as the Secretary shall specify. Such requirements for a system shall include a requirement that the system-- ``(A) be interconnected and interoperable with other electronic systems and registries, including-- ``(i) systems administered by the Centers for Disease Control for disease reporting purposes; ``(ii) systems that exist for the purpose of determining eligibility for the Medicare program under title XVIII; and ``(iii) systems that exist for the purpose of determining eligibility for the Temporary Assistance for Needy Families program under title IV, free and reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), or other federally funded programs targeted to low- income populations; and ``(B) can be used to automatically send, receive, and integrate data (including laboratory results and medical histories) from systems and registries administered by other providers or organizations or through a health information exchange.''. SEC. 3. MEDICAID TRANSFORMATION PAYMENTS REPORT. (a) In General.--Not later than June 30, 2009, the Secretary of Health and Human Services shall submit to Congress a report on Medicaid transformation payments under section 1903(z) of the Social Security Act (42 U.S.C. 1396b(z)). (b) Contents.--The report under subsection (a) shall include-- (1) a description-- (A) of the financial costs and benefits of the Medicaid transformation payments; (B) of the entities to which such costs and benefits accrue; and (C) of any reduction in duplicative or unnecessary care resulting from methods adopted by States and funded by such payments; and (2) an analysis of the information contained in the reports submitted to the Secretary by States under section 1903(z)(3)(C) of the Social Security Act during the two-year period ending on December 31, 2008, including-- (A) the impact of the methods funded by the payments on-- (i) health care quality and safety; and (ii) the privacy and security of identifiable health information; (B) the effect of such methods on furthering interconnectedness between-- (i) providers and State Medicaid programs; and (ii) State Medicaid programs and other programs for low-income populations administered by State and Federal entities; (C) the extent to which such methods reduce the administrative burden on such programs; and (D) the contribution of the payments to the goals of public health and public health reporting.

E-Centives Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to provide for payments to each state that provides incentive payments to physicians, hospitals, community health centers, rural health clinics, and community mental health centers that exhibit meaningful use of certified health information technology. Directs the Secretary to provide for payments to each state that establishes a program to: (1) design, develop, install, maintain, and operate electronic information and eligibility systems and patient registries for the purpose of disease screening; (2) coordinate benefits and services under Medicare and Medicaid for full-benefit dual eligible individuals under the state plan; and (3) train providers in the use of such systems and registries. Directs the Secretary of Health and Human Services to submit to Congress a report on Medicaid transformation payments to states for the adoption of innovative methods to improve effectiveness and efficiency in providing medical assistance.

A bill to amend title XIX of the Social Security Act to encourage the use of certified health information technology by providers in the Medicaid program and the Children's Health Insurance Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Backcountry Landing Strip Access Act''. SEC. 2. FINDINGS. Congress finds that aircraft landing strips-- (1) serve an essential safety function as emergency landing areas; (2) serve as trailhead access points for-- (A) outdoor enthusiasts and their activities, including hiking, fishing, and hunting; (B) land management activities, including forest management and firefighting; and (C) inholdings, including mining, ranching, scientific research, and tourism; (3) provide access to national parks, national forests, wilderness areas, and other Federal land for people who would otherwise be physically unable to enjoy such places; (4) support the economies of the surrounding communities by providing efficient access for visitors seeking recreational activities; and (5) serve an essential role in search and rescue, forest and ecological management, research, wildlife management, aerial mapping, firefighting, and disaster relief. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Aircraft landing strip.--The term ``aircraft landing strip'' means an established aircraft landing strip located on Federal land under the administrative jurisdiction of the Secretary that is for aircraft landing and departure activities. (3) Permanently close.--The term ``permanently close'' means any closure lasting more than 30 consecutive days in any calendar year. (4) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Department of the Interior, the Secretary of the Interior; and (B) with respect to land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture. SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN AIRCRAFT LANDING STRIPS. (a) In General.--The Secretary shall not take any action that would permanently close, restrict, or render or declare as unserviceable any aircraft landing strip unless-- (1) the action has been approved by the head of the aviation department of the State in which the aircraft landing strip is located; (2) the Secretary publishes notice of the proposed action in the Federal Register, including notice that the action would permanently close, restrict, or render or declare as unserviceable the aircraft landing strip; (3) the Secretary provides for a 90-day public comment period beginning on the date on which the notice under paragraph (2) is published; and (4) the Secretary and the head of the aviation department of the State in which the affected aircraft landing strip is located have taken into consideration any comments received during the comment period described in paragraph (3). (b) Policies.-- (1) Backcountry aviation policies.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall jointly-- (A) establish a national policy for governing backcountry aviation issues relating to the management of Federal land under the jurisdiction of the Department of the Interior and the Department of Agriculture; and (B) require officials with jurisdiction over the land described in subparagraph (A) to adhere to the policy established pursuant to such subparagraph. (2) Requirements.--Any policy affecting air access to an aircraft landing strip, including the policy established under paragraph (1), shall not take effect unless the policy-- (A) acknowledges that the Administrator has the sole authority to control aviation and airspace over the United States; and (B) was developed after seeking and considering comments from State governments and the public. (c) Maintenance of Airstrips.-- (1) In general.--To ensure that aircraft landing strips are maintained in a manner that is consistent with the resource values of any adjacent area, the Secretary shall consult with-- (A) the head of the aviation department of each State in which an aircraft landing strip is located; and (B) any other interested parties. (2) Cooperative agreements.--The Secretary may enter into cooperative agreements with interested parties for the maintenance of aircraft landing strips. (3) Maintenance standards.--State aircraft landing strip maintenance standards shall be used as the minimum standard when such standards are available. (d) Exchanges or Acquisitions.-- (1) Conditions.--If the Federal Government acquires private or public property on which an aircraft landing strip is located, the acquisition may not require-- (A) the closure or purposeful neglect of the aircraft landing strip; or (B) any other action that would restrict the use of any aircraft landing strip. (2) Availability.--Each private or publicly owned aircraft landing strip acquired by the Federal Government shall be made available to the general public for unrestricted use. (e) Effect on Federal Aviation Administration Authority.--Nothing in this Act may be construed to affect the authority of the Administrator over aviation or airspace.

Backcountry Landing Strip Access Act - Prohibits the Secretaries of the Interior or Agriculture from taking any action that would permanently close, restrict, or render or declare unserviceable any aircraft landing strip located on land under their jurisdiction unless: (1) the action has been approved by the head of the aviation department of the state in which the landing strip is located; (2) the Secretary publishes notice of the proposed action and provides for a 90-day public comment thereafter; and (3) the Secretary and appropriate state aviation department head have taken into consideration any comments received. Requires the Secretaries to: (1) establish a nationwide policy for governing backcountry aviation issues relating to the management of federal land under the jurisdiction of the Departments of the Interior and Agriculture; and (2) require officials with jurisdiction over such land to adhere to such policy. Requires private and publicly-owned aircraft landing strips acquired by the government to be made available to the public for unrestricted use.

To ensure public access to Federal land and to the airspace over Federal land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe, Efficient, Coordinated, Unified, Revitalized, Enhanced Visa Waiver Act''. SEC. 2. ELECTRONIC SUBMISSION OF BIOGRAPHICAL INFORMATION BY VISA WAIVER PARTICIPANTS. (a) In General.--The Secretary of Homeland Security shall establish, as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic system through which an alien seeking to enter the United States without a visa under the visa waiver program described in section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is required to submit biographical information prior to embarkation. (b) Elements.--The electronic system required to be established under subsection (a) shall satisfy the following requirements: (1) Electronic determination of eligibility.--The system shall include a method for an electronic determination to be made, and an electronic response to be provided, in 30 minutes or less, as to whether or not an alien submitting information as described in subsection (a) is eligible to be admitted to the United States as a nonimmigrant visitor described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)). (2) Carrier obligations.--The system shall include a method for requiring-- (A) carriers and other corporations described in section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to inquire electronically, prior to an alien passenger's embarkation without a visa, whether the alien has been determined, using the system described in this section, to be eligible for such an admission; and (B) the electronic response to such inquiry to be provided in 90 seconds or less. (3) Deployment.--The system shall be deployed as soon as possible after the date of the enactment of this Act. (4) Fee.--The Secretary of Homeland Security shall establish a fee to be charged to aliens described in subsection (a) that is set at a level that will ensure the recovery of the full costs of establishing and operating the system. (c) Consultation.--In developing the system, the Secretary of Homeland Security shall consult with, and allow for the system's review by, a private sector group consisting of individuals with expertise in travel, tourism, privacy, national security, or computer security issues. SEC. 3. CHANGE TO REQUIREMENT FOR READERS AND SCANNERS AT PORTS OF ENTRY. Section 303(b)(2)(A) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(b)(2)(A)) is amended to read as follows: ``(A) In general.--Not later than October 26, 2004, the Secretary of Homeland Security, in consultation with the Secretary of State, shall install at all ports of entry into the United States equipment and software to allow biometric comparison and authentication of all United States visas and other travel and entry documents issued to aliens. Not later than October 26, 2005, the Secretary of Homeland Security, in consultation with the Secretary of State, shall install at all ports of entry into the United States equipment and software to allow biometric comparison and authentication of passports issued pursuant to subsection (c)(1).''. SEC. 4. TECHNOLOGY STANDARD IMPLEMENTATION DEADLINE. Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended, in each of paragraphs (1) and (2), by striking ``2004,'' and inserting ``2005,''. SEC. 5. LIMITED GOOD FAITH WAIVER. Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732(c)) is amended by adding at the end the following: ``(3) Limited good faith waiver.-- ``(A) In general.--The Secretary of Homeland Security, in consultation with the Secretary of State, may grant not more than 2 extensions for a country, and its nationals, of the deadlines in paragraphs (1) and (2), respectively, upon a determination that the country is making substantial progress towards ensuring that the passports the country issues to its nationals satisfy the requirements of paragraph (1). Each such extension shall be for a period not exceeding 6 months. ``(B) Factors.--In determining whether a country is making substantial progress under subparagraph (A), the Secretary of Homeland Security shall take into account the following factors, which shall be certified by the Secretary of State: ``(i) Whether the country has made a good faith effort to satisfy the requirements of paragraph (1) not later than October 26, 2005. ``(ii) Whether the country has a program designed to satisfy the requirements of paragraph (1) not later than October 26, 2006. ``(iii) Whether the country has commenced a pilot program under which some number of passports that satisfy the requirements of paragraph (1) will be issued before March 26, 2006. ``(4) Reports.-- ``(A) Initial.--Not later than October 26, 2005, the Secretary of Homeland Security, in consultation with the Secretary of State, shall issue an initial report on the status of countries' progress in meeting the requirements of paragraph (1). ``(B) Final.--Not later than April 25, 2006, the Secretary of Homeland Security, in consultation with the Secretary of State, shall issue a final report on the status of countries' progress in meeting the requirements of paragraph (1).''. SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. Section 303 of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1732) is amended by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''.

Safe, Efficient, Coordinated, Unified, Revitalized, Enhanced Visa Waiver Act - Directs the Secretary of Homeland Security to establish an electronic system that requires aliens seeking entry to the United States under the visa waiver program (VWP) to submit biographical information prior to embarkation. Requires such system to: (1) make electronic determinations of eligibility for admission within 30 minutes; (2) require carriers and other corporations providing transportation to inquire electronically, prior to embarkation, whether the alien has been determined eligible for admission and to respond to such inquiries within 90 seconds; and (3) be deployed as soon as possible. Requires the Secretary: (1) to charge a fee to VWP aliens that ensures the recovery of the full costs of establishing and operating the system; and (2) in developing the system, to consult with and allow for review by a private sector group consisting of experts in travel, tourism, privacy, national security, or computer security issues. Amends the Enhanced Border Security and Visa Entry Reform Act to extend by one year: (1) the deadline for installing equipment and software at U.S. ports of entry to allow biometric comparison and authentication of machine-readable passports issued by VWP countries; and (2) the deadline for VWP aliens to present such passports. Authorizes the Secretary to grant up to two extensions of the new deadlines where the VWP country is making substantial progress toward issuing machine-readable, tamper-resistant passports that incorporate biometric and document authentication identifiers.

To secure the visa waiver program under section 217 of the Immigration and Nationality Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FEMA Common Sense and Cost Effectiveness Act of 2011''. SEC. 2. CONSTRUCTION AND MAINTENANCE OF LEVEES. (a) Stafford Act.-- (1) Predisaster mitigation program.--Section 203(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e)) is amended by adding at the end the following: ``(3) Construction of levees on acquired lands.--Subject to paragraph (4), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, if financial assistance provided under this section is used to acquire or accept property for open space purposes, the President may permit the construction or maintenance on the property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the President, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(4) Downstream communities.--The President may deny an application to construct or maintain a levee described in paragraph (3) if the levee poses a significant threat of harm to downstream communities.''. (2) Hazard mitigation grant program.--Section 404(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)) is amended-- (A) in paragraph (2)(B)-- (i) in clause (i), by inserting ``except for the construction or maintenance of a structure described in clause (ii) (including a levee),'' before ``any property''; and (ii) in clause (ii)-- (I) in subclause (II), by striking ``or'' at the end; (II) by redesignating subclause (III) as subclause (IV); and (iii) by inserting after subclause (II) the following: ``(III) subject to paragraph (5), a levee described in paragraph (4); or''; and (B) by adding at the end the following: ``(4) Levees.--A levee described in this paragraph is-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the President, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(5) Downstream communities.--The President may deny an application to construct or maintain a levee described in paragraph (4) if the levee poses a significant threat of harm to downstream communities.''. (b) Construction of Levees Under Hazard Mitigation Programs Relating to Floods.-- (1) Flood mitigation assistance.--Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is amended by adding at the end the following: ``(n) Construction of Levees on Acquired Lands.-- ``(1) In general.--Subject to paragraph (2), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, if the mitigation activities funded under subsection (a) include the acquisition or acceptance of property for open space purposes, the Administrator may permit the construction or maintenance on the property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the Administrator, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(2) Downstream communities.--The Administrator may deny an application to construct or maintain a levee described in paragraph (1) if the levee poses a significant threat of harm to downstream communities.''. (2) Grants for repetitive insurance claim properties.-- Section 1323 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030) is amended by adding at the end the following: ``(c) Construction of Levees on Acquired Lands.-- ``(1) In general.--Subject to paragraph (2), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, if the mitigation activities funded under subsection (a) include the acquisition or acceptance of property for open space purposes, the Administrator may permit the construction or maintenance on the property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the Administrator, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I). ``(2) Downstream communities.--The Administrator may deny an application to construct or maintain a levee described in paragraph (1) if the levee poses a significant threat of harm to downstream communities.''. (3) Severe repetitive loss program.--Section 1361A(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4102a(g)) is amended-- (A) in paragraph (1), by striking the period at the end and inserting the following: ``, including that, subject to paragraph (5), and notwithstanding any requirement that property acquired or accepted under this section be dedicated and maintained in perpetuity as open space for the conservation of natural flood plain functions, the Administrator may permit the construction or maintenance on such property of-- ``(A) a levee that is federally owned and operated; ``(B) a permanent levee that is federally constructed and non-federally operated and maintained; ``(C) a levee-- ``(i) that is federally constructed as a nonpermanent levee; ``(ii) that a non-Federal entity desires to operate and maintain as a permanent levee; and ``(iii) the owners of which-- ``(I) are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (33 U.S.C. 701n); or ``(II) begin participating in the program described in subclause (I) within a reasonable period of time, as determined by the Administrator, after the date on which the levee is constructed; and ``(D) a non-Federal levee the owners of which are participating in the program described in subparagraph (C)(iii)(I).''; and (B) by adding at the end the following: ``(5) Downstream communities.--The Administrator may deny an application to construct or maintain a levee described in paragraph (1) if the levee poses a significant threat of harm to downstream communities.''. (c) Applicability of Amendments.--The amendments made by this section shall apply to all property acquired or accepted pursuant to section 203 or 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133 and 5170c) or section 1323, 1366, or 1361A of the National Flood Insurance Act of 1968 (42 U.S.C. 4030, 4104c, and 4102a) before, on, or after the date of enactment of this Act.

FEMA Common Sense and Cost Effectiveness Act of 2011 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the National Flood Insurance Act of 1968 to authorize the construction and maintenance of levees on property acquired under the Federal Emergency Management Agency's (FEMA's) hazard mitigation grant programs, including: (1) a levee that is federally owned and operated; (2) a permanent levee that is federally constructed and nonfederally operated and maintained; (3) a levee that is federally constructed as a nonpermanent levee, that a nonfederal entity desires to operate and maintain as a permanent levee, and the owners of which are participating in, or, in a specified period after the date on which the levee is constructed, will begin participating in, the emergency response to natural disasters program; and (4) a nonfederal levee the owners of which are participating in the program. Authorizes an application to construct or maintain a levee on acquired lands to be denied if the levee poses a significant threat of harm to downstream communities.

A bill to authorize the construction and maintenance of levees on property acquired under hazard mitigation grant programs of the Federal Emergency Management Agency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Parks Capital Improvements Act of 1996''. SEC. 2. DEFINITIONS. In this Act: (1) Fundraising organization.--The term ``fundraising organization'' means an entity authorized to act as a fundraising organization under section 3(a). (2) National park foundation.--The term ``National Park Foundation'' means the foundation established under the Act entitled ``An Act to establish the National Park Foundation'', approved December 18, 1967 (16 U.S.C. 19e et seq.). (3) Park.--The term ``park'' means-- (A) the Grand Canyon National Park; and (B) any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5,000,000. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FUNDRAISING ORGANIZATION. (a) In General.--The Secretary may enter into a memorandum of agreement under section 4 with an entity to act as an authorized fundraising organization for the benefit of the park. (b) Bonds.--The fundraising organization shall issue taxable bonds in return for the park surcharge collected under section 5. (c) Professional Standards.--The fundraising organization shall abide by all relevant professional standards regarding the issuance of securities and shall comply with all Federal and State law. (d) Audit.--The fundraising organization shall be subject to an audit by the Secretary. (e) No Liability For Bonds.--The United States shall not be liable for the security of any bonds issued by the fundraising organization, except that if the surcharge specified in section 5(a) is not imposed for any reason or if such surcharge is reduced or eliminated, the full faith and credit of the United States is pledged to the payment of such bonds and the interest accruing on such bonds. SEC. 4. MEMORANDUM OF AGREEMENT. The fundraising organization shall enter into a memorandum of agreement that specifies-- (1) the amount of the bond issue; (2) the maturity of the bonds, not to exceed 20 years; (3) the per capita amount required to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards; (4) any project that will be funded with the bond proceeds and the specific responsibilities of the Secretary and the fundraising organization with respect to the project; and (5) procedures for modifications of the agreement with the consent of both parties, including modifications relating to project priorities, based on changes in circumstances. SEC. 5. PARK SURCHARGE. (a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior may authorize the Superintendent of the park to charge and collect, in addition to the entrance fee collected pursuant to section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a), a surcharge in an amount not to exceed $2 for each individual charged the entrance fee. (b) Use.--The surcharge shall be used by the fundraising organization to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards. (c) Excess Funds.--Any funds collected in excess of the amount necessary to amortize the bond issue, pay reasonable administrative expenses, and maintain a sufficient reserve, as determined by the bond underwriter, shall be remitted to the National Park Foundation to be used for the benefit of all units of the National Park System. SEC. 6. USE OF BOND PROCEEDS. (a) Eligible Projects.-- (1) In general.--Subject to paragraph (2), bond proceeds under this Act may be used for a project for the design, construction, operation, maintenance, repair, or replacement of a facility in the park. No part of such proceeds (other than interest as provided in subsection (b)) may be used to defray administrative expenses. (2) Limitation.--A project referred to in paragraph (2) shall be consistent with-- (A) the laws governing the National Park System; (B) any law governing the park; and (C) the general management plan for the park. (b) Interest on Bond Proceeds.--(1) Any interest earned on bond proceeds may be used by the fundraising organization to-- (A) meet reserve requirements; and (B) defray administrative expenses incurred in connection with the management and sale of the bonds. (2) All interest on bond proceeds not used for purposes of paragraph (1) shall be remitted to the National Park Foundation for the benefit of all units of the National Park System. SEC. 7. ADMINISTRATION. The Secretary, in consultation with the Secretary of Treasury, shall issue regulations to carry out this Act.

National Parks Capital Improvements Act of 1996 - Authorizes the Secretary of the Interior to enter into a memorandum of agreement with an entity to act as an authorized fundraising organization for the benefit of the Grand Canyon National Park and any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5 million. Requires the organization to issue taxable bonds in return for a park surcharge. Exempts the United States from liability for the security of such bonds, unless the surcharge authorized under this Act is not imposed or is reduced or eliminated. Authorizes the Secretary to permit the Superintendent of the park to charge and collect, in addition to the park entrance fee, a surcharge of not to exceed two dollars per individual. Requires the fundraising organization to: (1) use the surcharge to amortize the bond issue, provide for the reasonable costs of administration, and maintain a sufficient reserve consistent with industry standards; and (2) remit any excess funds to the National Park Foundation (NPF) to be used for the benefit of all National Park System (NPS) units. Allows bond proceeds to be used for a park facility project that is consistent with: (1) the laws governing the NPS and the park; and (2) the general management plan for the park. Prohibits bond proceeds (other than interest) from being used to defray administrative expenses. Requires interest earned on bond proceeds to be used by the organization to meet reserve requirements and defray administrative expenses incurred in connection with the management and sale of the bonds, with any excess to be remitted to the NPF for the benefit of all NPS units.

National Parks Capital Improvements Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategic Gasoline Reserve for Purposes of National Security Act of 2009''. SEC. 2. STRATEGIC GASOLINE RESERVE. (a) Establishment.-- (1) Authority.--The Secretary of Energy shall establish a Strategic Gasoline Reserve system (in this section referred to as the ``Gasoline Reserve'') with a total capacity of 10,000,000 barrels of regular unleaded gasoline. (2) Reserve locations.--No later than 1 year after the date of enactment of this Act, the Secretary shall determine strategic locations for no less than three and no more than five Gasoline Reserve sites, each located in a different geographical region of the United States. When determining site locations, the Secretary shall consider all factors, including seasonal and regional variations in gasoline, cost, regional population, accessibility for distribution, and the region's vulnerability to natural disasters and acts of terrorism. The Secretary shall endeavor to find the most affordable method for storage and, when possible, should consult the methodology used for the creation of the Home Heating Oil Reserve and the Strategic Petroleum Reserves. Such reserve site locations shall be operational within 2 years after the date of enactment of this Act. (3) Onsite protection.--In establishing the Gasoline Reserve under this section, the Secretary shall confer with the Secretary of Transportation and the Secretary of Homeland Security with respect to physical structures' security, the transportation security, and operational security. (b) Transportation.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall transmit to the Congress, the Secretary of Homeland Security, and the Governor of each State in which a Gasoline Reserve will be sited a plan for the transportation of the contents of the Gasoline Reserve under this section to wholesale or retail markets in the event of an emergency sale under subsection (d). (c) Capacity.--The Secretary of Energy shall complete the process of filling the Gasoline Reserve to a minimum of 90 percent within 2 years of submitting a transportation plan to the Congress. (d) Aging Supply.--The Secretary shall conduct an annual review of the gasoline supply to ensure the reserves in the Gasoline Reserve do not exceed their shelf life. The Secretary shall have in place within 2 years of enactment of this Act a plan for assuring that the inventory is sold and replaced in a manner that assures the integrity of the product at all times. The Secretary shall have the authority to exchange an aging supply of reserve gasoline through private sales or by utilizing the fuel for military or government use. The Secretary shall seek the best means to minimize transaction expense. (e) Requests for Emergency Sale Authorization.--The Secretary of Energy shall sell gasoline from the Gasoline Reserve if-- (1) the Governor of an affected State submits a written request that-- (A) provides sufficient evidence that the sale or supply of gasoline in the region in which such State is located has been severely disrupted, caused by, but not limited to, an interruption in the normal distribution or availability of gasoline which dramatically affects the price of gasoline; and (B) provides sufficient evidence that the State would experience further adverse effects without the sale of gasoline from the Gasoline Reserve; and (2) the President issues an Executive order requiring immediate release from any or all Gasoline Reserves at any time that the President determines that the conditions specified in paragraph (1)(A) are satisfied. (f) Procedure.-- (1) Secretary's response.--The Secretary of Energy shall respond to a request transmitted under subsection (e) within 7 days of receipt of a request through a written response, regardless of the decision. (2) Additional information.--The Secretary may request additional information if the Secretary concludes there are insufficient reasons provided for the sale of gasoline from the Gasoline Reserve system. (g) Purchase.--The Secretary of Energy is authorized to conduct purchases and sales of gasoline at wholesale for maintenance of the Gasoline Reserve system. In conducting these transactions, the Secretary shall-- (1) ensure that the overall supply returns to a minimum 90 percent capacity in a timely manner following a sizeable depletion due to an emergency; and (2) assess market conditions to avoid, to the extent possible, when prices appear to be at higher levels unlikely to be sustained, or when purchases of gasoline are likely to significantly raise gasoline prices in the market served by a particular Gasoline Reserve for purchases consistent with the need for timely replenishment of the Reserve after emergency or nonemergency sales. (h) Annual Report.--At a specified date as determined by the Secretary of Energy, the Secretary shall submit to the President, the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources of the Senate a report on the status of the Strategic Gasoline Reserve outlining the Reserve's current capacity, emergency sales from the previous year, any security threats in the previous year, and the current condition of the storage facilities. The Secretary shall also in the report include any recommendations for improvements in the efficiency of the purchase, transportation, sale, and storage of gasoline in the Gasoline Reserves. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy such sums as may be necessary for construction and operation of the Gasoline Reserve system for fiscal years 2009 through 2015.

National Strategic Gasoline Reserve for Purposes of National Security Act of 2009 - Directs the Secretary of Energy to establish a Strategic Gasoline Reserve system with a total capacity of 10 million barrels of regular unleaded gasoline. Directs the Secretary to: (1) transmit to Congress, the Secretary of Homeland Security, and the governor of each state in which a Gasoline Reserve will be sited a plan for the transportation of its contents to wholesale or retail markets in the event of an emergency sale; (2) complete the process of filling the Gasoline Reserve to a minimum of 90% within two years of submitting a transportation plan to Congress; (3) review the gasoline supply annually to ensure the reserves in the Gasoline Reserve do not exceed their shelf life; and (4) have in place a plan for assuring that the inventory is sold and replaced in a manner that assures the integrity of the product at all times. Directs the Secretary of Energy to sell gasoline from the Gasoline Reserve if the governor of an affected state submits a written request and the President issues an Executive order requiring immediate release from any or all Gasoline Reserves at any time that the President determines certain emergency conditions are satisfied.

To establish a National Strategic Gasoline Reserve, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civic Participation and Rehabilitation Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship and regaining the right to vote reintegrates offenders into free society. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender or previous condition of servitude. Basic constitutional principles of fairness and equal protection require an equal opportunity for Americans to vote in Federal elections. Congress has ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the Supreme Court. (2) Congress finds three areas where discrepancies in State laws regarding felony convictions lead to unfairness in Federal elections: (A) there is no uniform standard for voting in Federal elections which leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a felony conviction are unequal throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact ethnic minorities. (3) Although State law determines the qualifications for voting, Congress must ensure that those laws are in accordance with the Constitution. Current laws vary throughout the country resulting in discrepancies regarding which citizens may vote in Federal elections. (4) An estimated 3,900,000 Americans, or one in fifty adults, currently cannot vote as a result of a felony conviction. Women represent about a half million of this total. Disenfranchisement results from varying State laws that restrict voting while under some form of criminal justice supervision or after the completion of a felony sentence in some States. Four States do not disenfranchise felons at all (Maine, Massachusetts, New Hampshire, and Vermont). Forty-six States and the District of Columbia have disenfranchisement laws that deprive convicted offenders of the right to vote while they are in prison. In thirty-two States, convicted offenders may not vote while they are on parole and in twenty- nine States probationers may not vote. Fourteen States disenfranchise ex-offenders who have fully served their sentences, regardless of the nature or seriousness of the offense. Three-fourths (73%) of the 3,900,000 disqualified voters are not in prison, but are on probation, parole or are ex-offenders. (5) In those States that disenfranchise ex-offenders, the right to vote can be regained in theory, but in practice this possibility is often illusory. In eight States, a pardon or order from the Governor is required. In two States, ex- offenders must obtain action by the parole or pardon board. Offenders convicted of a Federal offense often have additional barriers to regaining voting rights. In at least 16 States, Federal offenders cannot use the State procedure for restoring their civil rights. The only method provided by Federal law for restoring voting rights to ex-offenders is a Presidential pardon. Few persons who seek to have their right to vote restored have the financial and political resources needed to succeed. (6) Thirteen percent of the African American adult male population, or 1,400,000 African American men, are disenfranchised. Given current rates of incarceration, three in ten of the next generation of black men will be disenfranchised at some point during their lifetime. Hispanic citizens are also disproportionately disenfranchised since they are disproportionately represented in the criminal justice system. (7) These discrepancies should be addressed by Congress. Basic concepts of fundamental fairness and equal protection require an equal opportunity for Americans to vote in Federal elections. This Act will restore fairness in the Federal election process and promote reintegration of former offenders into a life as law abiding citizens of the United States. SEC. 3. RIGHTS OF CITIZENS. The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. SEC. 4. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility); (2) the term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President; and (3) the term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. SEC. 6. RELATION TO OTHER LAWS. (a) Nothing in this Act shall be construed to prohibit the States enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).

Civic Participation and Rehabilitation Act of 1999 - Declares that the right of a U.S. citizen to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense, unless the individual is serving a felony sentence in a correctional institution or facility at the time of the election. Authorizes the Attorney General, in a civil action, to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. Creates a private right of action, subject to specified requirements.

Civic Participation and Rehabilitation Act of 1999

entitled ``Joint Resolution making further continuing appropriations for the fiscal year 1986, and for other purposes'' (Public Law 99- 190; 99 Stat. 1251) is repealed. (2) Exception.--The authority provided in the matter repealed by paragraph (1) of this subsection shall be preserved to the extent necessary to carry out obligations of the United States with respect to clean coal technology projects selected by the Secretary of Energy pursuant to the fifth general request for proposals issued by the Secretary under such section 101(d) (and pursuant to any such general request issued before the fifth general request). (c) Rescission.--Any unobligated funds previously appropriated for the Clean Coal Technology program are rescinded. TITLE IV--FOREIGN OPERATIONS PROGRAMS SEC. 401. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination.-- (1) Termination of authority to make new obligations.--(A) Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (B) Subparagraph (A) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. (2) Termination of opic.--Effective 180 days after the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. (3) Transfer of operations to omb.--The Director of the Office of Management and Budget shall, effective 180 days after the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in paragraph (1)(B) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. (4) Repeal of authorities.--Effective 180 days after the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under paragraph (3). (5) Appropriations.--Funds available to the Corporation shall, upon the effective date of the repeal made by paragraph (4), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under paragraph (3). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. (b) Savings Provisions.-- (1) Prior determinations not affected.--The repeal made by subsection (a)(4) of the provisions of law set forth in such subsection shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Pending proceedings.--(A) The repeal made by subsection (a)(4) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (B) The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under subparagraph (A). (3) Actions.--Except as provided in paragraph (5)-- (A) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by subsection (a)(4); and (B) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this section had not been enacted. (4) Liabilities incurred.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Overseas Private Investment Corporation, shall abate by reason of the enactment of this section. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this section. (5) Parties.--If, before the effective date of the repeal made by subsection (a)(4), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. (6) Review.--Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. (c) Technical and Conforming Amendments.-- (1) Title 5, united states code.--(A) Section 5314 of title 5, United States Code, is amended by striking ``President, Overseas Private Investment Corporation.''. (B) Section 5315 of title 5, United States Code, is amended by striking ``Executive Vice President, Overseas Private Investment Corporation.''. (C) Section 5316 of title 5, United States Code, is amended by striking ``Vice Presidents, Overseas Private Investment Corporation (3).''. (2) Other amendments and repeals.--(A) Section 222(a) of the Foreign Assistance Act of 1961 is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 401(a)(4) of the Omnibus Corporate Welfare Reduction Act of 1997''. (B) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (C) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)) is amended-- (i) by striking subparagraph (K); and (ii) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. (D) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (i) in paragraph (12) by adding ``and'' after the semicolon; (ii) by striking paragraph (13); and (iii) by redesignating paragraph (14) as paragraph (13). (E) Section 624 of the Higher Education Act of 1965 (20 U.S.C. 1131c) is amended by striking ``the Overseas Private Investment Corporation,''. (F) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (G)(i) Section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) is amended-- (I) by amending subsection (b) to read as follows: ``(b) Countries.--The countries referred to in subsection (a) are countries for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for East European Democracy Act of 1989.''; and (II) in the first sentence of subsection (c) by striking ``the Administrator'' and all that follows through ``Corporation'' and inserting ``and the Administrator of the Agency for International Development''. (ii) The amendment made by clause (i) shall first apply to the annual report required to be submitted under section 574(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 in the fiscal year following the fiscal year in which no funds have been obligated by the Overseas Private Investment Corporation by virtue of this section. (H) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is repealed. (I) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (i) by striking clause (iv); and (ii) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (J) Section 9101(3) of title 31, United States Code, is amended-- (i) by striking subparagraph (H); and (ii) by redesignating subparagraphs (I) through (P) as subparagraphs (G) through (O), respectively. (K) The following provisions of law are repealed: (i) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (ii) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (iii) Subsections (b), (c), and (d) of section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. (iv) Subsections (b), (c), and (d) of section 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. (v) Sections 109 and 111 of the Overseas Private Investment Corporation Amendments Act of 1988, as enacted by reference in section 555 of Public Law 100- 461. (3) Effective date.--The amendments and repeals made by this subsection shall take effect 180 days after the date of the enactment of this Act. SEC. 402. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT PARTICIPATE IN THE LATEST ROUND OF THE IMF GENERAL AGREEMENTS TO BORROW. (a) Findings.--The Congress finds that-- (1) the International Monetary Fund (IMF) operates outside of public scrutiny, releasing almost no information to the public, thereby avoiding adequate accountability for its programs; (2) to ensure that it gets repaid, the IMF frequently imposes ``conditionality'' on its loans--policy changes that borrowing countries must undertake to receive a loan; (3) frequently, the IMF has forced developing nations to enact unsound economic policies, which have led to tax increases on the poor, draconian currency devaluations, and resource exploitation; (4) the IMF will do considerable harm to developing countries by continuing to make loans to their governments; (5) bailing out these governments only encourages them to continue policies detrimental to their citizens, such as destroying scarce natural resources, maintaining bloated bureaucracies, operating money-losing state-sponsored industries, and spending too much on their militaries; and (6) new IMF funding to developing countries frequently ends up substituting IMF debt for reschedulable commercial bank debt. (b) Sense of the Congress.--It is the sense of the Congress that the United States should not participate in the latest round of the General Agreements to Borrow, commonly referred to as the ``New Arrangements to Borrow''. SEC. 403. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT PROVIDE ADDITIONAL RESOURCES TO THE IMF ENHANCED STRUCTURAL ADJUSTMENT FACILITY. (a) Findings.--The Congress finds that-- (1) the Enhanced Structural Adjustment Facility (ESAF) of the International Monetary Fund makes low interest loans to the poorest developing countries that cannot pay their bills; (2) countries that borrow from the ESAF must be prepared to adopt multi-year economic and structural ``reform'' programs, which have frequently done the countries more harm than good; and (3) despite 10 years of ESAF lending, poverty continues to increase in many countries that are eligible for loans from the ESAF. (b) Sense of the Congress.--It is the sense of the Congress that the United States should not provide additional resources to the Enhanced Structural Adjustment Facility. TITLE V--TRANSPORTATION PROGRAMS SEC. 501. SENSE OF CONGRESS CONCERNING HIGHWAY DEMONSTRATION PROJECTS. (a) Finding.--Congress finds that-- (1) the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) included a five-fold increase in demonstration projects compared to the Surface Transportation and Uniform Relocation Assistance Act of 1987; (2) highway demonstration projects provide limited economic benefits; and (3) highway demonstration projects frequently are not consistent with key transportation priorities, do not appear on State or regional transportation plans, and draw funds away from other major Federal-aid highway programs. (b) Sense of Congress.--It is therefore the sense of Congress that highway demonstration projects should not be required by Federal law. SEC. 502. ELIMINATION OF APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM. (a) Repeal.--Section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App. 201) is repealed. (b) Conforming Amendments.--Section 401 of such Act (40 U.S.C. App. 401) is amended-- (1) by striking ``in section 201 for the Appalachian Development Highway System and Local Access Roads, and''; and (2) by striking ``and in section 201(g) for the Appalachian development highway system and local access roads,''.

TABLE OF CONTENTS: Title I: Agriculture Programs Title II: Energy and Water Programs Title III: Interior Programs Title IV: Foreign Operations Programs Title V: Transportation Programs Omnibus Corporate Welfare Reduction Act of 1997 - Title I: Agriculture Programs - Repeals the Rural Electrification Act of 1936 (REA), provisions of the Disaster Relief Act of 1970 relating to adjusting the repayment schedules on REA loans, and provisions of Federal law regarding: (1) congressional policy concerning making funds available to rural electric and telephone systems; (2) congressional policy with respect to rural telephone system financing; (3) loan programs under the Rural Electrification and Telephone Revolving Fund; and (4) rural advanced telecommunications. Rescinds related unobligated balances. (Sec. 102) Repeals provisions of the Agricultural Trade Act of 1978 regarding an agricultural commodity export promotion program. Title II: Energy and Water Programs - Prohibits obligating or spending funds for the Animas-La Plata Project, Colorado and New Mexico, except regarding alternatives that would satisfy the water rights interests of the Ute Mountain Ute Indian Tribe and the Southern Ute Indian Tribe. (Sec. 202) Declares that the Congress is concerned about the pyroprocessing program and should not proceed with a liquid metal reactor program. Amends provisions of the Energy Policy Act of 1992 relating to advanced nuclear reactors to remove references to liquid metal reactors. Title III: Interior Programs - Prohibits the Department of Energy from conducting any fossil energy research and development, except as required by contracts entered into before enactment of this Act and as necessary to terminate ongoing activities. Authorizes appropriations. (Sec. 302) Amends Federal law commonly known as the National Forest Roads and Trails Act to modify requirements regarding the construction of forest development roads. Declares that it is the sense of the Congress that the full cost of forest road design, construction, and maintenance should be recovered through user fees. (Sec. 303) Prohibits fund obligation for the Clean Coal Technology program. Repeals, subject to exception, related appropriations from an appropriations Act for FY 1986 and rescinds any related unobligated funds. Title IV: Foreign Operations Programs - Abolishes the Overseas Private Investment Corporation (OPIC) and repeals related provisions. Requires that the Office of Management and Budget perform OPIC functions on certain existing contracts until their expiration. Prohibits contract renewal. Deposits unexpended balances in the Treasury as miscellaneous receipts. (Sec. 402) Sets forth findings regarding the International Monetary Fund and its Enhanced Structural Adjustment Facility (ESAF). Declares that it is the sense of the Congress that the United States should not participate in the latest round of General Agreements to Borrow (commonly referred to as the New Arrangement to Borrow) or provide additional resources to the ESAF. Title V: Transportation Programs - Expresses the sense of the Congress that highway demonstration projects should not be required by Federal law. (Sec. 502) Repeals provisions of the Appalachian Regional Development Act of 1965 authorizing the Appalachian development highway system.

Omnibus Corporate Welfare Reduction Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Health Security Partnership Act of 1995.'' SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) 40 million Americans do not have health insurance coverage. (2) Cost shifting among payers and providers contributes to the increasing cost of health care in the United States. (3) The only means of ending this cost shifting is to ensure that each individual in the United States has health insurance coverage. (b) Purpose.--It is the purpose of this Act to provide assistance to each State to enable the State to ensure, in the manner the State itself considers most appropriate, that each individual has health insurance coverage at least equivalent to the coverage provided to employees of the Federal Government. SEC. 3. STATE DEFINED. In this Act, the term ``State'' means each of the 50 States and the District of Columbia. TITLE I--FEDERAL PAYMENTS TO STATES SEC. 101. PAYMENTS TO STATES WITH CERTIFIED PLANS. For purposes of assisting States in carrying out plans approved under title II, the Secretary of Health and Human Services (hereafter in this Act referred to as the ``Secretary'') shall make payments to States with comprehensive health insurance plans certified under title II for a fiscal year in an amount determined under section 102. SEC. 102. AMOUNT OF STATE PAYMENT. The amount of payment made to a State for a fiscal year under section 101 shall be equal to the State's allocation of the total amount available for payments under this title for the fiscal year under section 103, as determined in accordance with the following formula: (1) 50 percent of the total amount available shall be allocated among the States on the basis of the ratio of the population of each State to the population of all States. (2) 50 percent of the total amount available shall be allocated among the States in amounts determined in accordance with the representative revenue system established by the Advisory Commission on Intergovernmental Relations. SEC. 103. TOTAL AMOUNT AVAILABLE FOR PAYMENTS. The total amount available for payments to States for a fiscal year under this title is equal to the following: (1) For fiscal year 1998, $1,000,000,000. (2) For fiscal year 1999, $2,000,000,000. (3) For fiscal year 2000, $28,000,000,000. (4) For fiscal year 2001, $29,000,000,000. (5) For fiscal year 2002, $30,000,000,000. (6) For fiscal year 2003, $31,000,000,000. TITLE II--REQUIREMENTS FOR COMPREHENSIVE HEALTH PLANS SEC. 201. IMPLEMENTATION OF CERTIFIED HEALTH INSURANCE PLANS BY STATES. (a) In General.--Not later than July 1, 1999, each State shall submit to the Secretary a comprehensive health insurance plan designed to be administered by the State and containing the provisions required under this title, and shall have such plan in place and operating not later than January 1, 2000. (b) Certification of Plans by Secretary.--The Secretary shall certify for a fiscal year those State plans developed and implemented under this title which meet the applicable requirements of this title for the fiscal year. SEC. 202. REQUIRED PROVISIONS OF HEALTH INSURANCE PLAN. Each State shall have maximum flexibility in developing and implementing its comprehensive health insurance plan under this title, except that the plan shall include at least the following provisions: (1) Coverage.--Health insurance coverage meeting the requirements of this title for all individuals in the State without regard to employment status, income, or pre-existing condition or other health status. (2) Portability and guaranteed renewal.--A prohibition against the denial, cancellation, or refusal to renew the coverage of an individual or employer except-- (A) on the basis of nonpayment of premiums, (B) on the basis of fraud or misrepresentation, or (C) because the plan is ceasing to provide any coverage in a geographic area. (3) Benefits.-- (A) Comparable to fehbp.--Coverage comparable to the coverage available to employees of the Federal Government under the Federal Employees Health Benefits Program (FEHBP) (as determined by the Secretary). Coverage under title XVIII of the Social Security Act or coverage under a State plan under title XIX of such Act shall be deemed to meet the requirement of the previous sentence. (B) Availability of home- and community-based care.--The offering of home- and community-based care as an alternative to institutional care if medically appropriate. (4) Community rating of premiums.--A requirement that the premium charged shall be equivalent for all individuals within any community, except that the premium may vary with respect to an individual on the basis of the individual's age or the number of members of the individual's family covered. (5) State supplemental premium payments.--The payment by the State of supplemental amounts to ensure that all individuals may obtain coverage at reasonable rates. (6) Quality of care.--The creation of adequate mechanisms designed to assure, monitor, and maintain the provision of high quality health care to individuals in the State. (7) Cost containment.--The creation of adequate mechanisms designed to control premiums and the costs of providing high quality health care to individuals in the State. SEC. 203. WAIVER OF ERISA LIMITATION ON STATE REGULATION OF SELF- INSURED PLANS. Section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)) is amended by adding at the end the following paragraph: ``(9) Subsection (a) shall not apply to any State law to the extent such law conforms to or reflects the provisions of a comprehensive health insurance plan developed and implemented by the State and certified by the Secretary of Health and Human Services under title II of the American Health Security Partnership Act of 1995.''. SEC. 204. REQUIRING OPERATION OF CERTIFIED PLAN TO RECEIVE MEDICAID PAYMENTS. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(x)(1) In order to receive payments under this title for any quarter beginning on or after January 1, 2000, a State must have in effect a comprehensive health insurance plan certified for the fiscal year in which the quarter occurs by the Secretary under section 201(b) of the American Health Security Partnership Act of 1995. ``(2)(A) The provisions of this subsection shall not apply to a State for any quarter-- ``(i) that follows the quarter during which the State meets the requirements of this subsection; or ``(ii) with respect to which the Secretary determines that the State is unable to comply with the relevant requirements of this subsection-- ``(I) for good cause (but such a waiver may not be for a period in excess of 4 quarters), or ``(II) due to circumstances beyond the control of such State. ``(B) For purposes of determining deadlines imposed under this subsection, any time period during which a State was found under subparagraph (A)(ii)(II) to be unable to comply with the requirements of this subsection shall not be taken into account, and the Secretary shall modify all such deadlines with respect to such State accordingly.''. SEC. 205. INCREASE IN MINIMUM COMMUNITY SPOUSE RESOURCE ALLOWANCE UNDER MEDICAID. (a) In General.--Section 1924(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1396r-5(f)(2)(A)(i)) is amended by striking ``$12,000'' and inserting ``$50,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to quarters beginning on or after October 1, 1995. TITLE III--FINANCING MECHANISMS SEC. 301. INCREASE IN TOP INCOME TAX RATE APPLICABLE TO CORPORATIONS. (a) In General.--Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended by striking ``35 percent'' each place it appears and inserting ``36 percent''. (b) Conforming Amendments.-- (1) The last sentence of section 11(b) of such Code is amended by striking ``$100,000'' and inserting ``$200,000''. (2) Clause (iii) of section 852(b)(3)(D) of such Code is amended by striking ``65 percent'' and inserting ``64 percent''. (3) Subsection (a) of section 1201 of such Code is amended by striking ``35 percent'' each place it appears and inserting ``36 percent''. (4) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``36 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 302. REVISION OF FEDERAL MEDICAL ASSISTANCE PERCENTAGE UNDER MEDICAID. Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended-- (1) in the first sentence, by striking ``83 per centum'' and inserting ``the applicable maximum percentage described in the second sentence''; and (2) by inserting after the first sentence the following new sentence: ``In the previous sentence, the `applicable maximum percentage' is 83 per centum for quarters occurring during fiscal years prior to fiscal year 1998 and 60 per centum for quarters occurring during fiscal year 1998 and each succeeding fiscal year.''. SEC. 303. INCREASE IN EXCISE TAXES ON TOBACCO PRODUCTS. (a) Cigarettes.--Subsection (b) of section 5701 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$12 per thousand ($10 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (1) and inserting ``$49.50 per thousand'', and (2) by striking ``$25.20 per thousand ($21 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (2) and inserting ``$103.95 per thousand''. (b) Cigars.--Subsection (a) of section 5701 of such Code is amended-- (1) by striking ``$1.125 cents per thousand (93.75 cents per thousand on cigars removed during 1991 or 1992)'' in paragraph (1) and inserting ``$38.62\1/2\ per thousand'', and (2) by striking ``equal to'' and all that follows in paragraph (2) and inserting ``equal to 52.594 percent of the price for which sold but not more than $123.75 per thousand.''. (c) Cigarette Papers.--Subsection (c) of section 5701 of such Code is amended by striking ``0.75 cent (0.625 cent on cigarette papers removed during 1991 or 1992)'' and inserting ``3.09 cents''. (d) Cigarette Tubes.--Subsection (d) of section 5701 of such Code is amended by striking ``1.5 cents (1.25 cents on cigarette tubes removed during 1991 or 1992)'' and inserting ``6.19 cents''. (e) Smokeless Tobacco.--Subsection (e) of section 5701 of such Code is amended-- (1) by striking ``36 cents (30 cents on snuff removed during 1991 or 1992)'' in paragraph (1) and inserting ``$12.86'', and (2) by striking ``12 cents (10 cents on chewing tobacco removed during 1991 or 1992)'' in paragraph (2) and inserting ``$12.62''. (f) Pipe Tobacco.--Subsection (f) of section 5701 of such Code is amended by striking ``67.5 cents (56.25 cents on pipe tobacco removed during 1991 or 1992)'' and inserting ``$13.17\1/2\''. (g) Effective Date.--The amendments made by this section shall apply to articles removed (as defined in section 5702(k) of the Internal Revenue Code of 1986) after December 31, 1996. TITLE IV--TAX DEDUCTIBILITY OF HEALTH INSURANCE SEC. 401. TAX DEDUCTIBILITY OF HEALTH INSURANCE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to 80 percent (or 100 percent, in the case of an individual who is a self-employed individual within the meaning of section 401(c)) of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents. ``(b) Limitation Based on Earned Income.--No deduction shall be allowed under subsection (a) to the extent that the amount of such deduction exceeds the sum of-- ``(1) the taxpayer's wages, salaries, tips, and other employee compensation includible in gross income, plus ``(2) the taxpayer's earned income (as defined in section 401(c)(2)). ``(c) Other Coverage.--Subsection (a) shall not apply to any taxpayer for any calendar month for which the taxpayer is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. ``(d) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.'' (b) Conforming Amendments.-- (1) Subsection (l) of section 162 of such Code is hereby repealed. (2) Subsection (a) of section 62 of such Code is amended by inserting after paragraph (15) the following new item: ``(16) Health insurance costs.--The deduction allowed by section 220.'' (3) 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. 220. Health insurance costs. ``Sec. 221. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

TABLE OF CONTENTS: Title I: Federal Payments to States Title II: Requirements for Comprehensive Health Plans Title III: Financing Mechanisms Title IV: Tax Deductibility of Health Insurance American Health Security Partnership Act of 1995 - Title I: Federal Payments to States - Mandates payments to States for comprehensive health insurance plans certified under title II of this Act. Title II: Requirements for Comprehensive Health Plans - Requires each State to submit (by July 1999) and operate (by 2000) a comprehensive health insurance plan designed to be administered by the State and having at least: (1) coverage for all individuals in the State; (2) benefits comparable to that available under the Federal Employees Health Benefits Program (deeming coverage under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to meet this requirement); (3) home- and community-based care when medically appropriate; (4) community premium rating; (5) payment by the State of supplemental amounts to ensure that all individuals may obtain coverage at reasonable rates; (6) quality control mechanisms; and (7) premium control and cost control mechanisms. (Sec. 203) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from ERISA State laws conforming to or reflecting a plan certified under this Act. (Sec. 204) Amends title XIX (Medicaid) of the Social Security Act to condition Medicaid payments to a State on the State having a certified plan in effect by the deadline. (Sec. 205) Modifies the method for determining the amount of the "community spouse resource allowance" for Medicaid provisions relating to transferring resources to a community spouse. Title III: Financing Mechanisms - Amends the Internal Revenue Code (IRC) to increase the highest corporate income tax rate. (Sec. 302) Amends Medicaid provisions to reduce the maximum Federal medical assistance percentage. (Sec. 303) Amends the IRC to increase the tax rate on tobacco and related products. Title IV: Tax Deductibility of Health Insurance - Allows a tax deduction for insurance that constitutes medical care.

American Health Security Partnership Act of 1995

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Scotchman Peaks Wilderness Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Scotchman Peaks Wilderness. Sec. 4. Administration. Sec. 5. Fire. Sec. 6. Adjacent management. Sec. 7. Indian tribes. Sec. 8. Effect. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) Wilderness area.--The term ``wilderness area'' means the area designated as a component of the National Wilderness Preservation System by section 3(a). SEC. 3. SCOTCHMAN PEAKS WILDERNESS. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain National Forest System land in the State of Idaho comprising approximately 13,961 acres, as generally depicted on the map entitled ``Final Map Scotchman Peaks Wilderness'' and dated June 20, 2016, is designated as wilderness and as a component of the National Wilderness Preservation System and shall be known as the ``Scotchman Peaks Wilderness''. (b) Map and Legal Description.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for the wilderness area. (c) Effect.--The map and legal description submitted under subsection (b) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map or legal description. (d) Availability.--The map and legal description submitted under subsection (b) shall be available for public inspection in the appropriate offices of the Forest Service. SEC. 4. ADMINISTRATION. (a) In General.--Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act. (b) Withdrawal.--Subject to valid existing rights, the wilderness area is withdrawn from all forms of-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. (c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State of Idaho with respect to fish and wildlife on public land in the State. (d) Management Activities.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations and habitats to support fish and wildlife populations within the wilderness area if the management activities-- (1) are consistent with relevant wilderness management plans; (2) are conducted in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), including the occasional and temporary use of motorized vehicles; and (3) as determined by the Secretary, would-- (A) promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values; and (B) accomplish the purpose of the management activity with the minimum impact necessary. SEC. 5. FIRE. In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures within the wilderness area as the Secretary determines to be necessary for the control of fire, insects, and disease. SEC. 6. ADJACENT MANAGEMENT. (a) In General.--Nothing in this Act creates a protective perimeter or buffer zone around the wilderness area. (b) Activities Outside Wilderness Area.--The fact that an activity or use on land outside the wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the wilderness area. SEC. 7. INDIAN TRIBES. (a) Access.--In recognition of the past use of the wilderness area by Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure that Indian tribes have access to the wilderness area for-- (1) traditional cultural and religious purposes; and (2) exercise of any right reserved by treaty. (b) Temporary Closures.-- (1) In general.--In carrying out this section, the Secretary, on request of an Indian tribe, may temporarily close to the general public one or more specific portions of the wilderness area to protect the privacy of the members of the Indian tribe in the conduct of the traditional cultural and religious activities in the wilderness area. (2) Requirement.--Any closure under paragraph (1) shall be made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out. (c) Applicable Law.--Access to the wilderness area under this section shall be in accordance with-- (1) Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996); and (2) the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 8. EFFECT. Nothing in this Act diminishes the rights of any Indian tribe.

Scotchman Peaks Wilderness Act of 2016 This bill designates approximately 13,961 acres of National Forest System land in Idaho, to be known as the Scotchman Peaks Wilderness, as wilderness and a component of the National Wilderness Preservation System. The wilderness area is withdrawn from specified public land, mining, mineral leasing, mineral materials, and geothermal leasing laws. The Department of Agriculture (USDA) may carry out management activities to maintain or restore fish and wildlife populations and habitats within the wilderness area if they would: promote healthy, viable, and more naturally distributed populations that would enhance wilderness values; and accomplish the purpose of the management activity with the minimum impact necessary. USDA may take measures within the wilderness area necessary for the control of fire, insects, and disease. Nothing in this bill creates a protective perimeter or buffer zone around the wilderness area. USDA shall ensure that Indian tribes have access to the wilderness area for: traditional and cultural purposes, and the exercise of any right reserved by treaty.

Scotchman Peaks Wilderness Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``USDA Accountability and Equity Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND THEIR EMPLOYEES Sec. 101. Membership requirements for county and area committees. Sec. 102. Improved oversight of county, area, and community committee elections. Sec. 103. Federal civil service status of county and area committee employees. TITLE II--IMPROVED PROGRAM EQUITY Sec. 201. Participation of socially disadvantaged farmers and ranchers and other similarly situated farmers and ranchers in environmental quality incentives program. Sec. 202. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University. Sec. 203. Funding of program of outreach and technical assistance to socially disadvantaged farmers. Sec. 204. Funding of extension Indian reservation program. Sec. 205. Funding of farm ownership and operating loan programs. TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND THEIR EMPLOYEES SEC. 101. MEMBERSHIP REQUIREMENTS FOR COUNTY AND AREA COMMITTEES. Effective 90 days after the date of the enactment of this Act, section 8(a)(5)(B) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(a)(5)(B)) is amended by striking clause (ii) and inserting the following: ``(ii)(I) A county or area committee shall consist of not fewer than 5 nor more than 7 members who are fairly representative of the agricultural producers in the county or area. ``(II) Except as provided in subclause (III), the members of a county or area committee shall be elected by the agricultural producers in such county or area under such procedures as the Secretary may prescribe. ``(III) 2 members shall be demographically representative of groups of agricultural producers in the county or area who, in the absence of appointment under this subclause, would be under-represented on the committee. The Secretary shall appoint these members based on recommendations made by the under- represented groups. If the Secretary makes such an appointment from among persons not so recommended, the Secretary shall provide the reasons therefor upon request.''. SEC. 102. IMPROVED OVERSIGHT OF COUNTY, AREA, AND COMMUNITY COMMITTEE ELECTIONS. (a) Uniform Guidelines.--The Secretary of Agriculture shall prescribe uniform guidelines for conducting elections for members and alternates of county and area committees established pursuant to section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)), members and alternates of community committees so established, and delegates to local administrative area conventions and county conventions. (b) Certification of Election Results.--Effective 90 days after the date of the enactment of this Act, section 8(a)(5)(B) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(a)(5)(B)) is amended by adding at the end the following new clause: ``(vi) Members elected pursuant to an election conducted under this subparagraph shall not commence their term of service unless and until the Secretary determines that-- ``(I) the election fully complied with the laws, regulations, and guidlines applicable to the conduct of the election; and ``(II) the members-elect satisfy the eligibility requirements for committee membership.''. SEC. 103. FEDERAL CIVIL SERVICE STATUS OF COUNTY AND AREA COMMITTEE EMPLOYEES. (a) County Committee Employee Defined.--In this section, the term ``county committee employee'' means an employee of a county or area committee employed pursuant to section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)). (b) Federal Civil Service Status.--On and after the effective date of this section, the civil service laws shall apply to all county committee employees, subject to such regulations as the Secretary may prescribe and the conversion options for existing county committee employees provided by this section. (c) Conversion of Permanent County Committee Employees.--Subject to regulations of the Office of Personnel Management, a county committee employee who is so employed on the effective date of this section under an appointment not limited to one year or less shall be converted to Federal civil service appointments, as follows: (1) A county committee employee who has completed 3 years of service shall be given a career civil service appointment. (2) A county committee employee who has completed less than 3 years of service shall be given a career-conditional civil service appointment. The period of permanent service as a county committee employee shall be counted when calculating the 3 years of service necessary for conversion to career civil service status. (d) Conversion of Temporary County Committee Employees.--Subject to regulations of the Office of Personnel Management, a county committee employee who is so employed on the effective date of this section under an appointment of less than one year shall be converted to a temporary Federal civil service appointment. (e) Crediting Service as County Committee Employee.--Service as a county committee employee performed before the effective date of this section shall be counted as creditable Federal service when determining tenure, time-in-grade eligibility, within-grade increases, and probationary periods. (f) Reemployment Rights.--Subject to regulations of the Office of Personnel Management, a former permanent county committee employee who, before the effective date of this section, was provided reemployment priority rights as a county committee employee due to being separated through reduction-in-force procedures established by the Secretary of Agriculture, may receive special selection priority for civil service positions in the Farm Service Agency for a period of 2 years after the date of the employee's separation. (g) Conforming Amendments.--(1) Section 226 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) is amended by striking subsection (e). (2) Title 5, United States Code, is amended-- (A) in section 3502(a)(4)(C)(i), by striking ``Soil Conservation and Allotment Act'' and inserting ``Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000,''; (B) in section 5306(a)(1)(C), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''; (C) in section 5334(e), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''; (D) in section 6312(a)(1), by striking ``Soil Conservation and Allotment Act'' and inserting ``Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000,''; (E) in section 8331(1)(F), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''; (F) in section 8701(a)(8), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''; and (G) in section 8901(1)(G), by striking ``section 590h(b) of title 16'' and inserting ``section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), before the effective date of section 102 of the USDA Accountability and Equity Act of 2000''. (3) Section 8(b)(5)(E) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)(E)) is amended by striking the second and third sentences. (h) 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. TITLE II--IMPROVED PROGRAM EQUITY SEC. 201. PARTICIPATION OF SOCIALLY DISADVANTAGED FARMERS AND RANCHERS AND OTHER SIMILARLY SITUATED FARMERS AND RANCHERS IN ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. (a) Inclusion of Definition.--Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended-- (1) by redesignating paragraphs (16), (17), and (18) as paragraphs (17), (18), and (19), respectively; and (2) by inserting after paragraph (15) the following new paragraph: ``(16) Socially disadvantaged farmer or rancher.--The term `socially disadvantaged farmer or rancher' means a farmer or rancher who is a member of a socially disadvantaged group (as that term is defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))), a farmer or rancher who has limited resources, or a farmer or rancher who is a member of a federally recognized Indian tribe.''. (b) Increased Funding; Availability of Funds.--Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended-- (1) in paragraph (1), by striking ``and $200,000,000 for each of fiscal years 1997 through 2002'' and inserting ``$200,000,000 for each of fiscal years 1997 through 2000, and $300,000,000 for each of fiscal years 2001 and 2002''; (2) in paragraph (2), by striking ``50 percent'' and inserting ``one-third''; and (3) by adding at the end the following new paragraphs: ``(3) Assistance for socially disadvantaged farmers and ranchers.--For each of fiscal years 2001 and 2002, one-third of the funding available for technical assistance, cost-share payments, incentives payments, and education under the environmental quality incentives program shall be targeted to increase assistance to socially disadvantaged farmers and ranchers. ``(4) Availability of funds.--Funds made available to the environmental quality incentives program through the Commodity Credit Corporation shall remain available until expended.''. (c) Priority for Assistance.--Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended-- (1) in paragraph (2), by striking ``or''; (2) in paragraph (3), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(4) are for operations owned or operated by a socially disadvantaged farmer or rancher.''. (d) Timing of Payments; Cost-Share Limitations.--Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended-- (1) in subsection (c), by striking ``may not be made by the Secretary until the subsequent fiscal year'' and inserting ``may be made by the Secretary during that fiscal year''; and (2) by adding at the end the following new subsection: ``(d) Waiver of Cost-Share Requirements.--In addition to subsection (b), the Secretary may waive or adjust the maximum rate of cost-share and incentive payments under subsection (a) in the case of a producer who is a socially disadvantaged farmer or rancher.''. (e) Calculating Producer Contributions.--Section 1240B(e)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(e)(1)) is amended by adding at the end the following new subparagraph: ``(D) In-kind contributions.--For purposes of calculating the producer's share of the cost of a structural practice, the Secretary may count contributions in labor, materials, or equipment when the producer is a socially disadvantaged farmer or rancher.''. SEC. 202. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY. Section 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended to read as follows: ``(b) Appropriation.-- ``(1) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary of Agriculture $15,000,000 for fiscal year 2001 and for each succeeding fiscal year to carry out this section. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. SEC. 203. FUNDING OF PROGRAM OF OUTREACH AND TECHNICAL ASSISTANCE TO SOCIALLY DISADVANTAGED FARMERS. Section 2501(a)(3) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)(3)) is amended to read as follows: ``(3) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary $10,000,000 for fiscal year 2001 and for each succeeding fiscal year to carry out this section.''. SEC. 204. FUNDING OF EXTENSION INDIAN RESERVATION PROGRAM. Section 1677(g) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5930(g)) is amended to read as follows: ``(g) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary $8,000,000 for fiscal year 2001 and for each succeeding fiscal year to carry out this section.''. SEC. 205. FUNDING OF FARM OWNERSHIP AND OPERATING LOAN PROGRAMS. Section 346(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is amended by adding at the end the following: ``(H) Additional funding.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for fiscal year 2001 and for each succeeding fiscal year $585,000,000 for direct loans, of which-- ``(i) $85,000,000 shall be for farm ownership loans under subtitle A; and ``(ii) $500,000,000 shall be for operating loans under subtitle B.''.

(Sec. 102) Directs the Secretary to prescribe uniform guidelines for conducting county and area committee elections. (Sec. 103) Provides for the conversion of permanent and temporary county committee employees to Federal civil service status. Title II: Improved Program Equity - Amends the Food Security Act of 1985 respecting the environmental quality incentives program to: (1) increase program funding; (2) reduce the livestock set-aside; and (3) give priority to, establish set-asides, and waive cost-share requirements for socially disadvantaged farmers and ranchers. (Sec. 202) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to make permanent appropriations for 1890 land grant college grants. (Sec. 203) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to make permanent appropriations for: (1) outreach and technical assistance programs for socially disadvantaged farmers and ranchers; and (2) Indian reservation extension education programs. (Sec. 205) Amends the Consolidated Farm and Rural Development Act to make permanent appropriations for farm operating and ownership loans.

USDA Accountability and Equity Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health on Campus Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The 2007 National Survey of Counseling Center Directors found that the average ratio of counselors to students on campus is nearly 1 to 2,000 and is often far higher on large campuses. The International Association of Counseling Services accreditation standards recommend 1 counselor per 1,000 to 1,500 students. (2) College counselors report that 8.5 percent of enrolled students sought counseling in the past year, totaling an estimated 1,600,000 students. (3) Over 90 percent of counseling directors believe there is an increase in the number of students coming to campus with severe psychological problems. The majority of counseling directors report concerns that the demand for services is growing without an increase in resources. (4) A 2008 American College Health Association survey revealed that 43 percent of students at colleges and universities report having felt so depressed it was difficult to function, and one out of every 11 students seriously considered suicide within the past year. (5) Research conducted between 1989 and 2002 found that students seen for anxiety disorders doubled, for depression tripled, and for serious suicidal intention tripled. (6) Many students who need help never receive it. Counseling directors report that, of the students who committed suicide on their campuses, only 22 percent were current or former counseling center clients. Directors did not know the previous psychiatric history of 60 percent of those students. (7) A survey conducted by the University of Idaho Student Counseling Center in 2000 found that 77 percent of students who responded reported that they were more likely to stay in school because of counseling and that their school performance would have declined without counseling. (8) A 6-year longitudinal study of college students found that personal and emotional adjustment was an important factor in retention and predicted attrition as well as, or better than, academic adjustment (Gerdes & Mallinckrodt, 1994). SEC. 3. IMPROVING MENTAL AND BEHAVIORAL HEALTH ON COLLEGE CAMPUSES. Title V of the Public Health Service Act is amended by inserting after section 520E-2 (42 U.S.C. 290bb-36b) the following: ``SEC. 520E-3. GRANTS TO IMPROVE MENTAL AND BEHAVIORAL HEALTH ON COLLEGE CAMPUSES. ``(a) Purpose.--It is the purpose of this section, with respect to college and university settings, to-- ``(1) increase access to mental and behavioral health services; ``(2) foster and improve the prevention of mental and behavioral health disorders, and the promotion of mental health; ``(3) improve the identification and treatment for students at risk; ``(4) improve collaboration and the development of appropriate levels of mental and behavioral health care; ``(5) reduce the stigma for students with mental health disorders and enhance their access to mental health services; and ``(6) improve the efficacy of outreach efforts. ``(b) Grants.--The Secretary, acting through the Administrator and in consultation with the Secretary of Education, shall award competitive grants to eligible entities to improve mental and behavioral health services and outreach on college and university campuses. ``(c) Eligibility.--To be eligible to receive a grant under subsection (b), an entity shall-- ``(1) be an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the information required under subsection (d). ``(d) Application.--An application for a grant under this section shall include-- ``(1) a description of the population to be targeted by the program carried out under the grant, the particular mental and behavioral health needs of the students involved, and the Federal, State, local, private, and institutional resources available for meeting the needs of such students at the time the application is submitted; ``(2) an outline of the objectives of the program carried out under the grant; ``(3) a description of activities, services, and training to be provided under the program, including planned outreach strategies to reach students not currently seeking services; ``(4) a plan to seek input from community mental health providers, when available, community groups, and other public and private entities in carrying out the program; ``(5) a plan, when applicable, to meet the specific mental and behavioral health needs of veterans attending institutions of higher education; ``(6) a description of the methods to be used to evaluate the outcomes and effectiveness of the program; and ``(7) an assurance that grant funds will be used to supplement, and not supplant, any other Federal, State, or local funds available to carry out activities of the type carried out under the grant. ``(e) Special Considerations.--In awarding grants under this section, the Secretary shall give special consideration to applications that describe programs to be carried out under the grant that-- ``(1) demonstrate the greatest need for new or additional mental and behavioral health services, in part by providing information on current ratios of students to mental and behavioral health professionals; ``(2) propose effective approaches for initiating or expanding campus services and supports using evidence-based practices; ``(3) target traditionally underserved populations and populations most at risk; ``(4) where possible, demonstrate an awareness of, and a willingness to, coordinate with a community mental health center or other mental health resource in the community, to support screening and referral of students requiring intensive services; ``(5) identify how the college or university will address psychiatric emergencies, including how information will be communicated with families or other appropriate parties; and ``(6) demonstrate the greatest potential for replication and dissemination. ``(f) Use of Funds.--Amounts received under a grant under this section may be used to-- ``(1) provide mental and behavioral health services to students, including prevention, promotion of mental health, screening, early intervention, assessment, treatment, management, and education services relating to the mental and behavioral health of students; ``(2) provide outreach services to notify students about the existence of mental and behavioral health services; ``(3) educate families, peers, faculty, staff, and communities to increase awareness of mental health issues; ``(4) support student groups on campus that engage in activities to educate students, reduce stigma surrounding mental and behavioral disorders, and promote mental health wellness; ``(5) employ appropriately trained staff; ``(6) expand mental health training through internship, post-doctorate, and residency programs; ``(7) develop and support evidence-based and emerging best practices, including a focus on culturally and linguistically appropriate best practices; and ``(8) evaluate and disseminate best practices to other colleges and universities. ``(g) Duration of Grants.--A grant under this section shall be awarded for a period not to exceed 3 years. ``(h) Evaluation and Reporting.-- ``(1) Evaluation.--Not later than 18 months after the date on which a grant is received under this section, the eligible entity involved shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant and plans for the sustainability of such efforts. ``(2) Report.--Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of-- ``(A) the evaluations conducted under paragraph (1); and ``(B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants under this section. ``(i) Technical Assistance.--The Secretary may provide technical assistance to grantees in carrying out this section. ``(j) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ``SEC. 520E-4. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION ON COLLEGE CAMPUSES. ``(a) Purpose.--It is the purpose of this section to increase access to, and reduce the stigma associated with, mental health services so as to ensure that college students have the support necessary to successfully complete their studies. ``(b) National Public Education Campaign.--The Secretary, acting through the Administrator and in collaboration with the Director of the Centers for Disease Control and Prevention, shall convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses. Such campaign shall be designed to-- ``(1) improve the general understanding of mental health and mental health disorders; ``(2) encourage help-seeking behaviors relating to the promotion of mental health, prevention of mental health disorders, and treatment of such disorders; ``(3) make the connection between mental and behavioral health and academic success; and ``(4) assist the general public in identifying the early warning signs and reducing the stigma of mental illness. ``(c) Composition.--The working group under subsection (b) shall include-- ``(1) mental health consumers, including students and family members; ``(2) representatives of colleges and universities; ``(3) representatives of national mental and behavioral health and college associations; ``(4) representatives of college health promotion and prevention organizations; ``(5) representatives of mental health providers, including community mental health centers; and ``(6) representatives of private- and public-sector groups with experience in the development of effective public health education campaigns. ``(d) Plan.--The working group under subsection (b) shall develop a plan that shall-- ``(1) target promotional and educational efforts to the college age population and individuals who are employed in college and university settings, including the use of roundtables; ``(2) develop and propose the implementation of research- based public health messages and activities; ``(3) provide support for local efforts to reduce stigma by using the National Mental Health Information Center as a primary point of contact for information, publications, and service program referrals; and ``(4) develop and propose the implementation of a social marketing campaign that is targeted at the college population and individuals who are employed in college and university settings. ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. SEC. 4. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH. (a) Purpose.--It is the purpose of this section, pursuant to Executive Order 13263 (and the recommendations issued under section 6(b) of such Order), to provide for the establishment of a College Campus Task Force under the Federal Executive Steering Committee on Mental Health, to discuss mental and behavioral health concerns on college and university campuses. (b) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a College Campus Task Force (referred to in this section as the ``Task Force''), under the Federal Executive Steering Committee on Mental Health, to discuss mental and behavioral health concerns on college and university campuses. (c) Membership.--The Task Force shall be composed of a representative from each Federal agency (as appointed by the head of the agency) that has jurisdiction over, or is affected by, mental health and education policies and projects, including-- (1) the Department of Education; (2) the Department of Health and Human Services; (3) the Department of Veterans Affairs; and (4) such other Federal agencies as the Administrator of the Substance Abuse and Mental Health Services Administration and the Secretary jointly determine to be appropriate. (d) Duties.--The Task Force shall-- (1) serve as a centralized mechanism to coordinate a national effort-- (A) to discuss and evaluate evidence and knowledge on mental and behavioral health services available to, and the prevalence of mental health illness among, the college age population of the United States; (B) to determine the range of effective, feasible, and comprehensive actions to improve mental and behavioral health on college and university campuses; (C) to examine and better address the needs of the college age population dealing with mental illness; (D) to survey Federal agencies to determine which policies are effective in encouraging, and how best to facilitate outreach without duplicating, efforts relating to mental and behavioral health promotion; (E) to establish specific goals within and across Federal agencies for mental health promotion, including determinations of accountability for reaching those goals; (F) to develop a strategy for allocating responsibilities and ensuring participation in mental and behavioral health promotions, particularly in the case of competing agency priorities; (G) to coordinate plans to communicate research results relating to mental and behavioral health amongst the college age population to enable reporting and outreach activities to produce more useful and timely information; (H) to provide a description of evidence-based best practices, model programs, effective guidelines, and other strategies for promoting mental and behavioral health on college and university campuses; (I) to make recommendations to improve Federal efforts relating to mental and behavioral health promotion on college campuses and to ensure Federal efforts are consistent with available standards and evidence and other programs in existence as of the date of enactment of this Act; and (J) to monitor Federal progress in meeting specific mental and behavioral health promotion goals as they relate to college and university settings; (2) consult with national organizations with expertise in mental and behavioral health, especially those organizations working with the college age population; and (3) consult with and seek input from mental health professionals working on college and university campuses as appropriate. (e) Meetings.-- (1) In general.--The Task Force shall meet at least 3 times each year. (2) Annual conference.--The Secretary shall sponsor an annual conference on mental and behavioral health in college and university settings to enhance coordination, build partnerships, and share best practices in mental and behavioral health promotion, data collection, analysis, and services. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Mental Health on Campus Improvement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants to eligible institutions of higher education to improve mental and behavioral health services and outreach on college and university campuses. Directs the Secretary to give special consideration to programs that: (1) demonstrate the greatest need; (2) propose effective approaches for initiating or expanding campus services; (3) target underserved and at-risk populations; (4) coordinate with a community mental health center or other community mental health resources; (5) identify how the college or university will address psychiatric emergencies; and (6) demonstrate the greatest potential for replication and dissemination. Allows the Secretary to provide technical assistance to grantees. Requires the Secretary, acting through the Administrator, to convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses. Requires the Secretary to establish the College Campus Task Force to discuss mental and behavioral health concerns on college and university campuses.

To amend the Public Health Service Act to improve mental and behavioral health services on college campuses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sexual Harassment Prevention Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Sexual harassment in employment persists widely in the workplace, although it violates title VII of the Civil Rights Act of 1964 and adversely affects employees. (2) According to guidelines issued by the Equal Employment Opportunity Commission in 1980, the most effective tool for eliminating sexual harassment is prevention. (3) The United States Merit Systems Protection Board found in 1981 and 1988 surveys of Federal Government employees that 42 percent of female employees and 14 percent of male employees questioned had experienced some kind of harassment in employment. The American Psychological Association estimates that at least \1/2\ of all working women have been sexually harassed at the workplace during their careers. (4) The vast majority of sexual harassment episodes go unreported to a supervisory employee or other individual designated by the employer. Only 5 percent of the Government employees who indicated in the 1988 Merit Systems Protection Board survey that they had been harassed filed a formal complaint or requested an investigation of the harassment. (5) Sexual harassment has a significant cost for employees and employers. A 1988 study by Working Woman Magazine shows that sexual harassment costs a typical ``Fortune 500'' employer $6,000,000, or $292.53 per employee, each year. The same study estimates that it is 34 times more expensive for such an employer to ignore the problem than it is to establish effective programs and policies to address the problem. (6) Most job growth over the next decade is expected to occur in employment by small employers. Sixty-six percent of the individuals who will enter the work force during this period are expected to be female. The establishment of programs and policies in small-business environments, at a low cost to employers, will be a key prevention priority to reduce sexual harassment in employment. (b) Purposes.--The purposes of this Act are-- (1) to establish workplace requirements that will reduce the incidence of sexual harassment in employment, (2) to provide a low-cost system to assist employers to establish programs and policies to prevent sexual harassment in employment, (3) to raise the awareness of employees of the definition of sexual harassment and of available avenues of redress, and (4) to increase the authority and capacity of the Equal Employment Opportunity Commission to assist in preventing sexual harassment in employment. SEC. 3. EMPLOYER REQUIREMENTS. (a) Posting of Notice in the Workplace.--Each employer shall post and keep posted in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted, a notice that shall be prepared or approved by the Commission and shall set forth-- (1) the definition of sexual harassment found in section 1604.11(a) of title 29 of the Code of Federal Regulations (July 1, 1992), (2) the fact that sexual harassment in employment is a violation of title VII of the Civil Rights Act of 1964, (3) information describing how to file with the Commission a complaint alleging such harassment, including information on the time periods within which an alleged victim of discrimination (including sexual harassment) must file a charge with the Equal Employment Opportunity Commission, or a State or local fair employment agency, in order to satisfy the statute of limitations applicable to claims under title VII, (4) an address, and the toll-free telephone number, to be used to contact the Commission regarding such harassment or compliance with the requirements of this Act, and (5) such other information as the Commission may require. (b) Separate Notice to Individual Employees.--Each employer shall provide annually to each employee separately a written notice that includes-- (1) the matters specified in paragraphs (1) through (4) of subsection (a), (2) a description of the procedures established by such employer to resolve allegations of sexual harassment in employment, and (3) such other information as the Commission may require. Such notice shall be provided in a manner that ensures that such employee actually receives such notice. (c) Management Information for Supervisory Employees.--Not later than 60 days after an employer places an individual in a supervisory employment position or 1 year after the date of the enactment of this Act, whichever occurs later, such employer shall provide to the supervisory employee information specifying the responsibilities of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment in employment. (d) Civil Penalty.--A willful violation of this section shall be punishable by a civil penalty of not more than $1,000 for each separate violation. SEC. 4. DUTIES OF THE COMMISSION. (a) Technical Assistance Materials.--Not later than 180 days after the date of the enactment of this Act, the Commission shall prepare, revise from time to time as needed, and make available to employers at no cost (by publication in the Federal Register or other means)-- (1) a model notice of the kind required by section 3(a) to be posted, (2) a model notice of the kind required by section 3(b) to be provided to employees, and (3) voluntary guidelines for the establishment of policies and procedures by employers to address allegations of discrimination (including sexual harassment) in employment. (b) Toll-Free Telephone Number.--Not later than 180 days after the date of the enactment of this Act, the Commission shall provide a toll- free telephone number for use by employees and employers in the United States to obtain-- (1) information regarding compliance with this Act, and (2) the model notices and guidelines prepared under subsection (a). SEC. 5. ENFORCEMENT. Section 3 shall be enforced-- (1) by the Commission with respect to violations alleged by employees as defined in subparagraphs (A), (B), and (E) of section 6(2), (2) by the House of Representatives in the manner described in section 117(a)(2)(B) of the Civil Rights Act of 1992 (2 U.S.C. 60l) with respect to violations alleged by employees as defined in section 6(2)(C) of this Act, and (3) by the Senate in the manner described in the Government Employee Rights Act of 1992 (2 U.S. 120 et seq.) with respect to violations alleged by employees as defined in section 6(2)(D) of this Act. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Commission'' means the Equal Employment Opportunity Commission, (2) the term ``employee'' means-- (A) an employee as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)), (B) an employee referred to in section 717(a) of such Act (42 U.S.C. 2000e-16(a)), (C) an employee in an employment position of the House of Representatives, (D) a Senate employee as defined in section 301(c)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1201(c)(1)), or (E) an employee (other than a Senate employee) in an employment position of an instrumentality of the Congress, (3) the term ``employer'' means-- (A) an employer as defined in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), (B) a Federal entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-716(a)) applies, or (C) an employing authority of the House of Representatives, of the Senate, or of an instrumentality of the Congress, (4) the term ``instrumentality of the Congress'' means the Architect of the Capitol, the Congressional Budget Office, the Office of Technology Assessment, the United States Botanic Garden, and those units of the Government Printing Office with positions in the excepted service, and (5) the term ``sexual harassment'' has the same meaning as such term has for purposes of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2000e-17). SEC. 7. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Effective Date of Section 3.--Section 3 shall take effect 1 year after the date of the enactment of this Act.

Sexual Harassment Prevention Act of 1993 - Directs employers (including Federal and congressional agencies) to keep posted in conspicuous places a notice prepared or approved by the Equal Employment Opportunity Commission that sets forth: (1) the definition of sexual harassment found in the Code of Federal Regulations; (2) the fact that sexual harassment is a violation of the Civil Rights Act of 1964; (3) information describing how to file a complaint with the Commission alleging such harassment; (4) an address and toll-free number to be used to contact the Commission; and (5) other information required by the Commission. Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment. Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment. Prescribes civil penalties for willful violations of this Act. Directs the Commission to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act.

Sexual Harassment Prevention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promise for Antibiotics and Therapeutics for Health Act'' or the ``PATH Act''. SEC. 2. LIMITED POPULATION PATHWAY FOR ANTIBACTERIAL DRUGS. Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended-- (1) by transferring subsection (e) so that it appears before subsection (f); and (2) by adding at the end the following: ``(g) Limited Population Pathway for Antibacterial Drugs.-- ``(1) In general.--The Secretary shall establish a program under which the Secretary may, at the request of a sponsor, approve an antibacterial drug, alone or in combination with one or more drugs, as a limited population antibacterial drug, upon a determination that such drug is intended to treat a serious or life-threatening disease, condition, or infection and address an unmet medical need for such disease, condition, or infection within an identifiable limited population. ``(2) Limited population pathway.-- ``(A) In general.--The sponsor of an antibacterial drug that the Secretary determines to be eligible for approval as a limited population antibacterial drug shall be required to demonstrate the safety and effectiveness of such drug, as required under section 505(d) or section 351(a) of the Public Health Service Act, for the intended use of the drug. The Secretary shall determine the safety and effectiveness of an antibacterial drug under the limited population pathway for antibacterial drugs in accordance with subparagraph (B). An antibacterial drug shall be eligible for approval under the limited population pathway only upon the request of the sponsor. ``(B) Considerations.-- ``(i) Benefit-risk profile.--The Secretary's determination of safety and effectiveness of a limited population antibacterial drug shall reflect the benefit- risk profile of the drug in the intended limited population, taking into account the severity, rarity, or prevalence of the infection the drug is intended to treat and the availability or lack of alternative treatment for such infection. Approval of a drug under the limited population antibacterial drug pathway shall not be denied due to a lack of evidence to fully establish a favorable benefit-risk profile in a population that is broader than the intended limited population. ``(ii) Types of evidence.--In determining whether to approve a drug under the limited population pathway, the Secretary-- ``(I) shall rely on sufficient evidence, which may include traditional endpoints, alternate endpoints, or a combination of traditional and alternate endpoints, and, as appropriate, small clinical data sets; and ``(II) may rely on supplemental data, including preclinical evidence, pharmacologic or pathophysiologic evidence, nonclinical susceptibility, pharmacokinetic data, and other such confirmatory evidence as the Secretary determines appropriate. ``(3) Requirements.--With respect to a drug approved through the limited population pathway, the Secretary shall require-- ``(A) the labeling of such antibacterial drug, such as through a logo or other means, to indicate that the drug has been approved for use only in a limited population and that the safety and efficacy of the drug has been demonstrated only with respect to such limited population; and ``(B) the sponsor to submit copies of all promotional materials related to the limited population antibacterial drug, at least 30 days prior to dissemination of the materials. ``(4) Other programs.--A sponsor of a drug that seeks approval of a drug through the limited population pathway for antibacterial drugs may also seek approval of such drug under subsections (a), (b), and (c), and sections 505E and 524. ``(5) Guidance.--Not later than 18 months after the date of enactment of the Promise for Antibiotics and Therapeutics for Health Act, the Secretary shall issue draft guidance describing criteria, processes, and other general considerations for demonstrating the safety and effectiveness of limited population antibacterial drugs and how the pathway can be expanded to other therapeutic areas in addition to antibacterial infections. The Secretary may approve antibacterial drugs through such limited population pathway prior to issuing guidance under this paragraph. ``(6) Postapproval monitoring programs for antibacterial drugs.--The Secretary, in consultation with the Commissioner and other relevant heads of agencies, shall conduct postapproval monitoring programs to study how antibacterial drugs approved through the pathway under this subsection are used and to monitor changes in bacterial resistance to drugs, including drugs approved under this pathway. ``(7) Advice.--The Secretary shall provide prompt advice to the sponsor of a drug for which the sponsor seeks approval through the limited population pathway for antibacterial drugs to enable the sponsor to plan a development program to obtain the necessary data for approval of such drug through the limited population pathway for antibacterial drugs and to conduct any additional studies that would be required to gain approval of such drug for use in a broader population. ``(8) Termination of limitations.--If, after approval of a drug through the limited population pathway for antibacterial drugs, the Secretary approves a broader indication for such drug for which the sponsor applies under section 505(b) or section 351 of the Public Health Service Act, the Secretary may remove any postmarketing conditions, including requirements with respect to labeling and review of promotional materials under paragraph (3) and postapproval monitoring under paragraph (6), applicable to the approval of the drug through the limited population pathway for antibacterial drugs. ``(9) Rules of construction.-- ``(A) Standards of evidence and authority of secretary.--Nothing in this subsection shall be construed to alter the standards of evidence applicable to the review and approval of a drug under this Act or the Public Health Service Act, or to modify or limit the authority of the Secretary to approve or monitor drugs pursuant to this Act or the Public Health Service Act as authorized prior to the date of enactment of the Promise for Antibiotics and Therapeutics for Health Act. ``(B) Prescribing authority.--Nothing in this subsection shall be construed to restrict the prescribing of antibiotics or other products, including drugs approved under the limited population pathway, by health care professionals, or to limit the practice of health care. ``(10) Expansion of pathway.--Beginning on October 1, 2016, the limited population pathway for antibiotic drugs may be expanded to apply to approval of other drugs intended to treat a serious or life-threatening illness. The approval of such drugs shall be subject to the considerations and requirements described in this subsection, unless the Secretary delivers a report to Congress prior to that date explaining why such pathway should not be used for other therapeutic areas in addition to antibacterial infections.''.

Promise for Antibiotics and Therapeutics for Health Act or the PATH Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Department of Health and Human Services (HHS) to establish a program to approve an antibacterial drug intended to treat a serious medical condition and address an unmet medical need within an identifiable limited population as a limited population antibacterial drug. Requires the sponsor of a drug eligible for approval as a limited population antibacterial drug to demonstrate the safety and effectiveness of the drug for its intended use. Requires an HHS determination of the safety and effectiveness of a limited population antibacterial drug to reflect the drug's benefit-risk profile in the intended limited population. Prohibits a lack of evidence of a favorable benefit-risk profile in a broader population from resulting in a denial of approval. Directs HHS to require: (1) the labeling of a limited population antibacterial drug to indicate that the drug has been approved for use only in a limited population, and (2) submission of promotional materials related to the drug prior to dissemination. Directs HHS to describe considerations for demonstrating the safety and effectiveness of limited population antibacterial drugs and how the limited population pathway can be expanded to other therapeutic areas. Requires HHS to conduct postapproval monitoring programs to study how antibacterial drugs approved through the limited population pathway are used and to monitor changes in bacterial drug resistance. Allows HHS to remove the labeling, marketing, and postapproval monitoring requirements of a limited population antibacterial drug if the drug is approved for broader use. Allows the limited population pathway to be expanded to other drugs intended to treat serious illness beginning October 1, 2016.

PATH Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Student Loans Affordable Act of 2013''. SEC. 2. INTEREST RATE EXTENSION. Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amended-- (1) in the matter preceding clause (i), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2014,''; and (2) in clause (v), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2014,''. SEC. 3. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR PENSION PLANS. (a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Required distributions where employee dies before entire interest is distributed.-- ``(i) 5-year general rule.--A trust shall not constitute a qualified trust under this section unless the plan provides that, if an employee dies before the distribution of the employee's interest (whether or not such distribution has begun in accordance with subparagraph (A)), the entire interest of the employee will be distributed within 5 years after the death of such employee. ``(ii) Exception for eligible designated beneficiaries.--If-- ``(I) any portion of the employee's interest is payable to (or for the benefit of) an eligible designated beneficiary, ``(II) such portion will be distributed (in accordance with regulations) over the life of such eligible designated beneficiary (or over a period not extending beyond the life expectancy of such beneficiary), and ``(III) such distributions begin not later than 1 year after the date of the employee's death or such later date as the Secretary may by regulations prescribe, then, for purposes of clause (i) and except as provided in clause (iv) or subparagraph (E)(iii), the portion referred to in subclause (I) shall be treated as distributed on the date on which such distributions begin. ``(iii) Special rule for surviving spouse of employee.--If the eligible designated beneficiary referred to in clause (ii)(I) is the surviving spouse of the employee-- ``(I) the date on which the distributions are required to begin under clause (ii)(III) shall not be earlier than the date on which the employee would have attained age 70\1/ 2\, and ``(II) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse were the employee. ``(iv) Rules upon death of eligible designated beneficiary.--If an eligible designated beneficiary dies before the portion of an employee's interest described in clause (ii) is entirely distributed, clause (ii) shall not apply to any beneficiary of such eligible designated beneficiary and the remainder of such portion shall be distributed within 5 years after the death of such beneficiary.''. (b) Definition of Eligible Designated Beneficiary.--Section 401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as follows: ``(E) Definitions and rules relating to designated beneficiary.--For purposes of this paragraph-- ``(i) Designated beneficiary.--The term `designated beneficiary' means any individual designated as a beneficiary by the employee. ``(ii) Eligible designated beneficiary.-- The term `eligible designated beneficiary' means, with respect to any employee, any designated beneficiary who, as of the date of death of the employee, is-- ``(I) the surviving spouse of the employee, ``(II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph (F)), ``(III) disabled (within the meaning of section 72(m)(7)), ``(IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one that is reasonably expected to be lengthy in nature), or ``(V) an individual not described in any of the preceding subparagraphs who is not more than 10 years younger than the employee. ``(iii) Special rule for children.--Subject to subparagraph (F), an individual described in clause (ii)(II) shall cease to be an eligible designated beneficiary as of the date the individual reaches majority and the requirement of subparagraph (B)(i) shall not be treated as met with respect to any remaining portion of an employee's interest payable to the individual unless such portion is distributed within 5 years after such date.''. (c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(v) Employees becoming 5-percent owners after age 70\1/2\.--If an employee becomes a 5- percent owner (as defined in section 416) with respect to a plan year ending in a calendar year after the calendar year in which the employee attains age 70\1/2\, then clause (i)(II) shall be applied by substituting the calendar year in which the employee became such an owner for the calendar year in which the employee retires.''. (d) Effective Dates.-- (1) In general.--Except as provided in this subsection, the amendments made by this section shall apply to distributions with respect to employees who die after December 31, 2013. (2) Required beginning date.-- (A) In general.--The amendment made by subsection (c) shall apply to employees becoming a 5-percent owner with respect to plan years ending in calendar years beginning before, on, or after the date of the enactment of this Act. (B) Special rule.--If-- (i) an employee became a 5-percent owner with respect to a plan year ending in a calendar year which began before January 1, 2013, and (ii) the employee has not retired before calendar year 2014, such employee shall be treated as having become a 5- percent owner with respect to a plan year ending in 2013 for purposes of applying section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986 (as added by the amendment made by subsection (c)). (3) Exception for certain beneficiaries.--If a designated beneficiary of an employee who dies before January 1, 2014, dies after December 31, 2013-- (A) the amendments made by this section shall apply to any beneficiary of such designated beneficiary, and (B) the designated beneficiary shall be treated as an eligible designated beneficiary for purposes of applying section 401(a)(9)(B)(iv) of such Code (as in effect after the amendments made by this section). (4) Exception for certain existing annuity contracts.-- (A) In general.--The amendments made by this section shall not apply to a qualified annuity which is a binding annuity contract in effect on the date of the enactment of this Act and at all times thereafter. (B) Qualified annuity contract.--For purposes of this paragraph, the term ``qualified annuity'' means, with respect to an employee, an annuity-- (i) which is a commercial annuity (as defined in section 3405(e)(6) of such Code) or payable by a defined benefit plan, (ii) under which the annuity payments are substantially equal periodic payments (not less frequently than annually) over the lives of such employee and a designated beneficiary (or over a period not extending beyond the life expectancy of such employee or the life expectancy of such employee and a designated beneficiary) in accordance with the regulations described in section 401(a)(9)(A)(ii) of such Code (as in effect before such amendments) and which meets the other requirements of this section 401(a)(9) of such Code (as so in effect) with respect to such payments, and (iii) with respect to which-- (I) annuity payments to the employee have begun before January 1, 2014, and the employee has made an irrevocable election before such date as to the method and amount of the annuity payments to the employee or any designated beneficiaries, or (II) if subclause (I) does not apply, the employee has made an irrevocable election before the date of the enactment of this Act as to the method and amount of the annuity payments to the employee or any designated beneficiaries.

Keep Student Loans Affordable Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to extend the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013, to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2014. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines "eligible designated beneficiary" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act.

Keep Student Loans Affordable Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Equity Act of 1993''. SEC. 2. INDEXATION OF GUARANTEED LOAN LIMITS IN COUNTIES WITH ABOVE AVERAGE LAND COSTS. (a) Guaranteed Real Estate Loans.--Section 305 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925) is amended-- (1) by inserting ``(a)'' before ``The Secretary shall make''; (2) by inserting ``multiplied by the adjustment factor calculated under subsection (b) for the area in which the borrower is located'' after ``$300,000''; and (3) by adding at the end the following: ``(b)(1) Upon the enactment of this subsection, and not later than the date any Census of Agriculture is completed, the Secretary shall calculate-- ``(A) the average value of land and buildings in each defined area in the United States; and ``(B) the adjustment factor for each such area in accordance with paragraph (2). ``(2) The adjustment factor for any defined area shall be 1.00, plus an amount that is directly proportional to the percentage (if any) by which the average value of land and buildings in the defined area exceeds the average value of land and buildings in the United States. The Secretary shall determine the proportion to be used in calculating adjustment factors under this subsection. ``(3) As used in paragraph (1), the term `defined area' means-- ``(A) a county; and ``(B) any other area if the Secretary deems it appropriate to calculate a separate adjustment factor for the area to better serve the credit needs of family farms in the area.''. (b) Guaranteed Operating Loans.--Section 313 of such Act (7 U.S.C. 1943) is amended-- (1) by inserting ``(a)'' before ``The Secretary shall make''; (2) by inserting ``multiplied by the adjustment factor calculated under subsection (b) for the area in which the borrower is located'' after ``$400,000''; and (3) by adding at the end the following: ``(b)(1) Upon the enactment of this subsection, and not later than the date any Census of Agriculture is completed, the Secretary shall calculate-- ``(A) the average value of land and buildings in each defined area in the United States; and ``(B) the adjustment factor for each such area in accordance with paragraph (2). ``(2) The adjustment factor for any defined area shall be 1.00, plus an amount that is directly proportional to the percentage (if any) by which the average value of land and buildings in the defined area exceeds the average value of land and buildings in the United States. The Secretary shall determine the proportion to be used in calculating adjustment factors under this subsection. ``(3) As used in paragraph (1), the term `defined area' means-- ``(A) a county; and ``(B) any other area if the Secretary deems it appropriate to calculate a separate adjustment factor for the area to better serve the credit needs of family farms in the area.''. (c) Elimination of Ceiling on Price of Property Which May Be Acquired Under the Down Payment Loan Program.--Section 310E of such Act (7 U.S.C. 1935) is amended-- (1) in subsection (b)(1), by inserting ``the lesser of $75,000, or'' before ``30''; and (2) in subection (c), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). SEC. 3. HIRED LABOR LIMITS. (a) Real Estate Loans.--Section 302 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922) is amended by adding at the end the following: ``(c)(1) The primary factor to be considered in determining whether an applicant for a loan under this subtitle is engaged primarily and directly in farming or ranching shall be whether the applicant is participating in routine, ongoing farm activities, and in overall decisionmaking with regard to the farm or ranch. ``(2) The Secretary may not deny a loan under this subtitle solely because more than 2 individuals are employed full-time in the farming operation for which the loan is sought.''. (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is amended by adding at the end the following: ``(d)(1) The primary factor to be considered in determining whether an applicant for a loan under this subtitle is engaged primarily and directly in farming or ranching shall be whether the applicant is participating in routine, ongoing farm activities, and in overall decisionmaking with regard to the farm or ranch. ``(2) The Secretary may not deny a loan under this subtitle solely because more than 2 individuals are employed full-time in the farming operation for which the loan is sought.''. (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is amended by adding at the end the following: ``(e)(1) The primary factor to be considered in determining whether an applicant for a loan under this subtitle is engaged primarily and directly in farming or ranching shall be whether the applicant is participating in routine, ongoing farm activities, and in overall decisionmaking with regard to the farm or ranch. ``(2) The Secretary may not deny a loan under this subtitle solely because more than 2 individuals are employed full-time in the farming operation for which the loan is sought.''. SEC. 4. AVAILABILITY OF CREDIT ELSEWHERE. Sections 302(a)(4) and 311(a)(4) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)(4) and 1941(a)(4)) are each amended by inserting ``and the availability of conventional sources of funds for lending to agricultural producers in the community'' before the period. SEC. 5. GROWER-SHIPPER AGREEMENTS. (a) Real Estate Loans.--Section 302 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922) is amended by adding after the subsection added by section 3(a) of this Act the following: ``(d) This section shall not be construed to prohibit the Secretary from making a loan under this subtitle to an applicant therefor who has entered into an agreement with a shipper of perishable commodities under which the applicant and the shipper share in the proceeds of the sale of an agricultural commodity if-- ``(1) in the absence of such an agreement, the applicant could not easily market the agricultural commodity, or could not market the agricultural commodity without incurring significant additional risk; and ``(2) the agreement is clearly beneficial to the applicant.''. (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is amended by adding after the subsection added by section 3(b) of this Act the following: ``(e) This section shall not be construed to prohibit the Secretary from making a loan under this subtitle to an applicant therefor who has entered into an agreement with a shipper of perishable commodities under which the applicant and the shipper share in the proceeds of the sale of an agricultural commodity if-- ``(1) in the absence of such an agreement, the applicant could not easily market the agricultural commodity, or could not market the agricultural commodity without incurring significant additional risk; and ``(2) the agreement is clearly beneficial to the applicant.''. (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is amended by adding after the subsection added by section 3(c) of this Act the following: ``(f) This section shall not be construed to prohibit the Secretary from making a loan under this subtitle to an applicant therefor who has entered into an agreement with a shipper of perishable commodities under which the applicant and the shipper share in the proceeds of the sale of an agricultural commodity if-- ``(1) in the absence of such an agreement, the applicant could not easily market the agricultural commodity, or could not market the agricultural commodity without incurring significant additional risk; and ``(2) the agreement is clearly beneficial to the applicant.''. SEC. 6. ELIGIBILITY FOR EMERGENCY LOANS. Section 321(a)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)(2)(B)) is amended by inserting ``or, in the case of holders of the entire interest who are related by blood or marriage and all of whom are or will become farm operators, the ownership interest of each such holder separately constitutes not larger than a family farm, even if their interests collectively constitute larger than a family farm, as defined by the Secretary'' after ``operator of not larger than a family farm''.

Agricultural Credit Equity Act of 1993 - Amends the Consolidated Farm and Rural Development Act to provide for indexing of guaranteed agricultural real estate and operating loan limits in high cost areas. Eliminates maximum property limits in the down payment loan program. Prohibits the denial of agricultural real estate, operating, or emergency loans based upon: (1) a farm's having more than two full-time employees; or (2) certain grower-shipper agreements.

Agricultural Credit Equity Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability and Responsibility in Contracting Act''. SEC. 2. INELIGIBILITY OF EXPATRIATED CORPORATIONS FOR FEDERAL CONTRACT AWARDS. (a) In General.--No acquiring corporation or any subsidiary of such a corporation that enters into a corporate expatriation transaction shall be eligible to be awarded a Federal contract. (b) Period of Ineligibility.--The period of ineligibility under subsection (a) shall be 3 years, beginning on the date of completion of the corporate expatriation transaction. (c) Exception for Repatriated Corporations.--If an acquiring corporation reorganizes as a domestic corporation within one year after the date of the enactment of this Act under the applicable incorporation laws of a State, subsection (a) shall not apply. (d) Definitions.--In this Act: (1) Corporate expatriation transaction.--(A) The term ``corporate expatriation transaction''-- (i) means any transaction if-- (I) a foreign corporation (referred to in this section as the ``acquiring corporation'') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation; and (II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; and (ii) includes any transaction if-- (I) a foreign corporation acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership; (II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction); and (III) the acquiring corporation meets the requirements of clauses (i) and (ii) of subparagraph (B). (B) Subclause (II) of subparagraph (A)(i) shall be applied by substituting ``50 percent'' for ``80 percent'' with respect to any foreign corporation if-- (i) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized; and (ii) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. (C) For purposes of this paragraph-- (i) a series of related transactions shall be treated as 1 transaction; and (ii) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. (2) Domestic.--The term ``domestic'' means created or organized in the United States or under the law of the United States or of any State. (3) Expanded affiliated group.--The term ``expanded affiliated group'' means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986, without regard to section 1504(b) of such Code. (e) Applicability.--This section shall apply with respect to a corporate expatriation transaction occurring before, on, or after the date of the enactment of this Act. (f) Waiver.-- (1) In general.--Subject to paragraph (2), the President may waive this section with respect to any specific contract if the President certifies to Congress that the waiver is required in the interest of national security. (2) Report.--The President may not carry out a waiver under paragraph (1) until a period of 30 days has expired after the President submits to Congress a report containing the certification described in paragraph (1) and setting forth the rationale for the waiver. SEC. 3. INELIGIBILITY FOR FEDERAL CONTRACT AWARDS OF COMPANIES DOING BUSINESS WITH, AND COMPANIES WITH FOREIGN SUBSIDIARIES DOING BUSINESS WITH, STATE SPONSORS OF TERRORISM OR FOREIGN TERRORIST ORGANIZATIONS. (a) In General.--No entity doing business with a state sponsor of terrorism or foreign terrorist organization, and no entity with a foreign subsidiary doing business with a state sponsor of terrorism or foreign terrorist organization, shall be eligible to be awarded a Federal contract. (b) Period of Ineligibility.--The period of ineligibility under subsection (a), as determined by the head of the executive agency entering into the contract concerned, in cooperation with the Secretary of State, shall be-- (1) 3 years for a first offense; (2) 10 years for a second offense; and (3) 15 years for any offense after a second offense, beginning on the date of certification under subsection (c) or (d). (c) Certification for Current Contracts.--Each executive agency shall require, for each contract with the agency that is in effect on the date of the enactment of this Act, that the contractor certify in writing that the contractor, the contractor's domestic parent company, and all other domestic subsidiaries of the domestic parent company did not do business, and did not own a foreign subsidiary that did business, during the 10-year period ending on the date of the enactment of this Act, with a state sponsor of terrorism or a foreign terrorist organization. A certification that the contractor, the parent, or other subsidiaries did do such business, or did own one or more foreign subsidiaries that did such business, shall be considered a first offense under subsection (b). (d) Certification for Future Contracts.--Each executive agency shall require, as a condition of entering into a contract after the date of the enactment of this Act, that a potential contractor certify in writing that the potential contractor, the potential contractor's domestic parent company, and all other domestic subsidiaries of the domestic parent company is not doing business, and does not own a foreign subsidiary that is doing business, or has done business within the last ten years, with a state sponsor of terrorism or a foreign terrorist organization. Each certification that the potential contractor, the parent, or other subsidiaries is doing such business, or owned one or more foreign subsidiaries doing such business currently or in the last ten years, shall be considered a separate offense under subsection (b). (e) Complaints.-- (1) In general.--Citizens may file complaints with executive agencies regarding Federal contractors. (2) Report.--The head of each executive agency shall submit to Congress an annual report on the complaints received by citizens under this subsection, including the nature of the complaint and the manner in which the agency handled the complaint. (f) Definitions.--In this section: (1) Executive agency.--The term ``executive agency'' has the meaning provided in section 102 of title 31, United States Code. (2) Foreign subsidiary.--The term ``foreign subsidiary'' means any foreign entity owned or controlled (directly or indirectly) by a potential contractor. (3) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means any government which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has provided support for acts of international terrorism. (4) Foreign terrorist organization.--The term ``foreign terrorist organization'' means a foreign terrorist organization designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

Accountability and Responsibility in Contracting Act - Prohibits any acquiring corporation or any subsidiary of any such a corporation that enters into a corporate expatriation transaction (as defined by this Act) from being eligible to be awarded a Federal contract for a three-year period, unless the acquiring corporation reorganizes as a domestic corporation under the applicable incorporation laws of a State. Prohibits any entity and any entity with a foreign subsidiary doing business with a state sponsor of terrorism or foreign terrorist organization from being eligible to be awarded a Federal contract for a period of: (1) three years for a first offense; (2) ten years for a second offense; and (3) 15 years for any offense after a second offense. Directs each executive agency to require certification from a current contractor that the contractor, the contractor's domestic parent company and all other domestic subsidiaries of the parent did not do business, and did not own a foreign subsidiary that did business, during the ten-year period ending on this Act's enactment with such a state sponsor or organization. Directs each executive agency to require certification from a potential contractor, that the potential contractor, the potential contractor's domestic parent company, and all other domestic subsidiaries of the parent is not doing business, and does not own a foreign subsidiary that is doing business, or has done business within the last ten years, with such a state sponsor or organization. Permits citizens to file complaints with executive agencies regarding Federal contractors and requires annual reporting on the complaints to Congress.

To make ineligible for Federal contract awards any expatriated corporations and any companies that do business with, or own foreign subsidiaries that do business with, state sponsors of terrorism or foreign terrorist organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom Preservation Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The Internet has had profound benefits for numerous aspects of daily life for millions of people throughout the United States and is increasingly vital to the economy of the United States. (2) The importance of the broadband marketplace to citizens, communities, and commerce warrants a thorough inquiry to obtain input and ideas for a variety of broadband policies that will promote openness, competition, innovation, and affordable, ubiquitous broadband service for all individuals in the United States. SEC. 3. BROADBAND POLICY. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following new section: ``SEC. 12. BROADBAND POLICY. ``It is the policy of the United States-- ``(1) to maintain the freedom to use for lawful purposes broadband telecommunications networks, including the Internet, without unreasonable interference from or discrimination by network operators, as has been the policy and history of the Internet and the basis of user expectations since its inception; ``(2) to ensure that the Internet remains a vital force in the United States economy, thereby enabling the Nation to preserve its global leadership in online commerce and technological innovation; ``(3) to preserve and promote the open and interconnected nature of broadband networks that enable consumers to reach, and service providers to offer, lawful content, applications, and services of their choosing, using their selection of devices, as long as such devices do not harm the network; and ``(4) to safeguard the open marketplace of ideas on the Internet by adopting and enforcing baseline protections to guard against unreasonable discriminatory favoritism for, or degradation of, content by network operators based upon its source, ownership, or destination on the Internet.''. SEC. 4. INTERNET FREEDOM ASSESSMENT. (a) Internet Freedom Assessment Required.-- (1) In general.--Within 90 days after the date of the enactment of this Act, the Federal Communications Commission (in this Act referred to as the ``Commission'') shall commence a proceeding on broadband services and consumer rights. (2) Specific requirements.--As part of the proceeding under this section, the Commission shall assess-- (A) whether broadband network providers adhere to the Commission's Broadband Policy Statement of August, 2005 (FCC 05-151), including whether, consistent with the needs of law enforcement, such providers refrain from blocking, thwarting, or unreasonably interfering with the ability of consumers to-- (i) access, use, send, receive, or offer lawful content, applications, or services over broadband networks, including the Internet; (ii) use lawful applications and services of their choice; and (iii) attach or connect their choice of legal devices to use in conjunction with their broadband telecommunications or information services, provided such devices do not harm the network; (B) whether broadband network providers add charges for quality of service, or other similar additional fees or surcharges, to certain Internet applications and service providers, and whether such pricing conflicts with the policies of the United States stated in section 12 of the Communications Act of 1934 (as added by section 3 of this Act); (C) whether broadband network providers offer to consumers parental control protection tools, services to combat unsolicited commercial electronic mail, and other similar consumer services, the manner in which such services are offered, and the extent to which such services are consistent with such policies of the United States; (D) practices by which network providers manage or prioritize network traffic, including prioritization for emergency communications, and whether and in what instances such practices may be consistent with such policies of the United States; (E) with respect to content, applications, and services-- (i) the historic economic benefits of an open platform; (ii) the relationship between competition in the broadband Internet access market and an open platform; and (iii) the policy choices and results of global competitors with respect to access competition and an open platform; (F) whether the need for enforceable rules governing openness, consumer rights, and consumer protections or prohibiting unreasonable discrimination is lessened if a broadband network provider provides significantly high bandwidth speeds to consumers; and (G) the potential of policies promoting openness in spectrum allocation, universal service programs, and video franchising to expand innovation through protection from unreasonable interference by network owners of an open marketplace for speech and commerce in content, applications, and services. (b) Public Broadband Summits Required.-- (1) In general.--As part of the proceeding required under subsection (a), and within 1 year after the date of the enactment of this Act, the Commission shall conduct a minimum of 8 public broadband summits, in geographically diverse locations, around the United States. The Commission shall publicly announce the time and location of each such summit at least 30 days in advance. (2) Purpose of public broadband summits.--Such public broadband summits shall seek to bring together, among others, consumers, consumer advocates, small business owners, corporations, venture capitalists, State and local governments, academia, labor organizations, religious organizations, representatives of higher education, primary and secondary schools, public libraries, public safety, and the technology sector to assess competition, consumer protection, and consumer choice issues related to broadband Internet access services. (c) Internet Input.--As part of the proceeding required under subsection (a), the Commission shall seek to utilize broadband technology to encourage input from and communication with the people of the United States through the Internet in a manner that will maximize the ability of such people to participate in such proceeding. (d) Report to Congress.--Within 90 days after completing the summits under subsection (b), the Commission shall submit a report to Congress-- (1) summarizing the results of the assessment under subsection (a), including information gained from the public summits under subsection (b); and (2) providing recommendations on how to promote competition, safeguard free speech, and ensure robust consumer protections and consumer choice relating to broadband Internet access services.

Internet Freedom Preservation Act of 2008 - Amends the Communications Act of 1934 to declare that it is U.S. policy to: (1) maintain the freedom to use broadband telecommunications networks, including the Internet, without unreasonable interference from or discrimination by network operators; (2) enable the United States to preserve its global leadership in online commerce and technological innovation; (3) promote the open and interconnected nature of broadband networks that enable consumers to reach, and service providers to offer, content, applications, and services of their choosing; and (4) guard against unreasonable discriminatory favoritism for, or degradation of, content by network operators based upon its source, ownership, or destination on the Internet. Requires the Federal Communications Commission (FCC) to commence a proceeding on broadband services and consumer rights, including assessing whether broadband network providers: (1) refrain from unreasonably interfering with the ability of consumers to access, use, send, receive, or offer content, applications, or services of their choice, and attach or connect their choice of devices; and (2) add charges for quality of service to certain Internet applications and service providers.

To establish broadband policy and direct the Federal Communications Commission to conduct a proceeding and public broadband summits to assess competition, consumer protection, and consumer choice issues relating to broadband Internet access services, and for other purposes.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Opal Creek Forest Preserve Act of 1994''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. Sec. 4. Opal Creek Forest Preserve. Sec. 5. Administration of the Preserve. Sec. 6. Prohibitions regarding the management of the Preserve. Sec. 7. Access to and acquisition of non-Federal land. Sec. 8. Authority of the Secretary and responsible parties to conduct environmental response actions or pursue liability. Sec. 9. Grandfather clause. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Old-growth forests are unique ecosystems that serve as critical habitat for hundreds of vertebrate and invertebrate animals, plants, and fungi. (2) Old-growth forests provide clean and plentiful water and support streams and rivers containing runs of anadromous and resident cold water fish, which are wholly dependent on high quantity and quality water for migration, spawning, rearing, and cover. (3) The high quantity and quality of water in streams and rivers in old-growth forests can only be maintained by protecting the watersheds of these streams and rivers. (4) Old-growth forests provide unique and outstanding opportunities for educational study, scientific research, and recreation. (5) The establishment of a watershed and forest preserve to protect areas of old-growth forests and surface waters can contribute significantly to the quality of life for the residents of the State of Oregon through education, recreation, and a protected water supply. (6) The area known as the Opal Creek Forest, located on the upper Little North Fork of the Santiam River in the State of Oregon, contains one of the largest remaining intact old-growth forest ecosystems in the Western Oregon Cascades. Although the landscape mosaic in the Opal Creek Forest may reflect some past logging, young stands of trees in the area mainly owe their existence to natural disturbances, chiefly wildfire. (7) The Opal Creek Forest contains outstanding geological and botanical features and contains attributes of historic and prehistoric importance. (8) The recreational use of the Opal Creek Forest, typically in the form of hiking, sightseeing, and the general enjoyment of the outdoor environment, is significant and likely to increase. (9) It is desirable to limit the human-related disturbances and development of the Opal Creek Forest in order to protect fully the special features of the forest and maintain the full potential of its watershed for scientific, educational, and research purposes. (10) Preservation of the Opal Creek Forest provides outstanding opportunities for scientists to conduct research regarding old-growth forests and for educators to provide scientifically credible information to the public. (b) Purposes.--The purposes of this Act are-- (1) to protect and preserve the forests and watersheds contained in the Opal Creek Forest Preserve; (2) consistent with paragraph (1), to promote and conduct-- (A) research in the Preserve regarding old-growth forests in a manner that does not include the harvesting of timber or otherwise damage the ecosystem; and (B) educational programs in the Preserve on old- growth forests and cultural and historic resources in the Preserve; and (3) consistent with paragraphs (1) and (2), to permit and regulate recreation in the Preserve. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Preserve.--The term ``Preserve'' means the Opal Creek Forest Preserve established in section 4(a). (2) Management plan.--The term ``management plan'' means the management plan for the Preserve developed pursuant to section 5(b). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. OPAL CREEK FOREST PRESERVE. (a) Establishment of Preserve.--There is hereby established the Opal Creek Forest Preserve in order to protect and preserve the forests and watersheds in the Preserve and to promote the research, educational, and recreational purposes of this Act. (b) Description of Preserve.--The Preserve shall consist of those Federal lands located in the Willamette and Mt. Hood National Forests in the State of Oregon that are generally depicted on the map dated August 1994, and entitled the ``Opal Creek Preserve Area''. The Preserve shall also include such lands as may be added under section 7 of this Act. The map referred to in this subsection shall be kept on file and made available for public inspection in the Office of the Chief of the Forest Service, United States Department of Agriculture. SEC. 5. ADMINISTRATION OF THE PRESERVE. (a) In General.--The Secretary shall administer the Preserve in accordance with this Act and with the laws, rules, and regulations applicable to National Forest System lands in a manner that will further the purposes of this Act. (b) Management Plan.--The Secretary shall prepare a comprehensive management plan for the Preserve to achieve the purposes of this Act. The management plan shall be considered to be a nonsignificant amendment to the Willamette and Mt. Hood Forest Land and Resource Management Plans. The management plan shall be prepared with public involvement which shall include consultation with interested individuals and organizations. The Secretary may enter into memoranda of understanding with interested parties to accomplish the purposes of this Act. The management plan shall include analysis and direction on the use of campfires within the Preserve. (c) Protection of Cultural and Historic Resources.--Not later than one year after the date of the enactment of this Act, the Secretary shall review and revise the inventory of the cultural and historic resources in the area covered by the Preserve, which was originally developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98- 328; 16 U.S.C. 1131 note). The Secretary shall submit a report to Congress describing the results of the review of such inventory. (d) Applicability of Mining, Mineral Leasing, and Disposal Laws.-- (1) Restriction.--After the date of the enactment of this Act-- (A) lands within the Preserve shall not be open to the location of mining claims and mill and tunnel sites under the general mining laws of the United States; (B) the Secretary shall not issue any lease under the Mineral Leasing Act (30 U.S.C. 181 and following) or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following) for lands within the Preserve; and (C) lands within the Preserve shall not be available for disposal of mineral materials under the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (2) Acquired lands.--The restriction provided by paragraph (1) shall also apply to any Federal lands added to the Preserve after the date of the enactment of this Act, except that the restriction shall apply to such lands only upon addition to the Preserve. (e) Private Inholdings.--The Secretary may cooperate with, and provide technical assistance to, private landowners, organizations, and other entities holding private lands within the boundaries of the Preserve to promote the use and management of such lands in a manner consistent with the purposes of this Act. SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE. (a) Prohibition on Logging or Other Timber Harvesting.-- (1) Prohibition.--Except as provided in paragraph (2), the cutting of trees in the Preserve is prohibited. (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the cutting of specific trees in the Preserve is necessary-- (A) for public safety, such as to control the spread of a forest fire in the Preserve or on lands adjacent to the Preserve; or (B) for administrative use related to activities permitted in the Preserve. (3) Limitation on exception.--The cutting of trees authorized under paragraph (2) may not include salvage sales or harvests of commercial quantities of timber in the Preserve. (4) Collection of downed wood.--The collection of downed wood for firewood by permit may be allowed in a manner consistent with the purposes of this Act. (b) Prohibition on Off Road Motorized Travel.-- (1) Prohibition.--Except as provided in paragraph (2) and subject to valid existing rights, the use of motor vehicles off or outside of the established roadbed of roads in the Preserve is prohibited. (2) Exception.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the use of a motor vehicle off or outside of the established roadbed of a road in the Preserve is necessary for administrative purposes or to respond to an emergency. (c) Prohibition on Use of Certain Roads.-- (1) Prohibition.--Except as provided in paragraph (2) and subject to valid existing rights, the use of motor vehicles is prohibited on the following roads located in the Preserve: (A) Forest road 2209 from the gate in existence on the date of the enactment of this Act eastward to the intersection of the road with the wilderness boundary. (B) Forest roads 290 and 330, which are spur roads to the road described in subparagraph (A). (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the use of the roads described in such paragraph is necessary for administrative purposes or to respond to an emergency. (3) Rule of construction.--Nothing in this subsection shall be construed to prohibit inholders and claim holders of valid mining claims from using the roads described in paragraph (1) for ingress and egress to their inholdings or valid mining claims, subject to such reasonable terms and conditions, consistent with the purposes of this Act, as the Secretary may prescribe. Nothing in this subsection shall be construed to prohibit motor vehicle traffic on other roads established in the Preserve, in particular those forest roads providing access for claim holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. (d) Prohibition on Road Construction.-- (1) Prohibition.--Except as provided in paragraph (2) and subsection (e), and subject to valid existing rights, the construction of new roads is prohibited in the Preserve. (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the construction of new roads, or the improvement of existing roads, in the Preserve is necessary to accomplish the purposes of this Act or to provide access to inholdings or for claim holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. The Secretary may maintain or improve roads in the Preserve to the extent the Secretary determines that such maintenance or improvements are necessary to accomplish the purposes of this Act, to provide for the protection of the natural resources of the Preserve, to provide for public safety, or to ensure access for inholders and claims holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. (3) Limitation on exception.--The construction or improvement of roads in the Preserve pursuant to paragraph (2) or subsection (e) may not include paving or any work beyond 50 feet on either side of the centerline of the road bed. (e) Utilities and Accompanying Road.--In compliance with applicable laws and the Willamette National Forest Land and Resource Management Plan, the Secretary may allow the installation and maintenance of power lines and water lines (and an accompanying service road) through the Preserve to serve authorized activities conducted on land within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND. (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary shall conduct an inventory of all non-Federal lands and interests in lands within the boundaries of the Preserve. The Secretary may acquire such inventoried lands (or interests in such lands) for inclusion in the Preserve. The Secretary may not acquire, for inclusion in the Preserve, any lands or interests in lands within the boundaries of the Preserve without the consent of the owner, unless the Secretary determines that the land is being developed or managed (or is proposed to be developed or managed) in a manner inconsistent with the purposes of this Act. Nothing in this Act may be construed to prevent the Secretary from increasing the size of the Preserve. (b) Special Rule for Santiam No. 1 Lode Mining Claim.-- Notwithstanding subsection (a), the parcel of real property located within the boundaries of the Preserve that is known as the Santiam No. 1 lode mining claim and identified in section 8140 of the Department of Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213), may be acquired by the Secretary only-- (1) by purchase for an amount equal to not more than the sum of-- (A) the amount that the original patentee of the parcel paid for the parcel; and (B) the cost of any improvements made to the parcel by the patentee; or (2) by donation. (c) Rights-of-Way.--Nothing in this section shall be construed to affect the authority of the Secretary to acquire road and trail rights- of-way on lands in the Preserve under existing authorities. (d) Access and Utilities to Inholdings.-- (1) In general.--In the case of private inholdings located within the boundaries of the Preserve, the Secretary shall authorize the use of Federal land in the Preserve by the holder of the inholding to assure adequate access to the inholding under applicable law. (2) Jawbone flats.--With respect to the inholding known as the Jawbone Flats area, the Secretary shall authorize the use of Federal land in the Preserve by the owners of the inholding to provide for access and utilities for a facility in the inholding if the Secretary determines that the facility (and use of the facility) is consistent with the purposes of this Act. (3) Terms and conditions.--The use of Federal land in the Preserve under this subsection shall be subject to such reasonable terms and conditions, consistent with the purposes of this Act, as the Secretary may prescribe. SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY. (a) Remediation Activities.--Nothing in this Act shall be construed to limit the authority of the Secretary or a responsible party to conduct environmental remediation activities in the Preserve in connection with the release, threatened release, or clean up of any hazardous substance or pollutant or contaminant, including response actions conducted pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (b) Liability.--Nothing in this Act shall be construed to limit the authority of the Secretary or a responsible party to address questions of liability related to the release, threatened release, or clean up of any hazardous substance or pollutant or contaminant in the Preserve. SEC. 9. GRANDFATHER CLAUSE. Nothing in this Act shall be construed to affect the operation of any timber sale contract entered into, or interfere with any activity for which a special use permit has been issued (and not revoked), before the date of the enactment of this Act, subject to the terms of the contract or permit. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve consisting of Federal lands in the Willamette and Mt. Hood National Forests, Oregon. Directs the Secretary of Agriculture to prepare a Preserve management plan. Prohibits, with specified exceptions: (1) mining, mineral, and geothermal leasing or dispositions; (2) logging or other timber harvesting; (3) off road motorized travel; and (4) road construction and the use of specified existing roads. Authorizes the Secretary to acquire private lands within the Preserve.

Opal Creek Forest Preserve Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Misclassification of Employees Act''. SEC. 2. PROCEDURES APPLICABLE TO DETERMINATIONS OF EMPLOYMENT STATUS. (a) Waiver of Employment Tax Liability for Reasonable Good Faith Misclassification Based on Common Law Rules.-- (1) In general.--Section 3509 of the Internal Revenue Code of 1986 (relating to determination of employer's liability for certain employment taxes) is amended by adding at the end the following new subsection: ``(e) Waiver of Employment Tax Liability for Reasonable Good Faith Misclassification Based on Common Law Rules.-- ``(1) In general.--For purposes of determining the liability of any taxpayer for employment taxes with respect to any individual for any period, such individual shall be deemed not to have been an employee of the taxpayer for such period if-- ``(A) the taxpayer did not treat such individual as an employee for purposes of the employment taxes for such period, ``(B) the taxpayer's treatment of such individual as not being an employee was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship, ``(C) all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period were filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, ``(D) the taxpayer (and any predecessor) did not treat any other individual holding a substantially similar position as an employee for purposes of the employment taxes for any period beginning after December 31, 1977, and ``(E) the taxpayer enters into a closing agreement under section 7121 with the Secretary (in the time and manner determined by the Secretary) agreeing to treat such individual, and any other individual holding a substantially similar position, as employees and to file all Federal employment tax returns with respect to such individuals on a basis consistent with the taxpayer's treatment of such individuals as employees. ``(2) Definition and special rules.-- ``(A) Employment tax.--For purposes of this subsection, the term `employment tax' means any tax imposed by this subtitle, including any interest, penalty, or additional amount with respect to such tax. ``(B) No refund or credit of overpayment.--No refund or credit of any overpayment of an employment tax resulting from the application of paragraph (1) shall be allowed, notwithstanding that the period for filing a claim for refund or credit of such overpayment is not barred on the effective date of this subsection. ``(3) Termination.--This subsection shall not apply if the closing agreement referred to in paragraph (1)(E) is entered into more than 1 year after the date of the enactment of this subsection.'' (2) Monitoring of closing agreement required.--The Secretary of the Treasury or his delegate shall monitor compliance with each closing agreement referred to in section 3509(e)(1)(E) of the Internal Revenue Code of 1986 (as added by this section) for not less than 5 years after the date such agreement is entered into. Such monitoring shall include not only monitoring the payments made to the individuals specified in the agreement but also the aggregate wages paid to employees and the aggregate payments to independent contractors for services. (b) Modifications to Safe Harbor for Classifications of Individuals as Nonemployees.-- (1) Requirement of reasonable basis.--Paragraph (1) of section 530(a) of the Revenue Act of 1978 (relating to controversies involving whether individuals are employees for purposes of the employment taxes) is amended by striking ``unless the taxpayer had no reasonable basis'' and inserting the following: ``if the taxpayer had a reasonable basis''. (2) Only recent employment tax audit is reasonable basis.-- (A) In general.--Paragraph (2) of section 530(a) of the Revenue Act of 1978 is amended-- (i) by striking the paragraph caption and inserting the following: ``Reasonable basis for not treating individual as employee.--'', (ii) in the matter preceding subparagraph (A)-- (I) by striking ``in any case'', and (II) by inserting ``only'' before ``if the taxpayer's'', and (iii) by striking subparagraph (B) and inserting the following new subparagraph: ``(B)(i) an Internal Revenue Service audit of the taxpayer-- ``(I) was conducted solely for employment tax purposes not more than 3 years before such period, and ``(II) included an examination for employment tax purposes of individuals holding positions substantially similar to the positions held by the individual involved, ``(ii) upon completion of such audit the taxpayer was notified in writing by the Internal Revenue Service that the treatment for employment tax purposes of the individuals referred to in clause (i)(II) was correct, and ``(iii) such notification is not revoked before such period; or''. (B) Conforming amendment.--Subparagraph (A) of section 530(e)(2) of the Revenue Act of 1978 (as amended by section 1121 of the Small Business Job Protection Act of 1996) is repealed. (c) Termination of Treatment of Certain Technical Personnel.-- Subsection (d) of section 530 of the Revenue Act of 1978 is repealed. (d) Authority for Regulations and Rulings on Employment Status.-- Subsection (b) of section 530 of the Revenue Act of 1978 is repealed. (e) Payors To Notify Service Providers of Consequences of Employment Status.-- (1) Section 6041 of such Code (relating to information at source) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Additional Information Required To Be Included on Statements Covering Payments for Services.--In the case of a statement required under subsection (d) with respect to any payment for services, such statement shall be treated as not satisfying the requirements of subsection (d) unless such statement includes the following information: ``(1) The payor is treating the payee as not being an employee and the payee may be liable for self-employment tax. ``(2) If the payee believes that he should properly be treated as an employee, an explanation of the procedure for obtaining Internal Revenue Service review of his status. ``(3) The payee will not be eligible for any employee fringe benefits and may lose protections or benefits under Federal laws relating to fair labor standards, occupational health and safety, civil rights, unemployment insurance, and worker's compensation. ``(4) An explanation of tax benefits to the self-employed such as retirement plans and deduction for a portion of the cost of health insurance.'' (2) Section 6041A of such Code (relating to returns regarding payments of remuneration for services and direct sales) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Additional Information Required To Be Included on Statements.--In the case of a statement required under subsection (e), such statement shall be treated as not satisfying the requirements of subsection (e) unless such statement includes the information specified in paragraphs (1) through (4) of section 6041(e).'' (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect beginning on the date which is 120 days after the date of the enactment of this Act. (2) Modifications to safe harbor; termination of treatment of technical personnel.--The amendments made by subsections (b) and (c) shall apply to periods ending on or after the date which is 120 days after the date of the enactment of this Act. SEC. 3. CLASSIFICATION OF INDIVIDUALS AS EMPLOYEES FOR PURPOSES OF UNEMPLOYMENT COMPENSATION PROGRAM. (a) Uniform Federal and State Definition of Employee.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to requirements for approval of State unemployment compensation laws) is amended by striking ``and'' at the end of paragraph (18), by redesignating paragraph (19) as paragraph (18), and by inserting after paragraph (18) the following new paragraph: ``(19) the determination of whether an individual is an employee of another person shall be made in accordance with section 3306(i); and''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 180th day after the date of the enactment of this Act. (2) Special rule.--In the case of any State the legislature of which has not been in session for at least 30 calendar days (whether or not successive) between the date of the enactment of this Act and such 180th day, the amendments made by this section shall take effect 30 calendar days after the 1st day on which such legislature is in session on or after such 180th day.

Misclassification of Employees Act - Amends the Internal Revenue Code to provide for the waiver of employment tax liability for employers for any period if: (1) the employer did not treat an individual as an employee for purposes of employment taxes; (2) the treatment of such individual was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship; (3) Federal tax returns for such period were filed on a basis consistent with the treatment of such individual as not being an employee; (4) the employer (and any predecessor) did not treat any other individual holding a substantially similar position as an employee for employment tax purposes after December 31, 1977; and (5) the employer enters into a closing agreement with, and monitored by, the Secretary of the Treasury with respect to treating such individual as an employee. Amends the Revenue Act of 1978 (relating to controversies involving whether individuals are employees for purposes of employment taxes) to require an employer to have a reasonable basis for not treating an individual as an employee. Requires the use of a recent prior audit as a reasonable basis. Excludes certain skilled technical personnel from such tax treatment. Removes the prohibition against regulations and rulings on employment status. Amends the Internal Revenue Code to set forth additional information to be included on statements covering payments for services. Provides for the determination of whether an individual is an employee of another person for purposes of unemployment compensation.

Misclassification of Employees Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flat Tax Act of 1995''. TITLE I--FLAT TAX SEC. 101. 15 PERCENT INCOME TAX RATE FOR INDIVIDUALS. Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 15 percent of the excess of the earned income of such individual for the taxable year over the standard exemption amount for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Standard exemption amount.-- ``(A) In general.--The term `standard exemption amount' means the sum of-- ``(i) the basic standard exemption, plus ``(ii) the additional standard exemption. ``(B) Basic standard exemption.--For purposes of subparagraph (A), the basic standard exemption is-- ``(i) $20,000 in the case of-- ``(I) a joint return, and ``(II) a surviving spouse (as defined in section 2(a)), ``(ii) $15,000 in the case of a head of household (as defined in section 2(b)), and ``(iii) $10,000 in the case of an individual-- ``(I) who is not married and who is not a surviving spouse or head of household, or ``(II) who is a married individual filing a separate return. ``(C) Additional standard exemption.--For purposes of subparagraph (A), the additional standard exemption is $5,000 for each dependent (as defined in section 152)-- ``(i) whose earned income for the calendar year in which the taxable year of the taxpayer begins is less than the basic standard exemption specified in subparagraph (B)(iii), or ``(ii) who is a child of the taxpayer and who-- ``(I) has not attained the age of 19 at the close of the calendar year in which the taxable year of the taxpayer begins, or ``(II) is a student who has not attained the age of 24 at the close of such calendar year. ``(D) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 1997, each dollar amount contained in subparagraphs (B) and (C) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment for the calendar year in which the taxable year begins. ``(ii) Cost-of-living adjustment.--For purposes of this subparagraph-- ``(I) In general.--The cost-of- living adjustment for any calendar year is the percentage (if any) by which the CPI for October of the preceding calendar year, exceeds the CPI for October of 1996. ``(II) CPI.--The term `CPI' means the last Consumer Price Index for all- urban consumers published by the Department of Labor. ``(iii) Rounding.--If the increase determined under this subparagraph is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. ``(2) Earned income.-- ``(A) In general.--Except as provided in subparagraph (B), the term `earned income' means-- ``(i) wages, salaries, and other employee compensation, ``(ii) the amount of the taxpayer's net earnings from self-employment for the taxable year, and ``(iii) the amount of dividends which are from a personal service corporation or which are otherwise directly or indirectly compensation for services. ``(B) Exceptions.--The term `earned income' does not include-- ``(i) any amount received as a pension or annuity, or ``(ii) any tip unless the amount of the tip is not within the discretion of the service- recipient.'' SEC. 102. TRANSITION RULE FOR HOME MORTGAGE INTEREST DEDUCTION. Section 1 of the Internal Revenue Code of 1986, as amended by section 2 of this Act, is amended-- (1) by striking subsection (a) and inserting the following new subsection: ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 15 percent of the excess of-- ``(1) the earned income of the taxpayer for the taxable year, over ``(2) the standard exemption amount and the excess qualified residence interest amount for such taxpayer for such year.'', and (2) in subsection (b), by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Excess qualified residence interest amount.--The excess qualified residence amount for any taxable year is equal to the excess (if any) of-- ``(A) the amount which would have been allowable as a deduction to the taxpayer for such year under section 163(h)(3), as in effect on the day before the effective date of the Flat Tax Act of 1995 (determined without regard to section 68 (as so in effect)), with respect to any indebtedness incurred on or before such day, over ``(B) one-half of the basic standard exemption for an individual for such year.'' SEC. 103. 15 PERCENT INCOME TAX RATE FOR BUSINESS ACTIVITIES. Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: ``SEC. 11. TAX IMPOSED. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity a tax equal to 15 percent of the business taxable income of such person. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.-- ``(1) In general.--For purposes of this section, the term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.--For purposes of paragraph (1), the term `gross active income' means gross income other than investment income. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) the compensation (including contributions to qualified retirement plans but not including other fringe benefits) paid for employees performing services in such activity, and ``(C) the cost of tangible personal and real property used in such activity. ``(2) Business inputs.--For purposes of subparagraph (A), the term `cost of business inputs' means-- ``(A) the actual amount paid for goods, services, and materials, whether or not resold during the taxable year, ``(B) the fair market value of business inputs brought into the United States, and ``(C) the actual cost, if reasonable, of travel and entertainment expenses for business purposes. Such term shall not include purchases of goods and services provided to employees or owners. ``(e) Carryover of Excess Deductions.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the amount of the deductions specified in subsection (d) for the succeeding taxable year (determined without regard to this subsection) shall be increased by the sum of-- ``(1) such excess, plus ``(2) the product of such excess and the 3-month Treasury rate for the last month of such taxable year.'' SEC. 104. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM INCOME FOR CORPORATIONS AND INDIVIDUALS. Chapter 1 of the Internal Revenue Code of 1986 is amended by striking out all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of corporate and individual income tax liability. SEC. 105. REPEAL OF ESTATE AND GIFT TAXES. Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. SEC. 106. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this title shall apply to taxable years beginning after December 31, 1996. (b) Repeal of Estate and Gift Taxes.--The repeal made by section 105 shall apply to estates of decedents dying, and transfers made, after December 31, 1996. (c) Technical and Conforming Changes.--The Secretary of the Treasury or the Secretary's delegate shall, as soon as practicable but in any event not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act. TITLE II--REDUCTIONS IN FEDERAL SPENDING SEC. 201. REDUCTIONS IN FEDERAL SPENDING. (a) Adjustment of Discretionary Caps.-- (1) Discretionary spending limits and direct spending balances.--Not later than 5 days after the date of enactment of this Act, the President shall reduce the discretionary spending limits under section 601 of the Congressional Budget Act of 1974 for each of the fiscal years 1996, 1997, and 1998 to reflect a reduction of 15 percent in budget authority and budget outlays for each fiscal year. (2) Adjustment of committee allocations.--Not later than 5 days after the date of enactment of this Act, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise levels under section 311(a) of the Congressional Budget Act of 1974 and adjust the committee allocations under section 602(a) of the Congressional Budget Act of 1974 to reflect the reductions required by paragraph (1). (b) Foreign Aid.--Notwithstanding subsection (a), the amount of budget authority provided under budget function 150 relating to United States assistance (as defined in section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)) for payments not required by law shall not exceed-- (1) for fiscal year 1996, 60 percent of the amount provided for fiscal year 1995; (2) for fiscal year 1997, 50 percent of the amount provided for fiscal year 1995; and (3) for fiscal year 1998, 40 percent of the amount provided for fiscal year 1995. (c) Freeze on Department of Defense.--Notwithstanding subsection (a), the amount of budget authority provided under budget function 050 (national defense) for payments not required by law for each of the fiscal years 1996, 1997, and 1998 shall not exceed the amount provided for fiscal year 1995. (d) No Reduction in the Administrative Expenses of the Social Security Administration and Medicare.--Notwithstanding subsection (a), the amount of budget authority provided for the administrative expenses of the Social Security Administration and medicare for payments not required by law for each of the fiscal years 1996, 1997, and 1998 shall not be reduced by reason of subsection (a). SEC. 202. REDUCTION IN DIRECT SPENDING. (a) Reduction.-- (1) In general.--Except as provided in paragraph (2), the level of direct spending for fiscal years 1996, 1997, and 1998 shall not exceed 85 percent of the level for fiscal year 1995. (2) Exception.--Paragraph (1) shall not apply to-- (A) social security; (B) medicare; and (C) veterans' programs. (b) Implementing Legislation.-- (1) Committee action.--Not later than September 1, 1995, the committees of the House of Representatives and Senate shall report legislation reducing the direct spending programs within their jurisdiction as required by subsection (a). (2) Enactment.--Not later than September 30, 1995, the Senate and the House of Representatives shall enact legislation complying with paragraph (1). SEC. 203. ELIMINATION OF THE INTERNAL REVENUE SERVICE. (a) Elimination of the Internal Revenue Service.--Effective January 1, 1997, the Internal Revenue Service is abolished. (b) Transfer of Functions.-- (1) Function defined.--For purposes of this subsection, the term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (2) Transfer to treasury.--The functions of the Internal Revenue Service are transferred to the Department of the Treasury. (3) Transfer to secretary.--The functions of the Commissioner of Internal Revenue shall be performed by the Secretary of the Treasury or the designee of the Secretary. (b) Amendment to the Internal Revenue Code of 1986.--Section 7802(a) of the Internal Revenue Code of 1986 is repealed. (c) References.--Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the Commissioner of Internal Revenue with regard to functions transferred under this subsection, shall be deemed to refer to the Secretary of the Treasury; and (2) the Internal Revenue Service with regard to functions transferred under this subsection, shall be deemed to refer to the Department of the Treasury. (d) Additional Conforming Amendments.-- (1) After consultation with the appropriate committees of the Congress, the Secretary of the Treasury shall prepare and submit to the Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this subsection. (2) Not later than 6 months after the effective date of this Act, the Secretary of the Treasury shall submit the recommended legislation referred to under paragraph (1).

TABLE OF CONTENTS: Title I: Flat Tax Title II: Reductions in Federal Spending Flat Tax Act of 1995 - Title I: Flat Tax - Amends the Internal Revenue Code to impose a 15 percent tax on the income of every individual. Establishes a basic standard exemption of $20,000 for a joint return and $10,000 for an individual return, with an additional $5,000 exemption for each dependent. Sets forth provisions for a transition rule for home mortgage interest deduction with respect to existing mortgages. Imposes on every person engaged in a business activity a tax equal to 15 percent of business taxable income. Repeals all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of corporate and individual income tax liability. Repeals estate, gift, and generation-skipping taxes. Title II: Reductions in Federal Spending - Directs the President to reduce the discretionary spending limits the Congressional Budget Act of 1974 for each of FY 1996 through 1998 to reflect a reduction of 15 percent in budget authority and budget outlays for each fiscal year. Specifies that notwithstanding the above, the amount of budget authority provided for foreign aid payments not required by law shall not exceed: (1) for FY 1996, 60 percent of the amount provided for FY 1995; (2) for FY 1997, 50 percent of the amount provided for FY 1995; and (3) for FY 1998, 40 percent of the amount provided for FY year 1995. Requires that notwithstanding discretionary spending limits above, the amount of budgetary authority provided for the Defense Department for payments not required by law for each of FY 1996 through 1998 shall not exceed the amount provided for FY 1995. Directs that the amount of budget authority provided for the administrative expenses of the Social Security Administration and Medicare for payments not required by law for each of FY 1996 through 1998 shall not be reduced. Provides that a reduction in the level of direct spending for FY 1996 through 1998 shall not exceed 85 percent of the level for FY 1995, except for: (1) Social Security; (2) Medicare; and (3) veterans's programs. Abolishes the Internal Revenue Service (IRS) and transfers the functions of the IRS to the Department of the Treasury. Transfers the functions of the IRS Commissioner to the Secretary of the Treasury.

Flat Tax Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Retaliation Options against Those Engaging in Cyberattacks Targeting the United States Act'' or ``PROTECT US Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Article XXI of the GATT 1994 (as such term is defined in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B))) allows a member of the World Trade Organization to take any action which such member considers necessary for the protection of such member's essential security interests. (2) Protecting the United States from malicious cyber- enabled activities is essential to the security interests of the United States. SEC. 3. IMPOSITION OF PENALTIES ON STATE-SPONSORS OF CYBERATTACKS. (a) In General.--The President is authorized to impose penalties described in subsection (c) with respect to each country on the list required by subsection (b). (b) List of State-Sponsors of Cyberattacks.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to Congress a list of countries designated as state-sponsors of cyberattacks pursuant to paragraph (2). (2) Countries designated.--If the President, in consultation with the Secretary of Homeland Security, the Secretary of Defense, the Attorney General, and the Chairman of the United States International Trade Commission, determines that the United States or a United States person has been targeted in a malicious cyber-enabled activity originating from, or directed by a person located, in whole or in substantial part, in a foreign country, and such activity is reasonably likely to result in, or have materially contributed to, a threat to the national security or foreign policy of the United States, or harmed the economic health or financial stability of the United States or a United States person, or has the purpose or effect of-- (A) harming or otherwise significantly compromising the provision of services by a computer or network of computers that support the United States or a United States person in a critical infrastructure sector, (B) significantly compromising the provision of services by the United States or a United States person in a critical infrastructure sector, (C) causing significant disruption to the availability of a computer or network of computers owned or operated by the United States or a United States person, or (D) causing a significant misappropriation of funds or economic resources, trade secrets, personally identifiable information, or financial information of the United States or a United States person, the President shall designate such country as a state-sponsor of cyberattacks. (3) Updates of list.--The President shall submit to Congress an updated list under paragraph (1) as new information becomes available. (c) Penalties.-- (1) Trade-related penalty.--The President may impose a duty, in addition to any other duty imposed, on any article or service imported directly or indirectly into the United States that is produced in whole or in part in a country that is included on the list of state-sponsors of cyberattacks required by subsection (b). (2) Other actions.--The President may take any of the following actions with respect to a country that is included on the list of state-sponsors of cyberattacks required by subsection (b): (A) A private demarche. (B) An official public demarche. (C) A public condemnation. (D) A public condemnation within one or more multilateral fora. (E) The delay or cancellation of one or more scientific exchanges. (F) The delay or cancellation of one or more cultural exchanges. (G) The denial of one or more working, official, or state visits. (H) The delay or cancellation of one or more working, official, or state visits. (I) The withdrawal, limitation, or suspension of United States development assistance under chapter 1 of part I of the Foreign Assistance Act of 1961. (J) Directing the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency to not approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participations in extensions of credit. (K) The withdrawal, limitation, or suspension of United States security assistance under part II of the Foreign Assistance Act of 1961. (L) Consistent with section 701 of the International Financial Institutions Act, directing the United States Executive Directors at international financial institutions to oppose and vote against loans primarily benefitting the country. (M) Ordering the heads of the appropriate United States agencies to not issue any (or a specified number of) specific licenses, and to not grant any other specific authority (or a specified number of authorities), to export any goods or technology to such country under-- (i) the Export Administration Act of 1979 (as continued in effect pursuant the International Emergency Economic Powers Act); (ii) the Arms Export Control Act; (iii) the Atomic Energy Act of 1954; or (iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or re- export of goods or services. (N) Prohibiting any United States financial institution from making loans or providing credits. (O) Prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods or services. (P) Suspension or withdrawal of extension of nondiscriminatory treatment to the products of the country pursuant to section 404 of the Trade Act of 1974. (Q) Ordering a trade embargo. (R) Ordering a cyber counterattack. (d) Removal From List.-- (1) In general.--A country may be removed from the list of state-sponsors of cyberattacks required by subsection (b) if-- (A) the President determines that the country no longer meets the requirements for designation as a state-sponsor of cyberattacks under subsection (b)(2); or (B) Congress enacts a law that provides for such removal. (2) Moratorium.-- (A) In general.--A country that has been removed from the list pursuant to paragraph (1)(B) may not be added back to the list by the President until at least the date that is one year after the date of such removal. (B) Rule of construction.--Nothing in this paragraph shall be construed as prohibiting Congress from adding a country that has been removed from the list pursuant to paragraph (1)(B) back to the list by a date that is earlier than the date described in subparagraph (A). (e) Definitions.--In this section: (1) Critical infrastructure sector.--The term ``critical infrastructure sector'' means any of the designated critical infrastructure sectors identified in Presidential Policy Directive 21. (2) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, government, or other organization. (3) List.--The term ``list'' means the list of state- sponsors of cyberattacks. (4) Misappropriation.--The term ``misappropriation'' means any taking or obtaining by improper means, without permission or consent, or under false pretenses. (5) Person.--The term ``person'' means a natural person or an entity. (6) United states person.--The term ``United States person'' shall be broadly construed to include but not be limited to any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), any governmental or quasi-governmental entity existing in the United States, or any other person in the United States.

Providing Retaliation Options against Those Engaging in Cyberattacks Targeting the United States Act or PROTECT US Act This bill directs the President to submit to Congress a list of countries designated as state-sponsors of cyberattacks. A country shall be so designated if the President determines that the United States or a U.S. person has been targeted in a cyber-enabled activity originating from or directed by a person located in a foreign country, and such activity is likely to result in or have contributed to a threat to U.S. national security or foreign policy, or harmed U.S. economic health or financial stability or a U.S. person, or has the purpose or effect of: harming or compromising the provision of services by a computer or network of computers that support the United States or a U.S. person in a critical infrastructure sector; compromising the provision of services by the United States or a U.S. person in a critical infrastructure sector; disrupting the availability of a computer or network of computers owned or operated by the United States or a U.S. person; or causing a misappropriation of funds or economic resources, trade secrets, personally identifiable information, or financial information of the United States or a U.S. person. The President may impose a trade-related penalty and take other actions, including assistance limitations, trade embargoes, and cyber counter attacks, with respect to a designated country. A country may be removed from the list of state-sponsors of cyberattacks if: (1) the President determines that it no longer meets the requirements for the designation, or (2) Congress enacts a law providing for such removal. A country that has been removed from the list by Congress may not be added back to the list by the President until at least one year after removal.

PROTECT US Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Autism Assistance Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) In February 2007, the Centers for Disease Control and Prevention released data indicating that-- (A) the occurrence of autism spectrum disorders (ASD) increased between 1996 and 2006 from an estimated 1 in 500 to an estimated 1 in 150; and (B) the behaviors of children who were classified as suffering from ASD were consistent with the DSM-IV- TR criteria for Autistic Disorder, Asperger's Disorder, and Pervasive Developmental Disorder--Not Otherwise Specified. (2) Autism is a complex neurological disorder that affects individuals in the areas of social interaction and communication. Because autism is a spectrum disorder, it affects each individual differently and to varying degrees of severity. (3) People afflicted with autism process and respond to information in unique ways. In some cases, coexisting medical issues may be present and aggressive or self-injurious behavior may occur. (4) The increased number of children diagnosed with autism is a growing and urgent concern for families, healthcare professionals, and educators. Health and education systems struggle to respond to the needs of the autistic population in a comprehensive manner. (5) The prevalence of autism in developing countries is growing rapidly. Health and education systems in these countries are particularly ill-equipped to deal with the issues surrounding this growth. According to expert estimates, there are approximately 2,500,000 people with an autism spectrum disorder in China and approximately 2,000,000 with such disorder in India. Although reliable statistics are difficult to come by, a large number of these people are believed to be children. (6) Children with autism who receive intensive and appropriate educational services before 5 years of age often make significant functional improvements. In the United States, significant efforts are being pursued to expand early diagnosis and the provision of these services. (7) In a November 2007 report on the identification, evaluation, and management of children with autism, the American Academy of Pediatrics recommended that all children should be screened twice for autism before 2 years of age, even if the children have no recognizable symptoms. (8) Early screening and services for autism are sorely lacking in most of the developing world. United States expertise could be used to significantly aid children and families in developing countries for relatively small costs. SEC. 3. AUTISM DEFINED. In this Act, the term ``autism'' means all conditions consistent with the autism spectrum disorders described in section 2(1). SEC. 4. GLOBAL AUTISM ASSISTANCE PROGRAM. (a) Establishment and Purpose.--The Administrator, United States Agency for International Development (referred to in this section as the ``Administrator'') shall establish and administer a health and education grant program, to be known as the ``Global Autism Assistance Program'', to-- (1) support activities described in subsection (c)(2) by nongovernmental organizations and other service providers, including advocacy groups, focused on treating autism in developing countries; and (2) establish the ``teach the teachers'' program described in subsection (d) to train health and education professionals working with children with autism in developing countries. (b) Designation of Eligible Regions.--Not later than 120 days after the date of the enactment of this Act, the Administrator, in consultation with knowledgeable autism organizations, such as the World Autism Organization, the Autism Society of America, and Autism Speaks, shall designate not fewer than 2 regions in developing countries that the Administrator determines-- (1) require assistance in dealing with autism; and (2) have health and education professionals who are sufficiently familiar with issues related to autism to make effective use of the Global Autism Assistance Program. (c) Selection of Implementing Nongovernmental Organization.-- (1) In general.--Not later than 180 days after the designation of eligible regions under subsection (b), the Administrator shall select and provide funding to a nongovernmental organization with experience in autism-related issues to implement the Global Autism Assistance Program by awarding grants to local service providers and advocacy groups focused on autism. (2) Support and assistance.--The implementing nongovernmental organization selected under paragraph (1) shall provide, contract for, and coordinate technical assistance in support of its mission in meeting the goals and purposes of this Act. (3) Activities.--A local service provider or advocacy group shall use grant funds received under paragraph (1) to carry out any of the following activities: (A) Education and outreach to the public.--Use public service announcements and other public media to help the public become more aware of the signs of autism so that children with autism can be diagnosed and treated earlier. (B) Support to families.--Develop resources for families, such as online Internet resource centers in local languages. Disseminate materials to parents of newly diagnosed children, such as information contained in the Centers for Disease Control and Prevention's publication entitled ``Learn the Signs, Act Early'' and other suitable alternatives. Disseminate educational aids and guides to help parents with their children's development. (C) Support to educational institutions.--Provide funding for schools or other educational institutions, focusing on teachers of the youngest students. Distribute equipment or materials referred to in subparagraph (B). (D) Support to clinics and medical centers.-- Provide funding to clinics and medical centers with proven records in addressing autism to assist with operating expenses, including personnel, equipment supplies, and facilities. Develop assessment testing for autism. Acquire specialized equipment, such as augmentative communication devices. (E) Translation.--Translate relevant English- language publications into the local languages spoken in the eligible regions designated pursuant to subsection (b). (4) Applications for grants.-- (A) Submission of applications.--A local service provider or advocacy group desiring a grant under this subsection shall submit an application to the implementing nongovernmental organization at such time, in such manner, and containing such information as such organization may require. (B) Establishment of screening board.-- (i) In general.--The implementing nongovernmental organization selected under paragraph (1) shall establish a screening board, to be known as the ``Project Advisory Board'', to review and evaluate applications from local service providers or advocacy groups submitted under subparagraph (A). (ii) Membership.-- (I) Appointment of voting members.--The implementing nongovernmental organization, in consultation with the Administrator, shall appoint at least 7 voting members of the Project Advisory Board who are members of autism advocacy groups, professionals working with autism, or otherwise associated with the autism community, including-- (aa) at least 2 parents from different families of individuals with autism; (bb) at least 1 medical professional working with autism; (cc) at least 1 teacher of individuals with autism; and (dd) at least 1 individual who has autism. (II) Terms.--Each member appointed under subclause (I)-- (aa) shall serve for a term of 1 year; (bb) may serve up to 3 consecutive terms; and (cc) may continue to serve after the expiration of the term of such member until such time as a successor is appointed. (III) Selection criteria.--In appointing members to the Project Advisory Board under subclause (I), the implementing nongovernmental organization shall attempt to-- (aa) ensure objectivity and balance; (bb) reduce the potential for conflicts of interest; and (cc) include individuals with experience working in the developing world. (IV) Appointment of non-voting members.--The Administrator shall appoint as many non-voting members to the Project Advisory Board as the Administrator determines appropriate. (d) Teach the Teachers.-- (1) In general.--The implementing nongovernmental organization, acting on behalf of the Administrator and in consultation with the Project Advisory Board, shall establish a program, to be known as the ``Teach the Teachers Program'', to-- (A) identify health and education professionals to receive specialized training for teaching and working with youth with autism, including training conducted in 2- or 3-day workshops at locations within 1 of the 2 regions designated pursuant to subsection (b); and (B) conduct training through 2- or 3-day biomedical conferences in the 2 regions designated pursuant to subsection (b), including-- (i) bringing medical and psychological specialists from the United States to train and educate parents and health professionals who deal with autism; (ii) training related to biomedical interventions that can affect autism; (iii) training on how nutrition and various metabolic issues can impact behavior; (iv) training on the role of applied behavioral analysis; and (v) various occupational and speech therapies in fighting autism. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section-- (1) $3,000,000 for fiscal year 2009; (2) $3,000,000 for fiscal year 2010; and (3) $4,000,000 for fiscal year 2011.

Global Autism Assistance Act of 2008 - Directs the Administrator for the United States Agency for International Development (USAID) to establish and administer a health and education grant program (Global Autism Assistance Program) to: (1) support activities by nongovernmental organizations and other service providers, including advocacy groups, focused on autism in developing countries; and (2) establish a "teach the teachers" program to train health and education professionals working with autistic children in developing countries.

A bill to establish a health and education grant program related to autism spectrum disorders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Mortgage Loan Modification Act of 2008''. SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS FOR CERTAIN RESIDENTIAL MORTGAGE LOANS. (a) Standard for Loan Modifications or Workout Plans.--Absent contractual provisions to the contrary-- (1) the duty to maximize, or to not adversely affect, the recovery of total proceeds from pooled residential mortgage loans is owed by a servicer of such pooled loans to the securitization vehicle for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties; and (2) a servicer of pooled residential mortgage loans shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and holders of beneficial interests in the pooled loans, in the aggregate, if for a loan that is in payment default under the loan agreement or for which payment default is imminent or reasonably foreseeable, the loan servicer makes reasonable and documented efforts to implement a modification or workout plan or, if such efforts are unsuccessful or such plan would be infeasible, engages in other loss mitigation, including accepting a short payment or partial discharge of principal, or agreeing to a short sale of the property, to the extent that the servicer reasonably believes the particular modification or workout plan or other mitigation actions will maximize the net present value to be realized on the loan, including over that which would be realized through foreclosure. (b) Safe Harbor.--Absent contractual provisions to the contrary, a servicer of a residential mortgage loan that acts in a manner consistent with the duty set forth in subsection (a), shall not be liable for entering into a qualified loan modification or workout plan, to-- (1) any person, based on that person's ownership of a residential mortgage loan or any interest in a pool of residential mortgage loans or in securities that distribute payments out of the principal, interest and other payments in loans on the pool; (2) any person who is obligated pursuant to a derivatives instrument to make payments determined in reference to any loan or any interest referred to in paragraph (1); or (3) any person that insures any loan or any interest referred to in paragraph (1) under any law or regulation of the United States or any law or regulation of any State or political subdivision of any State. (c) Rule of Construction.--No provision of this section shall be construed as limiting the ability of a servicer to enter into loan modifications or workout plans other than qualified loan modification or workout plans. (d) Definitions.--For purposes of this section, the following definitions shall apply: (1) Qualified loan modification or workout plan.--The term ``qualified loan modification or workout plan'' means a modification or plan that-- (A) is scheduled to remain in place until the borrower sells or refinances the property, or for at least 5 years from the date of adoption of the plan, whichever is sooner; (B) does not provide for a repayment schedule that results in negative amortization at any time; and (C) does not require the borrower to pay additional points and fees. (2) Negative amortization.--For purposes of paragraph (1), the term ``negative amortization'' does not include the capitalization of delinquent interest and arrearages. (3) Residential mortgage loan defined.--The term ``residential mortgage loan'' means a loan that is secured by a lien on an owner-occupied residential dwelling. (4) Securitization vehicle.--The term ``securitization vehicle'' means a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that-- (A) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (B) holds such loans. (e) Effective Period.--This section shall apply only with respect to qualified loan modification or workout plans initiated prior to January 1, 2011.

Emergency Mortgage Loan Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans. States that the servicer of such pooled loans owes a duty to the securitization vehicle to maximize recovery of proceeds for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties. Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer makes certain loss mitigation efforts for a loan in or facing payment default in the reasonable belief that the particular modification, workout plan, or other mitigation actions will maximize the net present value to be realized over that which would be realized through foreclosure. Declares that, absent contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons (including any person obligated pursuant to a derivatives instrument to make specified payments) for entering into a qualified loan modification or workout plan for loss mitigation purposes. Defines "qualified loan modification or workout plan" as one that: (1) is scheduled to remain in place until the borrower sells or refinances the property, or for at least five years from the date of adoption of the plan, whichever is sooner; (2) does not provide for a repayment schedule that results in negative amortization at any time; and (3) does not require the borrower to pay additional points and fees. States that, for purposes of a qualified loan modification or workout plan, negative amortization does not include capitalization of delinquent interest and arrearages. Defines "securitization vehicle" as a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that: (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such loans.

To remove an impediment to troubled debt restructuring on the part of holders of residential mortgage loans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reconnecting Congress with America Act of 2011''. SEC. 2. REDUCTION IN SALARIES OF MEMBERS OF CONGRESS IN RESPONSE TO FEDERAL BUDGET DEFICIT. (a) Determination of Salaries.--The annual rate of pay for a Member of Congress (including a Delegate or Resident Commissioner to the Congress) for pay periods occurring in a calendar year shall be equal to the following: (1) If, with respect to the most recent fiscal year ending before that calendar year, the Federal deficit was equal to or greater than 3 percent of the gross domestic product, 80% of the base rate applicable to the Member. (2) If, with respect to the most recent fiscal year ending before that calendar year, the Federal deficit was less than 3 percent of the gross domestic product, 90% of the base rate applicable to the Member. (3) If, with respect to the most recent fiscal year ending before that calendar year, there was no Federal deficit, 100% of the base rate applicable to the Member. (b) Federal Deficit.-- (1) Definition.--For purposes of this section, the term ``Federal deficit'' means, with respect to a fiscal year, the amount by which outlays of the Federal Government exceeded receipts of the Government for that fiscal year. (2) Report by secretary of the treasury.--Not later than 30 days after the end of each fiscal year (beginning with fiscal year 2011), the Secretary of the Treasury shall-- (A) make a determination of the gross domestic product for that fiscal year; (B) make a determination of whether a Federal deficit existed with respect to that fiscal year, and, if so, the amount of such Federal deficit; and (C) submit a report of such determinations to Congress. (c) Base Rate.--For purposes of this section, the ``base rate'' applicable to a Member of Congress means-- (1) in the case of the Speaker of the House of Representatives, $223,500; (2) in the case of the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, $193,400; and (3) in the case of any other Member of Congress, $174,000. (d) Conforming Amendment.--Section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed. (e) Effective Date.-- (1) In general.--This section and the amendments made by this section shall apply with respect to pay periods occurring on or after January 1, 2013. (2) Sense of congress regarding voluntary return of salary.--It is the sense of Congress that, during pay periods occurring after the date of enactment of this Act and prior to the date referred to in paragraph (1), each Member of Congress should voluntarily adjust the amount of the Member's salary to reflect the annual rates of pay that will take effect on such date. SEC. 3. RETIREMENT CONTRIBUTIONS FOR MEMBERS OF CONGRESS. (a) Civil Service Retirement System.-- (1) Member contribution.--Notwithstanding any provision of subsection (a)(1)(A) or (k)(1)(A) of section 8334 of title 5, United States Code, for any period beginning on or after date of enactment of this Act, the contributions payable by a Member of Congress under such provision for such period shall be equal to the percentage that would otherwise apply plus 4.9 percentage points. (2) Government contribution.--Notwithstanding any provision of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such title, for any period beginning on or after date of enactment of this Act, the contributions payable under such provision for a Member of Congress shall be equal to the percentage that would otherwise apply minus 4.9 percentage points. (b) Federal Employees' Retirement System.-- (1) Member contribution.--Notwithstanding any provision of section 8422(a) of title 5, United States Code, for any period beginning on or after date of enactment of this Act, the contributions payable by a Member of Congress under such provision for such period shall be equal to the percentage that would otherwise apply plus 4.9 percentage points. (2) Government contribution.--Notwithstanding any provision of section 8423 of such title, for any period beginning on or after date of enactment of this Act, the contributions payable under such provision for a Member of Congress shall be equal to the percentage that would otherwise apply (disregarding paragraph (1)) minus 4.9 percentage points. SEC. 4. PROHIBITING COMMODITIES AND SECURITIES TRADING BASED ON NONPUBLIC INFORMATION RELATING TO CONGRESS. (a) Nonpublic Information Relating to Congress and Other Federal Employees.-- (1) Commodities transactions.--Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is amended by adding at the end the following: ``(h) Nonpublic Information Relating to Congress.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling any commodity for future delivery or swap while such person is in possession of material nonpublic information, as defined by the Commission, relating to any pending or prospective legislative action relating to such commodity if-- ``(1) such information was obtained by reason of such person being a Member or employee of Congress; or ``(2) such information was obtained from a Member or employee of Congress, and such person knows that the information was so obtained. ``(i) Nonpublic Information Relating to Other Federal Employees.-- ``(1) Rulemaking.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling any commodity for future delivery or swap while such person is in possession of material nonpublic information derived from Federal employment and relating to such commodity if-- ``(A) such information was obtained by reason of such person being an employee of an agency, as such term is defined in section 551(1) of title 5, United States Code; or ``(B) such information was obtained from such an employee, and such person knows that the information was so obtained. ``(2) Material nonpublic information.--For purposes of this subsection, the term `material nonpublic information' means any information that an employee of an agency (as such term is defined in section 551(1) of title 5, United States Code) gains by reason of Federal employment and that such employee knows or should know has not been made available to the general public, including information that-- ``(A) is routinely exempt from disclosure under section 552 of title 5, United States Code, or otherwise protected from disclosure by statute, Executive order, or regulation; ``(B) is designated as confidential by an agency; or ``(C) has not actually been disseminated to the general public and is not authorized to be made available to the public on request.''. (2) Securities transactions.--Section 10 of the Securities Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at the end the following: ``(d) Nonpublic Information Relating to Congress.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling the securities or security based swaps of any issuer while such person is in possession of material nonpublic information, as defined by the Commission, relating to any pending or prospective legislative action relating to such issuer if-- ``(1) such information was obtained by reason of such person being a Member or employee of Congress; or ``(2) such information was obtained from a Member or employee of Congress, and such person knows that the information was so obtained. ``(e) Nonpublic Information Relating to Other Federal Employees.-- ``(1) Rulemaking.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling the securities or security based swaps of any issuer while such person is in possession of material nonpublic information derived from Federal employment and relating to such issuer if-- ``(A) such information was obtained by reason of such person being an employee of an agency, as such term is defined in section 551(1) of title 5, United States Code; or ``(B) such information was obtained from such an employee, and such person knows that the information was so obtained. ``(2) Material nonpublic information.--For purposes of this subsection, the term `material nonpublic information' means any information that an employee of an agency (as such term is defined in section 551(1) of title 5, United States Code) gains by reason of Federal employment and that such employee knows or should know has not been made available to the general public, including information that-- ``(A) is routinely exempt from disclosure under section 552 of title 5, United States Code, or otherwise protected from disclosure by statute, Executive order, or regulation; ``(B) is designated as confidential by an agency; or ``(C) has not actually been disseminated to the general public and is not authorized to be made available to the public on request.''. (b) Committee Hearings on Implementation.-- (1) In general.--The Committee on Agriculture of the House of Representatives shall hold a hearing on the implementation by the Commodity Futures Trading Commission of subsections (h) and (i) of section 4c of the Commodity Exchange Act (as added by subsection (a)), and the Committee on Financial Services of the House of Representatives shall hold a hearing on the implementation by the Securities Exchange Commission of subsections (d) and (e) of section 10 of the Securities Exchange Act of 1934 (as added by subsection (a)). (2) Exercise of rulemaking authority.--Paragraph (1) is enacted-- (A) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be considered as part of the rules of the House, and such rules shall supersede any other rule of the House only to the extent that rule is inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change such rules (so far as relating to the procedure in the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House. SEC. 5. SENSE OF CONGRESS REGARDING APPLICATION OF LAWS TO MEMBERS. It is the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals.

Reconnecting Congress with America Act of 2011 - Adjusts the annual rate of pay for Members of Congress for pay periods occurring in a calendar year if, for the most recent fiscal year ending before that calendar year, the federal deficit attained specified levels. Sets a Member's annual pay rate at: (1) 80% of the applicable base rate if the federal deficit was equal to or greater than 3% of the gross domestic product (GDP), (2) 90% of the applicable rate if the federal deficit was less than 3% of GDP, and (3) 100% of the applicable rate if there was no federal deficit. Amends the Legislative Reorganization Act of 1946 to eliminate any statutory pay adjustments for Members of Congress. Increases by 4.9% the contributions payable by a Member of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS). Establishes the federal contributions payable under CSRS and FERS for a Member equal to the percentage that would otherwise apply minus such 4.9% increase. Amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to direct both the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or congressional employee, (2) by reason of being a Member or congressional employee, or (3) from other federal employees and derived from their federal employment. Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Expresses the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals.

To reduce the salaries of Members of Congress if a Federal budget deficit exists, prohibit commodities and securities trading based on non-public information relating to Congress, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation and Economic Growth Act''. SEC. 2. AMENDMENTS TO THE BUDGET CONTROL ACT OF 2011. (a) Title Amendment.--The title heading of title IV of the Budget Control Act of 2011 (Public Law 112-25) is amended by inserting ``, JOB CREATION, AND ECONOMIC GROWTH'' after ``DEFICIT REDUCTION''. (b) Additional Duties of Joint Select Committee.--Section 401 of the Budget Control Act of 2011 (Public Law 112-25) is amended-- (1) in subsection (a)(1), by inserting ``, Job Creation, and Economic Growth'' after ``Deficit Reduction''; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``, Job Creation, and Economic Growth'' after ``Deficit Reduction''; (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``Goal'' and inserting ``Goals''; (ii) by striking ``goal'' and inserting ``goals''; and (iii) by inserting before the period ``and to spur economic growth and restore the Nation's workforce to full employment, which shall be defined by the Secretary of Labor not later than 14 days after the date of enactment of the Job Creation and Economic Growth Act, over the period of fiscal years 2012 and 2013''; (C) in paragraph (3)(A)(i), by inserting ``and significantly improve the short-term and long-term employment levels in the United States and spur economic growth'' before the period; (D) in paragraph (3)(A)(ii), by striking ``reduce the deficit consistent with the goal'' and inserting ``reduce the deficit and improve employment levels consistent with the goal''; (E) in paragraph (3)(B)-- (i) in the subparagraph heading, by striking ``Report'' and inserting ``Reports''; (ii) in clause (i)-- (I) by striking ``and'' at the end of subclause (I); (II) in subclause (II), by inserting ``with respect to deficit reduction'' after ``subclause (I)''; (III) by striking the period at the end of subclause (II) and inserting a semicolon; (IV) by inserting after subclause (II) the following new subclauses: ``(III) proposed legislative language to carry out such recommendations as described in subclause (I) with respect to job creation measures, which shall include a statement of the job creation achieved by the legislation over the period of fiscal years 2012 and 2013.''; and (iii) in clause (iv), by striking ``the joint committee report'' and inserting ``that joint committee report''; and (iv) in clause (v), by striking ``vote'' and inserting ``votes''; and (F) in paragraph (4)-- (i) in subparagraph (A), by striking ``12'' and inserting ``16''; (ii) in each of clause (i) through (iv) of subparagraph (B), by striking ``three'' each place it appears and inserting ``4''; and (iii) by adding at the end the following new subparagraph: ``(F) Subcommittee.--The joint committee shall appoint some of its members to a special subcommittee which shall make recommendations to the joint committee on measures to spur economic growth and restore the Nation's workforce to full employment over the period of fiscal years 2012 and 2013.''. (c) Conforming Amendments Relating to Expedited Consideration of Joint Committee Recommendations.--Section 402 of the Budget Control Act of 2011 (Public Law 112-25) is amended-- (1) in subsection (a)-- (A) by striking ``If approved by the majority'' and all that follows through ``section 401(b)(3)(B)(iv)'' and insert the following: ``(1) Approved deficit reduction legislative language.--If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language described in clause (i)(II) of section 401(b)(1)(B) and submitted pursuant to clause (iv) of such section''; and (B) by adding at the end the following: ``(2) Job creation legislative language.-- ``(A) If approved.--If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language described in clause (i)(III) of section 401(b)(1)(B) submitted pursuant to clause (iv) of such section shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. ``(B) If not approved.--If no legislative language described in subclause (III) of section 401(b)(1)(B)(i) is approved by the vote required by such section, then any such legislative language that was brought to a vote under such section shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``the joint committee bill'' each place it appears and inserting ``a joint committee bill''; and (ii) in the last sentence, by striking ``the joint committee bill'' and inserting ``that joint committee bill''; (B) in paragraph (2), in the first sentence, by striking ``the joint committee bill'' and inserting ``that joint committee bill''; and (C) in paragraph (3), by striking ``The joint committee bill'' and inserting ``A joint committee bill''; (3) in subsection (c)-- (A) in paragraphs (3) and (4), by striking ``the joint committee bill'' each place it appears and inserting ``a joint committee bill''; and (B) in paragraph (5), by striking ``the joint committee bill'' the first place it appears and inserting ``a joint committee bill''; (4) in subsection (d), by striking ``The joint committee bill'' and insert ``A joint committee bill''; (5) in subsection (e)(1) in the matter preceding subparagraph (A)-- (A) by striking ``before passing the joint'' and inserting ``before passing a joint''; and (B) by striking ``a joint committee bill'' and inserting ``a related joint committee bill''; (6) in subsection (f)(2)-- (A) by striking ``the joint committee bill'' the first place it appears and inserting ``a joint committee bill''; and (B) by striking ``receives the joint committee bill'' and inserting ``receives the related joint committee bill''; (7) in subsection (f)(3), by striking ``the joint committee bill'' and inserting ``a joint committee bill''; and (8) in subsection (g)-- (A) in paragraph (1), by inserting ``, in the case of a joint committee bill that was introduced pursuant to subsection (a)(1)'' before the semicolon; and (B) in paragraph (2), by inserting ``, in the case of any joint committee bill that was introduced pursuant to subsection (a)'' before the period. (d) Table of Contents Amendment.--In the table of contents in section 1(b) of the Budget Control Act of 2011, the item relating to title IV is amended to read as follows: ``TITLE IV--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION, JOB CREATION, AND ECONOMIC GROWTH''.

Job Creation and Economic Growth Act - Amends the Budget Control Act of 2011 to redesignate the Joint Select Committee on Deficit Reduction as the Joint Select Committee on Deficit Reduction, Job Creation, and Economic Growth. Adds as a goal of the joint committee spurring economic growth and restoring the nation's workforce to full employment over the period of FY2012 and FY2013. Revises the duties of the joint committee to require it to make recommendations that will significantly improve U.S. short-term and long-term employment levels and spur economic growth. Requires the joint committee, by November 23, 2011, to vote on proposed legislative language to carry out joint committee recommendations with respect to job creation measures, including a statement of job creation achieved by such legislation. Increases the number of members of the joint committee from 12 to 16. Directs the joint committee to appoint some of its members to a special subcommittee to make recommendations on measures to spur economic growth and restore the nation's workforce to full employment over the period of FY2012 and FY2013. Prescribes procedures for expedited congressional consideration of proposed joint committee job creation legislative language.

To amend the Budget Control Act of 2011 to require the joint select committee of Congress to report findings and propose legislation to restore the Nation's workforce to full employment over the period of fiscal years 2012 and 2013.

SECTION 1. SHORT TITLE. This Act may be cited as the ``PTSD/TBI Guaranteed Review For Heroes Act''. SEC. 2. SPECIAL REVIEW BOARD. (a) In General.--Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section: ``Sec. 1553a. Special review board for former members with post- traumatic stress disorder or traumatic brain injury ``(a) Establishment.--(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of a covered individual. The board shall be known as the `special review board'. ``(2) The special review board shall consist of not fewer than five members, at least one of whom shall be a health care professional from a field of medicine relevant to the matter being reviewed. ``(b) Review.--(1) Upon the request of a covered individual, Member of Congress, or the surviving spouse, next of kin, or legal representative of a covered individual, the special review board may review the discharge or dismissal of the individual. A request for review shall be made not later than 15 years after the discharge or dismissal. ``(2) The review by the special review board under paragraph (1) shall be based on-- ``(A) the records of the Armed Force concerned, including an evaluation of the actions of the covered individual before and after a deployment in support of a contingency operation; ``(B) the treatment or lack of treatment received by the covered individual for post-traumatic stress disorder or traumatic brain injury; and ``(C) such other evidence as may be presented to the board. ``(3) A covered individual who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38. ``(4) If the special review board reviews the discharge or dismissal of a covered individual, a service review agency may not review such discharge or dismissal. ``(5) If a Member of Congress requests the review of a covered individual under paragraph (1) and the special review board denies such request or does not change the discharge or dismissal of such individual under subsection (c), the special review board shall notify such Member of Congress of the decision and the rationale for such decision. ``(c) Actions.--As the result of a review of a covered individual under subsection (b), the special review board may change the discharge or dismissal of the individual to honorable. ``(d) Correction of Records.--The Secretary concerned shall correct the military records of a covered individual in accordance with a change made by the special review board under subsection (c). ``(e) Regulations.--(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense. ``(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section. ``(f) Definitions.--In this section: ``(1) The term `covered individual' means a former member of the Armed Forces who-- ``(A) was deployed in support of a contingency operation; ``(B) was discharged or dismissed from the Armed Forces under a general or other than honorable condition; and ``(C) has been diagnosed by a health care professional with post-traumatic stress disorder or a traumatic brain injury. ``(2) The term `health care professional' means a physician, clinical psychologist, or psychiatrist. ``(3) The term `Member of Congress' has the meaning given that term in section 1130(d)(1) of this title. ``(4) The term `service review agency' has the meaning given that term in section 1559(c) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 79 of title 10, United States Code, is amended by inserting after the item relating to section 1553 the following new item: ``1553a. Special review board for members with post-traumatic stress disorder or traumatic brain injury.''. SEC. 3. EXAMINATION AND EVALUATION OF MEMBERS WITH POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. (a) Referral to Physical Evaluation Board; Limits on Separation.-- Section 1145(a)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(C) If a physician, clinical psychologist, psychiatrist, or other appropriate health care professional determines in an examination under this paragraph that a member who was deployed in support of a contingency operation has (or may have) post-traumatic stress disorder or a traumatic brain injury, the Secretary concerned-- ``(1) shall refer the member for evaluation by a physical evaluation board under section 1222 of this title; and ``(2) may not separate the member from an Armed Force until the Secretary considers the results of the evaluation as provided in subsection (d) of such section.''. (b) Evaluation by Physical Evaluation Board.--Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Evaluation for Post-Traumatic Stress Disorder or Traumatic Brain Injury.--With respect to a member who is referred under section 1145(a)(4)(C) of this title to a physical evaluation board for evaluation-- ``(1) if the board determines that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of post-traumatic stress disorder or traumatic brain injury, the Secretary concerned shall retire or separate the member pursuant to this chapter; and ``(2) if the board determines that the member is fit to perform the duties of the member's office, grade, rank, or rating, the Secretary concerned shall take into account the findings of the board in the course of any separation of the member from an Armed Force.''.

PTSD/TBI Guaranteed Review for Heroes Act - Directs the Secretary of Defense to establish a special review board to review the discharge or dismissal (other than one by a sentence of a general court-martial) of a member of the Armed Forces who: (1) was deployed in support of a contingency operation; (2) was discharged or dismissed under a general or other than honorable condition; and (3) has been diagnosed by a health care professional with post-traumatic stress disorder (PTSD) or a traumatic brain injury (TBI). Authorizes the board to undertake a review upon the request of the individual, their surviving spouse, next of kin, or legal representative, or a Member of Congress. Requires a review request to be made within 15 years of a discharge or dismissal. Authorizes the board, after a review, to change the discharge or dismissal of the individual to honorable. Requires the Secretary of the military department concerned to correct the military records of the individual in accordance with such change. Requires, if an appropriate health care official determines in an examination that a member who was deployed in support of a contingency operation has (or may have) PTSD or a TBI, the Secretary concerned to: (1) refer the member for an evaluation by a physical evaluation board; and (2) not separate the member until after considering the results of the evaluation.

To amend title 10, United States Code, to direct the Secretary of Defense to establish a special review board for certain former members of the Armed Forces with post-traumatic stress disorder or a traumatic brain injury, and for other purposes.

SECTION 1. TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES. (a) In General.--Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``Subpart 6--Teachers Professional Development Institutes ``SEC. 2161. SHORT TITLE. ``This subpart may be cited as the `Teachers Professional Development Institutes Act'. ``SEC. 2162. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) Teaching is central to the educational process and the ongoing professional development of teachers in the subjects they teach is essential for improved student learning. ``(2) Attaining the goal of the No Child Left Behind Act of 2001 (Public Law 107-110)--having a classroom teacher who is highly effective in every academic subject the teacher teaches--will require innovative approaches to improve the effectiveness of teachers in the classroom. ``(3) The Teachers Institute Model focuses on the continuing academic preparation of schoolteachers and the application of what the teachers study to their classrooms and potentially to the classrooms of other teachers. ``(4) The Teachers Institute Model was developed initially by the Yale-New Haven Teachers Institute and has successfully operated in New Haven, Connecticut, for more than 30 years. ``(5) The Teachers Institute Model has also been successfully implemented in cities larger than New Haven. ``(6) In the spring of 2009, a report entitled `An Evaluation of Teachers Institute Experiences' concluded that-- ``(A) Teachers Institutes enhance precisely those teacher qualities known to improve student achievement; ``(B) Teachers Institutes exemplify the crucial characteristics of high-quality teacher professional development; and ``(C) Teachers Institute participation is strongly related to teacher retention in high-poverty schools. ``(b) Purpose.--The purpose of this subpart is to provide Federal assistance to support the establishment and operation of Teachers Institutes for local educational agencies that serve significant low- income student populations in States throughout the Nation, in order to-- ``(1) improve student learning; and ``(2) enhance the quality and effectiveness of teaching and strengthen the subject matter mastery and the pedagogical skills of current teachers through continuing teacher preparation. ``SEC. 2163. DEFINITIONS. ``In this subpart: ``(1) Significant low-income student population.--The term `significant low-income student population' means a student population of which not less than 40 percent of the students included are eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act. ``(2) Teachers institute.--The term `Teachers Institute' means a partnership or joint venture-- ``(A) between or among-- ``(i) 1 or more institutions of higher education; and ``(ii) 1 or more local educational agencies that serve 1 or more schools with significant low-income student populations; and ``(B) that improves the effectiveness of teachers in the classroom, and the quality of teaching and learning, through collaborative seminars designed to enhance both the subject matter and the pedagogical resources of the seminar participants. ``SEC. 2164. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants under this subpart in order to encourage the establishment and operation of Teachers Institutes. ``(b) Technical Assistance.--The Secretary may reserve not more than 50 percent of the funds appropriated to carry out this subpart to provide technical assistance to facilitate the establishment and operation of Teachers Institutes. The Secretary may contract with the Yale-New Haven Teachers Institute to provide all or part of the technical assistance under this subsection. ``(c) Selection Criteria.--In selecting Teachers Institutes to support through grants under this subpart, the Secretary shall consider-- ``(1) the extent to which a proposed Teachers Institute will serve schools that have significant low-income student populations; ``(2) the extent to which a proposed Teachers Institute will follow the understandings and necessary procedures described in section 2166; ``(3) the extent to which each local educational agency participating in the Teachers Institute has a high percentage of teachers who are unprepared or underprepared to teach the core academic subjects the teachers are assigned to teach; and ``(4) the extent to which a proposed Teachers Institute will receive a level of support from the community and other sources that will ensure the requisite long-term commitment for the success of a Teachers Institute. ``(d) Consultation.-- ``(1) In general.--In evaluating applications using the criteria under subsection (c), the Secretary may request the advice and assistance of the Yale-New Haven Teachers Institute or other Teachers Institutes. ``(2) State agencies.--If the Secretary receives 2 or more applications for grants under this subpart from local educational agencies within the same State, the Secretary shall consult with the State educational agency regarding the applications. ``(e) Fiscal Agent.--The fiscal agent for the receipt of grant funds under this subpart shall be an institution of higher education participating in the partnership or joint venture, as described in section 2163(2)(A), that is establishing or operating the Teachers Institute. ``(f) Limitations.--A grant under this subpart-- ``(1) shall provide grant funds for a period of not more than 5 years; and ``(2) shall be in an amount that is not more than 50 percent of the total costs of the eligible activities supported under the grant, as determined by the Secretary. ``SEC. 2165. ELIGIBLE ACTIVITIES. ``Grant funds under this subpart may be used-- ``(1) for the planning, development, establishment, and operation of a Teachers Institute; ``(2) for additional assistance to an established Teachers Institute for its further development and for its support of the planning, development, establishment, and operation of a Teachers Institute under paragraph (1); ``(3) for the salary and necessary expenses of a full-time director for a Teachers Institute to plan and manage the Teachers Institute and to act as a liaison between all local educational agencies and institutions of higher education participating in the Teachers Institute; ``(4) to provide suitable office space, staff, equipment, and supplies, and to pay other operating expenses, for the Teachers Institute; ``(5) to provide a stipend for teachers participating in the collaborative seminars conducted by the Institute in the sciences and humanities and to provide remuneration for members of the faculty of the participating institution of higher education leading the seminars; and ``(6) to provide for the dissemination, through print and electronic means, of curriculum units prepared in the seminars conducted by the Teachers Institute. ``SEC. 2166. UNDERSTANDINGS AND PROCEDURES. ``A grantee receiving a grant under this subpart shall abide by the following understandings and procedures: ``(1) Partnership.--The essential relationship of a Teachers Institute is a partnership between a local educational agency and an institution of higher education. A grantee shall demonstrate a long-term commitment on behalf of the participating local educational agency and institution of higher education to the support, including the financial support, of the work of the Teachers Institute. ``(2) Seminars.--A Teachers Institute sponsors seminars led by faculty of the institution of higher education partner and attended by teachers from the local educational agency partner. A grantee shall provide participating teachers the ability to play an essential role in planning, organizing, conducting, and evaluating the seminars and in encouraging the future participation of other teachers. ``(3) Curriculum unit.--A seminar described in paragraph (2) uses a collaborative process, in a collegial environment, to develop a curriculum unit for use by participating teachers that sets forth the subject matter to be presented and the pedagogical strategies to be employed. A grantee shall enable participating teachers to develop a curriculum unit, based on the subject matter presented, for use in the teachers' classrooms. ``(4) Eligibility and remuneration.--Seminars are open to all partnership teachers with teaching assignments relevant to the seminar topics. Seminar leaders receive remuneration for their work and participating teachers receive an honorarium or stipend upon the successful completion of the seminar. A grantee shall provide seminar leaders and participating teachers with remuneration to allow them to participate in the Teachers Institute. ``(5) Direction.--The operations of a Teachers Institute are managed by a full-time director who reports to both partners but is accountable to the institution of higher education partner. A grantee shall appoint a director to manage and coordinate the work of the Teachers Institute. ``(6) Evaluation.--A grantee shall annually review the activities of the Teachers Institute and disseminate the results to members of the Teachers Institute's partnership community. ``SEC. 2167. APPLICATION, APPROVAL, AND AGREEMENT. ``(a) In General.--To receive a grant under this subpart, a Teachers Institute, or a partnership or joint venture described in section 2163(2)(A) that is proposing to establish a Teachers Institute, shall submit an application to the Secretary that-- ``(1) meets the requirement of this subpart and any regulations under this subpart; ``(2) includes a description of how the applicant intends to use funds provided under the grant; ``(3) includes such information as the Secretary may require to apply the criteria described in section 2164(c); ``(4) includes measurable objectives for the use of the funds provided under the grant; and ``(5) contains such other information and assurances as the Secretary may require. ``(b) Approval.--The Secretary shall-- ``(1) promptly evaluate an application received for a grant under this subpart; and ``(2) notify the applicant, within 90 days of the receipt of a completed application, of the Secretary's determination. ``(c) Agreement.--Upon approval of an application, the Secretary and the applicant shall enter into a comprehensive agreement covering the entire period of the grant. ``SEC. 2168. REPORTS AND EVALUATIONS. ``(a) Report.--Each grantee under this subpart shall report annually to the Secretary on the progress of the Teachers Institute in achieving the purpose of this subpart. ``(b) Evaluation and Dissemination.--The Secretary shall evaluate the activities funded under this subpart and submit an annual report regarding the activities assisted under this subpart to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. The Secretary shall broadly disseminate successful practices developed by Teachers Institutes. ``(c) Revocation.--If the Secretary determines that a grantee is not making substantial progress in meeting the purposes of the grant by the end of the second year of the grant under this subpart, the Secretary may take appropriate action, including revocation of further payments under the grant, to ensure that the funds available under this subpart are used in the most effective manner. ``SEC. 2169. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for grants (including planning grants) and technical assistance under this subpart-- ``(1) $4,000,000 for fiscal year 2011; ``(2) $5,000,000 for fiscal year 2012; ``(3) $6,000,000 for fiscal year 2013; ``(4) $7,000,000 for fiscal year 2014; and ``(5) $8,000,000 for fiscal year 2015.''. (b) Table of Contents.--The table of contents of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2151 the following: ``subpart 6--teachers professional development institutes ``Sec. 2161. Short title. ``Sec. 2162. Findings and purpose. ``Sec. 2163. Definitions. ``Sec. 2164. Program authorized. ``Sec. 2165. Eligible activities. ``Sec. 2166. Understandings and procedures. ``Sec. 2167. Application, approval, and agreement. ``Sec. 2168. Reports and evaluations.''.

Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to: (1) award grants to encourage the establishment and operation of Teachers Institutes; and (2) provide technical assistance, all or some of which may be provided through the Yale-New Haven Teachers Institute, to assist local educational agencies (LEAs) and institutions of higher education (IHEs) in establishing and operating Teachers Institutes. Sets forth selection criteria, including consideration of the extent to which the proposed Institute will serve schools that have a significant low-income population. Defines a Teachers Institute as a partnership or joint venture between one or more IHEs and one or more LEAs serving one or more schools with significant low-income populations that is established to improve the quality of teaching and learning through collaborative seminars.

A bill to support the establishment and operation of Teachers Professional Development Institutes.

SECTION 1. LIVESTOCK ENERGY INVESTMENT CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 40A the following new section: ``SEC. 40B. RENEWABLE ENERGY PRODUCED FROM LIVESTOCK WASTE USING EPA- VERIFIED TECHNOLOGIES FOR THE COMPREHENSIVE ENVIRONMENTAL TREATMENT OF LIVESTOCK WASTE. ``(a) In General.--For purposes of section 38, the livestock- derived renewable energy production credit for any taxable year is an amount equal to the product of-- ``(1) $5.56, and ``(2) each million British thermal units (mmBtu) of livestock-derived renewable energy-- ``(A) produced by the taxpayer-- ``(i) from qualified energy feedstock, ``(ii) at a qualified facility during the 7-year period beginning on the date the facility was originally placed in service, and ``(iii) using an EPA-verified technology that provides comprehensive livestock waste treatment addressing significant reductions to nitrogen and phosphorus nutrient discharges, odor and air emissions including greenhouse gases and ammonia, methane, hydrogen sulfide and volatile organic compounds, and ``(B) either-- ``(i) sold by the taxpayer to an unrelated person during the taxable year, or ``(ii) used by the taxpayer during the taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Livestock-derived renewable energy.--The term `livestock-derived renewable energy' means fuel which is derived by processing qualified energy feedstock. ``(2) Qualified energy feedstock.-- ``(A) In general.--The term `qualified energy feedstock' means-- ``(i) manure of livestock (including any litter, wood shavings, straw, rice hulls, bedding material, and other materials incidentally collected with the manure), ``(ii) any nonhazardous, organic agricultural or food industry byproduct or waste material (cellulosic or otherwise) derived from-- ``(I) renewable biomass, ``(II) harvesting residue, ``(III) any waste or byproduct from fermentation processes, ethanol production, biodiesel production, slaughter of livestock, food production, food processing, or food service, or ``(IV) other organic wastes, byproducts, or sources, ``(iii) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes, and tree trimmings, or ``(iv) agricultural or forestry crops. ``(B) Renewable biomass.--The term `renewable biomass' means materials from pre-commercial thinning or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(i)(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce or contain disease or insect infestation, or ``(bb) to restore ecosystem health, ``(II) would not otherwise be used for higher-value products, and ``(III) are harvested in accordance with applicable law and land management plans and the requirements for-- ``(aa) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512), and ``(bb) large tree retention of subsection (f) of that section, or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material (such as feed grains, other agricultural commodities, other plants and trees, and algae), and ``(II) waste material (such as crop residue, other vegetative waste material (including wood waste and wood residues), animal waste and byproducts (including fats, oils, greases, and manure), food waste, and yard waste). ``(C) Livestock.--The term `livestock' includes poultry, cattle, sheep, swine, goats, horses, mules, and other equines. ``(3) Qualified facility.--The term `qualified facility' means a facility-- ``(A) which is owned by the taxpayer, ``(B) which is located in the United States, ``(C) which is originally placed in service before January 1, 2018, and ``(D) the livestock-derived renewable energy output of which is-- ``(i) marketed through interconnection with a gas distribution or transmission pipeline, or ``(ii) used on-site or off-site in a quantity that is sufficient to offset the consumption of at least 50,000 mmBtu annually of commercially marketed fuel derived from coal, crude oil, natural gas, propane, or other fossil fuel. ``(4) EPA-verified technology.--The term `EPA-verified technology' means any technology the performance of which is verified by the Environmental Technology Verification Program of the Environmental Protection Agency. ``(c) Reduction of Credit Based on Market Price of Btus.-- ``(1) In general.--If the market price per mmBtu's exceeds $11, the amount otherwise applicable under subsection (a)(1) for the taxable year (without regard to paragraph (1)) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount otherwise so applicable as such excess bears to $5. ``(2) Rounding.--Any reduction determined under subparagraph (A) which is not a multiple of 10 cents shall be rounded to the nearest multiple of 10 cents. ``(3) Market price.--For purposes of this paragraph, the market price per mmBtu for any taxable year shall be the daily average market price per mmBtu on the Chicago exchange during the 3-month period ending at the close of the preceding taxable year. ``(d) Special Rules.--For purposes of this section-- ``(1) Production attributable to the taxpayer.--In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the qualified facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such qualified facility. ``(2) Related persons.--Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling livestock-derived renewable energy to an unrelated person if such biogas is sold to such a person by another member of such group. ``(3) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(4) Coordination with credit from producing fuel from a nonconventional source.--The amount of livestock-derived renewable energy produced and sold or used by the taxpayer during any taxable year which is taken into account under this section shall be reduced by the amount of livestock-derived renewable energy produced and sold by the taxpayer in such taxable year which is taken into account under section 45K. ``(5) Credit eligibility in the case of government-owned facilities using poultry waste.--In the case of a facility using poultry waste to produce livestock-derived renewable energy and owned by a governmental unit, subparagraph (B) of subsection (b)(3) shall be applied by substituting `is leased or operated by the taxpayer' for `is owned by the taxpayer'. ``(e) Transferability of Credit.-- ``(1) In general.--A taxpayer may transfer the credit under this section through an assignment to any person. Such transfer may be revoked only with the consent of the Secretary. ``(2) Regulations.--The Secretary shall prescribe such regulations as necessary to ensure that any credit transferred under paragraph (1) is claimed once and not reassigned by such other person. ``(f) Adjustment Based on Inflation.-- ``(1) In general.--The $5.56 amount in subsection (a)(1) and the $11 amount in subsection (c)(2)(A) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ``(2) Computation of inflation adjustment factor.-- ``(A) In general.--The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor in accordance with this paragraph. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for calendar year 2007. The term `GDP implicit price deflator' means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year.''. (b) Credit Treated as Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the livestock-derived renewable energy production credit under section 40B(a).''. (c) Credit Allowed Against Amt.--Section 38(c)(4)(B) of such Code is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) the credit determined under section 40B.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 40A the following new item: ``Sec. 40B. Renewable energy produced from livestock waste using EPA- verified technologies for the comprehensive environmental treatment of livestock waste.''. (e) Effective Date.--The amendments made by this section shall apply to energy produced, and sold or used, in taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a business-related tax credit for: (1) the production of renewable energy from qualified energy feedstock using a technology verified by the Environmental Protection Agency (EPA); and (2) the sale or use of such energy. Defines "qualified energy feedstock" to include manure of livestock, any nonhazardous, organic agricultural or food industry byproduct or waste material derived from renewable biomass, solid wood waste materials, or agricultural or forestry crops. Allows such credit to offset alternative minimum tax (AMT) liability.

To amend the Internal Revenue Code of 1986 to provide for a livestock energy investment credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Medicare Reimbursement Demonstration Act of 1997''. SEC. 2. ESTABLISHMENT OF DEMONSTRATION PROJECT. (a) Authority.-- (1) In general.--The Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly carry out a demonstration project under which the Secretary of Health and Human Services provides the Department of Veterans Affairs with reimbursement, determined in accordance with section 3, from the medicare program for health care services provided to targeted medicare-eligible veterans in or through facilities of the Department of Veterans Affairs selected under subsection (b). (2) Duration.--The Secretaries shall conduct the demonstration project during the three-year period beginning on January 1, 1998. (3) Waiver of certain medicare requirements.--To the extent necessary to carry out the demonstration project, the Secretary of Health and Human Services may waive any requirement of part B of title XI of the Social Security Act, title XVIII of that Act, or a related provision of law. (b) Selection of Participating Facilities.-- (1) Designation of service areas covered.--The Secretary of Veterans Affairs shall designate up to three geographic service areas from which facilities are selected to participate in the demonstration project. (2) Facility selection.-- (A) In general.--The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a plan for the selection of facilities under the jurisdiction of the Secretary and located within a geographic service area designated under paragraph (1) to participate in the project. (B) General criteria.--The selection plan shall favor selection of those facilities that are suited to serve targeted medicare-eligible individuals because-- (i) there is a high potential demand by targeted medicare-eligible veterans for their services; (ii) they have sufficient capability in billing and accounting to participate; (iii) they have favorable indicators of quality of care, including patient satisfaction; and (iv) they meet other relevant factors identified in the plan. (C) Facility near closed base.--There shall be at least one facility selected that is in the same catchment area as a military medical facility which was closed pursuant to either of the following laws: (i) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (ii) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (c) Voluntary Participation.--Participation of targeted medicare- eligible veterans in the demonstration project shall be voluntary, subject to the capacity of participating facilities and the funding limitations specified in section 3. (d) Cost Sharing.--The Secretary shall establish cost-sharing requirements for veterans participating in the demonstration project. Those requirements shall be the same as the requirements that apply to targeted medicare-eligible patients at nongovernmental facilities. (e) Crediting of Payments.--Payments received by the Secretary under the demonstration project shall be credited to the applicable Department of Veterans Affairs medical appropriation. SEC. 3. DETERMINATION OF REIMBURSEMENT AMOUNTS. (a) Payments Based on 95 Percent of Regular Medicare Payment Rates.-- (1) In general.--Subject to the succeeding provisions of this section, the Secretary of Health and Human Services shall reimburse the Secretary of Veterans Affairs for services provided under the demonstration project at a rate equal to 95 percent of the amounts that otherwise would be payable under the medicare program on a non-capitated basis for such services if the facility were not a Federal facility, were participating in the program, and imposed charges for such services. In cases in which a payment amount may not otherwise be readily computed, the Secretaries shall establish rules for computing equivalent or comparable payment amounts. (2) Periodic payments from medicare trust funds.--Payments under this section shall be made-- (A) on a periodic basis consistent with the periodicity of payments under the medicare program; and (B) in appropriate part, as determined by the Secretary of Health and Human Services, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. (3) Annual limit on medicare payments.--The amount paid to the Department of Veterans Affairs under this section for any year for the demonstration project may not exceed $50,000,000. (b) Reduction in Payment for Failure to Maintain VA Effort.-- (1) In general.--In order to avoid shifting onto the medicare program the costs of the Department of Veterans Affairs for hospital care and medical services for targeted medicare-eligible veterans, the payment amounts under this section for the project for a year shall be reduced by the amount (if any) by which-- (A) the amount of the actual VA medical expenditures for targeted veterans (as defined in paragraph (3)) for the fiscal year ending in such year, is less than (B) the amount of the maintenance of effort level for such fiscal year, as determined under paragraph (2). (2) Maintenance of effort levels.--The maintenance of effort level for any fiscal year is the amount equal to the maintenance of effort level for the preceding fiscal year or, in the case of fiscal year 1998, the amount of VA medical expenditures for targeted veterans (as defined in paragraph (3)) for fiscal year 1997-- (A) increased or decreased by the same percentage as the percentage by which the amount of the medical care appropriation for the Department of Veterans Affairs for that fiscal year exceeds (or is less than, respectively) the amount of such appropriation for the preceding fiscal year; and (B) decreased by the amount of the decrease (if any) in VA medical expenditures for targeted veterans for that fiscal year (relative to the preceding fiscal year) that, as estimated by the Secretaries, results from-- (i) a rate of increase in the level of medical care appropriations for the Department of Veterans Affairs described in subparagraph (A) that is less than the general rate of increase in health care costs; and (ii) the reduction in priority in delivery of services to targeted medicare-eligible veterans attributable to the amendments made by title I of the Veterans' Health Care Eligibility Reform Act of 1996 (Public Law 104- 262; 110 Stat. 3177) and to implementation of the plan developed pursuant to section 429 of Public Law 104-204 (110 Stat. 2929). (3) VA medical expenditures for targeted veterans defined.--For purposes of this subsection, the term ``VA medical expenditures for targeted veterans'' means, with respect to a fiscal year, the amount expended by the Department of Veterans Affairs during the fiscal year for providing hospital care and medical services under chapter 17 of title 38, United States Code to targeted medicare-eligible veterans. Such amount does not include-- (A) expenditures for the conduct of medical examinations to adjudicate claims under such title, or (B) expenditures attributable to services for which reimbursement is made under the demonstration project. (c) Assuring No Increase in Cost to Medicare Program.-- (1) Monitoring impact on costs to medicare program.-- (A) In general.--The Secretaries, in consultation with the Comptroller General, shall closely monitor the expenditures made under the medicare program for targeted medicare-eligible veterans during the period of the demonstration project compared to the expenditures that would have been made for such veterans during that period if the demonstration project had not been conducted. (B) Auditing by the comptroller general.--Not later than December 31 of each year during which the demonstration project is conducted, the Comptroller General shall determine and submit to the Secretaries and the appropriate committees of Congress a report on the extent, if any, to which the costs of the Secretary of Health and Human Services under the medicare program increased during the preceding fiscal year as a result of the demonstration project. (2) Required response in case of increase in costs.-- (A) In general.--If the Secretaries find, based on paragraph (1), that the expenditures under the medicare program increased (or are expected to increase) during a fiscal year because of the demonstration project, the Secretaries shall take such steps as may be needed-- (i) to recoup for the medicare program the amount of such increase in expenditures; and (ii) to prevent any such increase in the future. (B) Steps.--Such steps-- (i) under subparagraph (A)(i) shall include payment of the amount of such increased expenditures by the Secretary from the current medical care appropriation of the Department of Veterans Affairs to the trust funds under the medicare trust program; and (ii) under subparagraph (A)(ii) shall include suspending or terminating the demonstration project (in whole or in part) or substitution of a lower percentage for 95 percent under subsection (a)(1). SEC. 4. EVALUATION AND REPORTS. (a) Annual Report by Independent Entity.-- (1) In general.--The Secretaries shall arrange for an independent entity with expertise in the evaluation of health services to conduct an ongoing evaluation of the demonstration project. (2) Annual reports.--The entity shall submit a report on the project jointly to the Secretaries and to the appropriate committees of the Congress not later than March 1 following each year during which the project is conducted. (3) Assessment.--Each such report shall include the results of the evaluation under subsection (a), including an assessment of each of the following: (A) The cost to the Department of Veterans Affairs of providing care to veterans under the project. (B) Compliance of participating facilities with applicable measures of quality of care, compared to such compliance for other medicare-participating facilities. (C) A comparison of the costs of facilities' participation in the program with the reimbursements provided for services of such facilities. (D) Any savings or costs to the medicare programs from the project. (E) Any change in access to care or quality of care for targeted medicare-eligible veterans participating in the project. (F) Any effect of the project on the access to care of veterans who did not participate in the project and of targeted medicare-eligible veterans. (b) Report on Extension and Expansion of Demonstration Project.-- Not later than six months after the date of the submission of the final report under subsection (a), the Secretaries shall submit to the Congress a report containing their recommendation as to-- (1) whether to extend the demonstration project or make it permanent; (2) whether to expand the project to cover additional sites and areas and to increase the maximum amount of reimbursement under the project in any year; and (3) whether the terms and conditions of the project should be continued (or modified) if the project is extended or expanded. (c) Recommendation Concerning New Demonstration Project for Payment to Managed Health-Care Plans.--Not later than March 1, 1999, the Secretaries shall submit to the appropriate committees of the Congress a report on the feasibility and advisability of establishing a new demonstration project to reimburse the Secretary of Veterans Affairs under section 1876(a) of the Social Security Act for health care services furnished to targeted medicare-eligible veterans enrolled in managed health-care plans established by the Secretary. SEC. 5. DEFINITIONS. For the purpose of this Act: (1) Demonstration project; project.--The terms ``demonstration project'' and ``project'' mean the demonstration project carried out under section 2(a). (2) Geographic service area.--The term ``geographic service area'' means a field component of the Veterans Health Administration that-- (A) is based on a geographic area which encompasses a population of veteran beneficiaries and is defined on the basis of natural patient referral patterns; and (B) provides health care through strategic alliances among Department of Veterans Affairs medical centers, clinics, and other sites. (3) Medicare program.--The term ``medicare program'' means the programs of health benefits provided under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (4) Secretary; secretaries.--Unless otherwise provided, the term ``Secretary'' means the Secretary of Veterans Affairs and the term ``Secretaries'' means the Secretary of Veterans Affairs and the Secretary of Health and Human Services acting jointly. (5) Targeted medicare-eligible veteran.--The term ``targeted medicare-eligible veteran'' means an individual-- (A) who is a veteran (as defined in section 101(2) of title 38, United States Code) described in section 1710(a)(3) of title 38, United States Code; (B) who is entitled to hospital insurance benefits under part A of the medicare program and enrolled in the supplementary medical insurance program under part B of the medicare program; and (C) whose annual income is an amount between the applicable income threshold under section 1722(b) of title 38, United States Code, and the amount equal to three times the amount of such applicable income threshold.

Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program (title XVIII of the Social Security Act) for health-care services provided to targeted Medicare-eligible veterans in or through selected VA medical centers. Provides for the waiver of certain Medicare requirements in order to carry out the project. Requires the VA Secretary to establish a plan for the selection of up to 12 medical centers located in geographically dispersed locations for project participation. Requires at least one medical center selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Authorizes the VA Secretary, in carrying out the demonstration project, to operate managed health care plans, either through the VA or public or private entities. Directs the Secretary to prescribe minimum health care benefits to be provided under such plans. Allows the Secretary to establish a managed health care plan only after: (1) reporting to the Congress a plan for the use of such centers and facilities; and (2) receiving from the VA Inspector General certain certifications relating to costs and conformity with health plan requirements. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility was not a Federal facility, was participating in the project, and imposed charges for such services. Excludes certain amounts from such computation. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million, of which no more than $10 million may be used for the conduct of the project through managed health care plans. Requires reductions in such payments when the amount of the actual VA effort level for targeted veterans for that fiscal year is less than the amount of the VA effort level for FY 1997. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual reports by the Comptroller General. Prohibits the VA Secretary from carrying out a demonstration project at a medical center until 30 days after reporting to the Congress on plans for the selection of appropriate centers. Requires: (1) an independent entity to conduct an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees; and (2) a report from the Secretaries to the Congress on possible project extension and expansion.

Veterans Medicare Reimbursement Demonstration Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Coverage Now Act of 2006''. SEC. 2. EXPEDITING LOW-INCOME SUBSIDIES UNDER THE MEDICARE PRESCRIPTION DRUG PROGRAM. (a) In General.--Section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114) is amended by adding at the end the following new subsection: ``(e) Expedited Application and Eligibility Process.-- ``(1) Expedited process.-- ``(A) In general.--The Secretary shall provide for an expedited process under this subsection for the qualification for low-income assistance under this section through a request by the Secretary to the Secretary of the Treasury as provided in subparagraphs (B) and (C) for information sufficient to identify whether the individual involved is likely eligible for subsidies under this section based on such information and the amount of premium and cost-sharing subsidies for which they would qualify based on such information. Such process shall be conducted in cooperation with the Commissioner of Social Security. ``(B) Opt in for newly eligible individuals.--Not later than 60 days after the date of the enactment of this subsection, the Secretary shall ensure that, as part of the Medicare enrollment process, enrolling individuals-- ``(i) receive information describing the low-income subsidy provided under this section; and ``(ii) are provided the opportunity to opt- in to the expedited process described in this subsection by giving consent for the Secretary to screen the beneficiary for eligibility for such subsidy through a request to the Secretary of the Treasury under section 6103(l)(7) of the Internal Revenue Code of 1986. ``(C) Transition for currently eligible individuals.--In the case of any part D eligible individual to which subparagraph (B) did not apply at the time of such individual's enrollment, the Secretary shall, as soon as practicable after implementation of subparagraph (B), request in writing that the Secretary of the Treasury disclose, pursuant to section 6103(l)(21) of the Internal Revenue Code of 1986, whether such individual has either filed no income tax return or whether such individual's income tax return indicates likely eligibility for the low-income subsidy provided under this section. ``(2) Notification of potentially eligible individuals.-- Under such process, in the case of each individual identified under paragraph (1) who has not otherwise applied for, or been determined eligible for, benefits under this section (or who has applied for and been determined ineligible for such benefits based only on excess resources), the Secretary shall send them a letter (using basic, uncomplicated language) containing the following: ``(A) Eligibility.--A statement that, based on the information obtained under paragraph (1), the individual is likely eligible for low-income subsidies under this section. ``(B) Amount of subsidies.--A description of the amount of premium and cost-sharing subsidies under this section for which the individual would likely be eligible based on such information. ``(C) Enrollment opportunity.--In case the individual is not enrolled in a prescription drug plan or MA-PD plan-- ``(i) a statement that-- ``(I) the individual has the opportunity to enroll in a prescription drug plan or MA-PD plan for benefits under this part, but is not required to be so enrolled; and ``(II) if the individual has creditable prescription drug coverage, the individual need not so enroll; ``(ii) a list of the prescription drug plans and MA-PD plans in which the individual is eligible to enroll; ``(iii) an enrollment form that may be used to enroll in such a plan by mail and that provides that if the individual wishes to enroll but does not designate a plan, the Secretary is authorized to enroll the individual in such a prescription drug plan selected by the Secretary; and ``(iv) a statement that the individual may also enroll online or by telephone, but, in order to qualify for low-income subsidies, the individual must complete the attestation described in subparagraph (D) or otherwise apply for such subsidies. ``(D) Attestation.--A one-page application form that provides for a signed attestation, under penalty of law, as to the amount of income and assets of the individual and constitutes an application for the low- income subsidies described in subparagraph (B). Such form-- ``(i) shall not require the submittal of additional documentation regarding income or assets; ``(ii) shall permit the appointment of a personal representative described in paragraph (6); and ``(iii) may provide for the specification of a language (other than English) that is preferred for subsequent communications with respect to the individual under this part. ``(E) Information on ship.--Information on how the individual may contact the State Health Insurance Assistance Program (SHIP) for the State in which the individual is located in order to obtain assistance regarding enrollment and benefits under this part. If a State is doing its own outreach to low-income seniors regarding enrollment and low-income subsidies under this part, such process shall be coordinated with the State's outreach effort. ``(3) Follow-up communications.--If the individual does not respond to the letter described in paragraph (2) either by making an enrollment described in paragraph (2)(C), completing an attestation described in paragraph (2)(D), or declining either or both, the Secretary shall make additional attempts to contact the individual to obtain such an affirmative response. ``(4) Hold-harmless.--Under such process, if an individual in good faith and the absence of fraud executes an attestation described in paragraph (2)(D) and is provided low-income subsidies under this section on the basis of such attestation, if the individual is subsequently found not eligible for such subsidies, there shall be no recovery made against the individual because of such subsidies improperly paid. ``(5) Use of authorized representative.--Under such process, with proper authorization (which may be part of the attestation form described in paragraph (2)(D)), an individual may authorize another individual to act as the individual's personal representative with respect to communications under this part and the enrollment of the individual under a prescription drug plan (or MA-PD plan) and for low-income subsidies under this section. ``(6) Use of preferred language in subsequent communications.--In the case an attestation described in paragraph (2)(D) is completed and in which a language other than English is specified under clause (iii) of such paragraph, the Secretary shall provide that subsequent communications to the individual under this part shall be in such language. ``(7) Construction.--Nothing in this subsection shall be construed as precluding the Secretary from taking additional outreach efforts to enroll eligible individuals under this part and to provide low-income subsidies to eligible individuals.''. (b) Transitional Disclosure of Return Information for Purposes of Providing Low-Income Subsidies Under Medicare.-- (1) In general.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(21) Transitional disclosure of return information for purposes of providing low-income subsidies under medicare.-- ``(A) In general.--The Secretary, upon written request from the Secretary of Health and Human Services under section 1860D-14(e)(1) of the Social Security Act for an individual described in subparagraph (C) of such section, shall disclose to officers and employees of the Department of Health and Human Services and the Social Security Administration with respect to a taxpayer for the applicable year-- ``(i)(I) whether the adjusted gross income, as modified in accordance with specifications of the Secretary of Health and Human Services for purposes of carrying out such section, of such taxpayer and, if applicable, such taxpayer's spouse, for the applicable year, exceeds the amounts specified by the Secretary of Health and Human Services as indicating likely eligibility for the low-income subsidy provided under section 1860D-14 of such Act, ``(II) whether the return was a joint return, and ``(III) the applicable year, or ``(ii) if applicable, the fact that there is no return filed for such taxpayer for the applicable year. ``(B) Definition of applicable year.--For the purposes of this paragraph, the term `applicable year' means the most recent taxable year for which information is available in the Internal Revenue Service's taxpayer data information systems, or, if there is no return filed for such taxpayer for such year, the prior taxable year. ``(C) Restriction on use of disclosed information.--Return information disclosed under this paragraph may be used only for the purposes of identifying eligible individuals for, and administering-- ``(i) low-income subsidies under section 1860D-14 of the Social Security Act, and ``(ii) the Medicare Savings Program implemented under clauses (i), (iii), and (iv) of section 1902(a)(10)(E) of such Act. ``(D) Termination.--Return information may not be disclosed under this paragraph after the date that is one year after the date of the enactment of this paragraph.''. (2) Confidentiality.--Paragraph (3) of section 6103(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (3) Procedures and recordkeeping related to disclosures.-- Paragraph (4) of section 6103(p) of such Code is amended by striking ``or (20)'' each place it appears and inserting ``(20), or (21)''. (4) Unauthorized disclosure or inspection.--Paragraph (2) of section 7213(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. SEC. 3. INCREASE IN PERMITTED RESOURCES TO OBTAIN LOW-INCOME SUBSIDIES. (a) Increase in Resource Limits.--Subparagraph (E) of section 1860D-14(a)(3) of the Social Security Act (42 U.S.C. 1395ww-114(a)(3)) is amended-- (1) in subclause (I), by striking ``for 2006'' and inserting ``for months in 2006 before the first day of the first month beginning after the date of the enactment of the Prescription Drug Now Act of 2006'' and by striking ``and'' at the end; (2) by redesignating subclause (II) as subclause (III); (3) by inserting after subclause (I) the following new subclause: ``(II) for months in 2006 beginning with the first month that begins after the date of the enactment of the Prescription Drug Now Act of 2006, $50,000 (or $100,000 in the case of the combined value of the individual's assets or resources and the assets or resources of the individual's spouse); and''; and (4) in the last sentence, by striking ``subclause (II)'' and inserting ``subclause (III)''. (b) Not Counting Value of Life Insurance as Resource.--Such section is further amended-- (1) in subparagraphs (D) and (E), by inserting ``, except as provided in subparagraph (G)'' after ``supplemental security income program''; and (2) by adding at the end the following new subparagraph: ``(G) Exclusion of life insurance in resources.-- For purposes of subparagraphs (D) and (E), the value of a life insurance policy shall not be counted as a resource for months beginning after the date of the enactment of this subparagraph.''. SEC. 4. WAIVER OF LATE ENROLLMENT PENALTY FOR SUBSIDY ELIGIBLE INDIVIDUALS FOR FIRST 24 MONTHS OF NON-ENROLLMENT. Section 1860D-13(b)(3)(B) of the Social Security Act (42 U.S.C. 1395w-113(b)(3)(B)) is amended by inserting before the period at the end the following: ``, except that in the case of a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)) the first 24 uncovered months shall not be counted''.

Prescription Coverage Now Act of 2006 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Service to provide for an expedited process for the qualification for low-income assistance through a request to the Secretary of the Treasury for tax return and other information sufficient to identify: (1) whether the individual involved is likely eligible for subsidies; and (2) the amount of premium and cost-sharing subsidies for which they would qualify based on such information. Increases the maximum permissible resource level for subsidy eligibility. Waives the late enrollment penalty for subsidy-eligible individuals for the first 24 months of non-enrollment.

To amend part D of title XVIII of the Social Security Act to assist low-income individuals in obtaining subsidized prescription drug coverage under the Medicare prescription drug program by expediting the application and qualification process, by increasing the maximum permissible resource level for eligibility for such subsidies, and by waiving any late enrollment penalty for the first 24 uncovered months.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Investment Account Act of 1999''. SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS. (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 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. INDIVIDUAL INVESTMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction an amount equal to the aggregate amount paid in cash for the taxable year by such individual to an individual investment account established for the benefit of such individual. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Individual investment account.--The term `individual investment account' means a trust created or organized in the United States for the exclusive benefit of an individual, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is in cash. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in any collectible (as defined in section 408(m)). ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution on the last day of a taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(c) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount distributed out of an individual investment account shall be included in gross income by the distributee unless such amount is part of a qualified 1st-time homebuyer distribution. ``(2) Qualified 1st-time homebuyer distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified 1st-time homebuyer distribution' means any payment or distribution received by a 1st-time homebuyer from an individual investment account to the extent such payment or distribution is used by the individual within 60 days to pay qualified acquisition costs with respect to a principal residence for such individual. ``(B) Dollar limitation.--The aggregate amount which may be treated as qualified 1st-time homebuyer distributions for all taxable years shall not exceed $15,000. ``(C) Basis reduction.--The basis of any principal residence described in subparagraph (A) shall be reduced by the amount of any qualified 1st-time homebuyer distribution. ``(D) Definitions.--For purposes of this paragraph-- ``(i) Qualified acquisition costs.--The term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ``(ii) 1st-time homebuyer.--The term `1st- time homebuyer' means any individual if such individual had no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this paragraph applies. ``(iii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(3) Transfer of account incident to divorce.--The transfer of an individual's interest in an individual investment account to his former spouse under a divorce decree or under a written instrument incident to a divorce shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest at the time of the transfer shall be treated as an individual investment account of such spouse and not of such individual. Thereafter such account shall be treated, for purposes of this subtitle, as maintained for the benefit of such spouse. ``(d) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--An individual investment account shall be exempt from taxation under this subtitle unless such account has ceased to be such an account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If, during any taxable year of the individual for whose benefit the individual investment account is established, that individual engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be an individual investment account as of the first day of that taxable year. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be an individual investment account by reason of subparagraph (A) on the first day of any taxable year, paragraph (1) of subsection (c) shall be applied as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, an individual for whose benefit an individual investment account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to that individual. ``(4) Rollover contributions.--Paragraph (1) shall not apply to any amount paid or distributed out of an individual investment account to the individual for whose benefit the account is maintained if such amount is paid into another individual investment account for the benefit of such individual not later than the 60th day after the day on which he receives the payment or distribution. ``(e) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2000, the dollar amount contained in subsection (c)(2)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `1999' for `1989' in subparagraph (B) thereof. ``(2) Rounding.--If any dollar amount (as increased under paragraph (1)) is not a multiple of $10, such dollar amount shall be increased to nearest multiple of $10 (or, if such dollar amount is a multiple of $5 and not of $10, such dollar amount shall be increased to next higher multiple of $10). ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an individual investment account described in subsection (b). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(g) Reports.--The trustee of an individual investment account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by adding after paragraph (17) the following new paragraph: ``(18) Individual investment account contributions.--The deduction allowed by section 222 (relating to individual investment accounts).'' (c) Individual Investment Accounts Exempt From Estate Tax.--Part III of subchapter A of chapter 11 of such Code is amended by redesignating section 2046 as section 2047 and by inserting after section 2045 the following new section: ``SEC. 2046. INDIVIDUAL INVESTMENT ACCOUNTS. ``Notwithstanding any other provision of law, there shall be excluded from the value of the gross estate the value of any individual investment account (as defined in section 222(b)). Section 1014 shall not apply to such account.'' (d) Nonrecognition of Gain on Sale of Principal Residence Where Amount Equal to Otherwise Taxable Gain Deposited Into Individual Investment Account.--Part III of subchapter B of chapter 1 of such Code is amended by inserting after section 121 the following new section: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE IF REINVESTMENT IN INDIVIDUAL INVESTMENT ACCOUNT. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 3 years or more. ``(b) Limitation.--The amount of gain excluded from gross income under subsection (a) shall not exceed the amount paid in cash (during the 1-year period beginning on the date of the sale or exchange) to an individual investment account (as defined in section 222(b)) established for the benefit of the taxpayer or his spouse. ``(c) Certain Rules On Ownership and Use To Apply.--Rules similar to the rules of section 121(d) shall apply for purposes of determining ownership and use under this section.'' (e) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for individual investment accounts.--An individual for whose benefit an individual investment account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an individual investment account by reason of the application of section 222(d)(2)(A) to such account.''; and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G) and by inserting after subparagraph (E) the following new subparagraph: ``(F) an individual investment account described in section 222(b), or''. (f) Failure To Provide Reports on Individual Investment Accounts.-- Section 6693(a)(2) of such Code (relating to failure to provide reports on individual retirement account or annuities) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) section 222(g) (relating to individual investment accounts).'' (g) Adjustment of Basis of Residence Acquired Through Use of Account.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 222(c)(2)(C), in the case of a residence the acquisition of which was made in whole or in part with funds from an individual investment account.'' (h) Clerical Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 121 the following new item: ``Sec. 121A. Exclusion of gain from sale of principal residence if reinvestment in individual investment account.'' (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Individual investment accounts. ``Sec. 223. Cross reference.'' (3) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2046 and inserting the following new items: ``Sec. 2046. Individual investment accounts. ``Sec. 2047. Disclaimers.'' (i) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999.

Exempts such accounts from estate tax. Excludes from gross income gain from the sale or exchange of property if, during the five-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as a principal residence for periods aggregating three years or more. Limits such exclusion to the amount paid to an individual investment account during the one-year period beginning on the date of the sale or exchange. Provides for adjusting the basis of a residence acquired through the use of an individual investment account.

Individual Investment Account Act of 1999

SECTION 1. PURPOSES. The purposes of this Act are as follows: (1) To grow the number of highly accomplished recent college graduates teaching in underserved urban and rural communities in the United States. (2) To increase the number of school districts and communities served by a nationally recruited corps of outstanding new teachers. (3) To build a broader pipeline of talented and experienced future leaders in public education and education reform. SEC. 2. DEFINITIONS. In this Act: (1) In general.--The terms ``highly qualified'', ``local educational agency'', and ``Secretary'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Grantee.--The term ``grantee'' means Teach For America, Inc. (3) High need.--The term ``high need'', when used with respect to a local educational agency, means a local educational agency experiencing a shortage of highly qualified teachers. SEC. 3. GRANT PROGRAM AUTHORIZED. The Secretary is authorized to award a grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for 2 years in underserved communities in the United States, to implement and expand its program of recruiting, selecting, training, and supporting new teachers. SEC. 4. GRANT REQUIREMENTS. In carrying out the grant program under section 3, the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds provided under this Act-- (1) to provide highly qualified teachers to high need local educational agencies in urban and rural communities; (2) to pay the cost of recruiting, selecting, training, and supporting new teachers; and (3) to serve a substantial number and percentage of underserved students. SEC. 5. AUTHORIZED ACTIVITIES. (a) In General.--Grant funds provided under this Act shall be used by the grantee to carry out each of the following activities: (1) Recruiting and selecting teachers through a highly selective national process. (2) Providing preservice training to the teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education coursework and theory. (3) Placing the teachers in schools and positions designated by partner local educational agencies as high need placements serving underserved students. (4) Providing ongoing professional development activities for the teachers' first 2 years in the classroom, including regular classroom observations and feedback, and ongoing training and support. (b) Limitation.--The grantee shall use all grant funds received under this Act to support activities related directly to the recruitment, selection, training, and support of teachers as described in subsection (a). SEC. 6. EVALUATION. (a) Annual Report.--The grantee shall provide to the Secretary an annual report that includes-- (1) data on the number and quality of the teachers provided to local educational agencies through a grant under this Act; (2) an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and (3) comprehensive data on the background of the teachers chosen, the training the teachers received, the placement sites of the teachers, the professional development of the teachers, and the retention of the teachers. (b) Study.-- (1) In general.--The Secretary shall provide for a study that examines the achievement levels of the students taught by the teachers assisted under this Act. (2) Achievement gains compared.--The study shall compare, within the same schools, the achievement gains made by students taught by teachers who are assisted under this Act with the achievement gains made by students taught by teachers who are not assisted under this Act. (3) Requirements.--The Secretary shall provide for such a study not less than once every 3 years, and each such study shall include multiple placement sites and multiple schools within placement sites. (4) Peer review standards.--Each such study shall meet the peer review standards of the education research community. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2006 and an amount not to exceed $25,000,000 for each succeeding fiscal year.

Authorizes the Secretary of Education to award a grant to Teach For America, Inc. to implement and expand its program of recruiting, selecting, training, and supporting new teachers.

A bill to provide for recruiting, selecting, training, and supporting a national teacher corps in underserved communities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivor Benefits Improvement Act of 2013''. SEC. 2. EXTENSION OF INITIAL PERIOD FOR INCREASED DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES WITH CHILDREN. Section 1311(f)(2) of title 38, United States Code, is amended by striking ``two-year'' and inserting ``five-year''. SEC. 3. ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION, HEALTH CARE, AND HOUSING LOANS FOR SURVIVING SPOUSES WHO REMARRY AFTER AGE 55. Subparagraph (B) of section 103(d)(2) of title 38, United States Code, is amended to read as follows: ``(B) The remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran.''. SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA. (a) In General.--Subchapter III of chapter 18 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1822. Benefits for children of certain Thailand service veterans born with spina bifida ``(a) Benefits Authorized.--The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. ``(b) Spina Bifida Conditions Covered.--This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta. ``(c) Veteran of Covered Service in Thailand.--For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who-- ``(1) served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and ``(2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand. ``(d) Herbicide Agent.--For purposes of this section, the term `herbicide agent' means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975.''. (b) Clerical Amendments.-- (1) Subchapter heading.--The heading for subchapter III of chapter 18 of such title is amended by inserting ``AND THAILAND'' after ``KOREA''. (2) Table of sections.--The table of sections at the beginning of chapter 18 of such title is amended-- (A) by striking the item relating to subchapter III and inserting the following new item: ``subchapter iii--children of certain korea and thailand service veterans born with spina bifida''; and (B) by inserting after the item relating to section 1821 the following new item: ``1822. Benefits for children of certain Thailand service veterans born with spina bifida.''. SEC. 5. PILOT PROGRAM ON GRIEF COUNSELING IN RETREAT SETTINGS FOR SURVIVING SPOUSES OF VETERANS WHO DIE WHILE SERVING ON ACTIVE DUTY IN THE ARMED FORCES. (a) Pilot Program Required.-- (1) In general.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out, through the Readjustment Counseling Service of the Veterans Health Administration, a pilot program to assess the feasibility and advisability of providing grief counseling services described in subsection (b) in group retreat settings to surviving spouses of veterans who die while serving on active duty in the Armed Forces. (2) Participation at election of surviving spouse.--The participation of a surviving spouse in the pilot program under this section shall be at the election of the surviving spouse. (b) Covered Services.--The services provided to a surviving spouse under the pilot program shall include the following: (1) Information and counseling on coping with grief. (2) Information about benefits and services available to surviving spouses under laws administered by the Secretary. (3) Such other information and counseling as the Secretary considers appropriate to assist a surviving spouse under the pilot program with adjusting to the death of a spouse. (c) Locations.--The Secretary shall carry out the pilot program at not fewer than six locations as follows: (1) Three locations at which surviving spouses with dependent children are encouraged to bring their children. (2) Three locations at which surviving spouses with dependent children are not encouraged to bring their children. (d) Duration.--The pilot program shall be carried out during the two-year period beginning on the date of the commencement of the pilot program. (e) Reports.-- (1) In general.--Not later than 180 days after the completion of the first year of the pilot program and not later than 180 days after the completion of the pilot program, the Secretary shall submit to Congress a report on the pilot program. (2) Contents.--Each report submitted under paragraph (1) shall contain the findings and conclusions of the Secretary as a result of the pilot program, and shall include such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (f) Definitions.--In this section, the terms ``active duty'', ``surviving spouse'', and ``veteran'' have the meanings given such terms in section 101 of title 38, United States Code.

Survivor Benefits Improvement Act of 2013 - Allows dependency and indemnity compensation (DIC) paid through the Department of Veterans Affairs (VA) to the surviving spouses of veterans to be increased for months occurring during the five-year (under current law, two-year) period beginning on the date of entitlement. Provides that the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of VA DIC, health care, educational assistance, and housing loans. Authorizes the Secretary of Veterans Affairs to provide, to any spina bifida-affected child of a veteran who served on active duty in Thailand beginning on January 9, 1962, and ending on May 7, 1975, and was exposed to a herbicide agent during such service, the same health care, vocational training and rehabilitation, and monetary allowance required to be paid to a similarly-affected child of a Vietnam veteran. Directs the Secretary to carry out a two-year pilot program to assess the feasibility and advisability of providing grief counseling services for the surviving spouses of veterans who die while serving on active duty.

Survivor Benefits Improvement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Protection Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) the willingness of volunteers to offer their services is deterred by potential for liability actions against them and the organizations they serve; (2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; and (4) because Federal funds are expended on useful and cost- effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation. (b) Purpose.--The purpose of this Act is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide protection from personal financial liability to volunteers serving nonprofit organizations and governmental entities for actions undertaken in good faith on behalf of such organizations. SEC. 3. PREEMPTION. This Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional incentives or protections to volunteers, or category of volunteers. SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. (a) Liability Protection for Volunteers.--Except as provided in subsections (b) and (d), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if-- (1) the volunteer was acting within the scope of his or her responsibilities in the nonprofit organization or governmental entity at the time of the act or omission; (2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State undertaken within the scope of his or her responsibilities in the nonprofit organization or governmental entity; and (3) the harm was not caused by willful and wanton misconduct by the volunteer. (b) Concerning Responsibility of Volunteers With Respect to Organizations.--Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (c) No Effect on Liability of Organization.--Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person. (d) Exceptions to Volunteer Liability Protection.--If the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this Act: (1) A State law that requires the organization or entity to adhere to risk management procedures, including mandatory training of volunteers. (2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees. (3) A State law that the limitation of liability does not apply if the volunteer was operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or vehicle owner to possess an operator's license or to maintain insurance. (4) A State law that the limitation of liability does not apply if the civil action was brought by an officer of a State or local government pursuant to State or local law. (5) A State law that the limitation of liability shall apply only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``economic losses'' means objectively verifiable monetary losses, including past and future medical expenses, loss of past and future earnings, cost of obtaining replacement services in the home (including child care, transportation, food preparation, and household care), cost of making reasonable accommodations to a personal residence, loss of employment, and loss of business or employment opportunities; (2) the term ``harm'' includes physical, nonphysical, economic, and noneconomic losses; (3) the term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature; (4) the term ``nonprofit organization'' means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (5) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession; and (6) the term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive-- (A) compensation (other than reimbursement or allowance for expenses actually incurred); or (B) any other thing of value in lieu of compensation, in excess of $300 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer. SEC. 6. EFFECTIVE DATE. This Act applies to any claim for harm caused by an act or omission of a volunteer filed on or after the date of enactment of this Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such date of enactment.

Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity.

Volunteer Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ronald Reagan Memorial Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Ronald Reagan is an American hero deserving of recognition by this and future generations of Americans and visitors from around the world. (2) As President, Ronald Reagan initiated policies that won the Cold War, protected and restored freedom and democracy around the globe, lowered taxes on American citizens, tamed the economic threats of inflation and economic stagnation, and ushered in an unprecedented era of peace and prosperity across the Nation, and his contributions merit permanent memorialization. (3) The legacies of Ronald Reagan include restoring faith in our system of democracy and capitalism, returning pride in being an American, and renewing the honor and decency of the American Presidency, and are deserving of national recognition. (4) The contributions of former President Ronald Reagan, and his status as a preeminent twentieth-century American statesman and one of the greatest American Presidents, merit and require a permanent memorialization alongside the other great American leaders memorialized on the Mall in the District of Columbia. SEC. 3. AUTHORIZATION OF RONALD REAGAN MEMORIAL; LOCATION AND DESIGN. (a) Authorization of Ronald Reagan Memorial.-- (1) In general.--The Ronald Reagan Memorial Commission is authorized to establish the Ronald Reagan Memorial in accordance with this Act, on Federal lands administered by the National Park Service in the District of Columbia. (2) Location.--The memorial shall be situated in a location that is-- (A) recommended by the Ronald Reagan Memorial Commission; and (B) in the area on the Mall west of the Capitol and east of the Lincoln Memorial, and within the area referred to in the Commemorative Works Act (40 U.S.C. 1001 et seq.) as Area I. (b) Duties of the National Capital Memorial Commission and the Secretary of the Interior.--The National Capital Memorial Commission and the Secretary of the Interior shall assist the members of the Ronald Reagan Memorial Commission-- (1) in the preparation of a recommendation to the Congress of a permanent location for the memorial; and (2) the selection of a design for the memorial and the grounds of the memorial. (c) Detail of Department of the Interior Employees.--The Secretary of the Interior shall detail to the Ronald Reagan Memorial Commission such support staff as are necessary to assist the members of the commission in carrying out its responsibilities. (d) Beginning of Process.--The Ronald Reagan Memorial Commission shall begin the process of recommending a location and selecting a design for the memorial no later than six months after the date of enactment of this Act. (e) Marker.-- (1) In general.--The Secretary shall erect, at the site approved by the Congress for the memorial, a suitable marker designating the site as the ``Future Site of the Ronald Reagan Memorial''. (2) Requirements.--The marker shall be-- (A) installed by the Secretary no later than 3 months after the date of the enactment of a law approving the location for the memorial; (B) no smaller than 3 feet square and constructed of durable material suitable to the outdoor environment; and (C) maintained at the location by the Secretary until the memorial is completed, dedicated, and open to the public. (f) Relationship to the Commemorative Works Act.--Sections 3(c), 7(a)(2), and 8(a)(1) of the Commemorative Works Act (40 U.S.C. 1003(c), 1007(a)(2), 1008(a)(1)) shall not apply to the memorial. SEC. 4. RONALD REAGAN MEMORIAL COMMISSION. (a) Establishment.--There is established a commission, to be known as the Ronald Reagan Memorial Commission. The commission shall-- (1) be comprised of-- (A) the Chairman of the National Capital Memorial Commission; (B) one member appointed by the Speaker of the House of Representatives by no later than 6 months after the date of the enactment of this Act; and (C) one member appointed by the majority leader of the Senate by no later than 6 months after the date of the enactment of this Act; (2) be chaired by one of its members, to be designated jointly by the Speaker of the House of Representatives and the majority leader of the Senate; (3) meet no later than one month after its members are appointed, and at such other times as may be necessary; and (4) be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (b) Duties.--The Ronald Reagan Memorial Commission shall-- (1) raise necessary funds from private sector sources to design, construct, and maintain the memorial; (2) in cooperation with the National Capital Memorial Commission and the Secretary of the Interior, determine and recommend to the Congress a permanent location for the memorial; (3) select a design for the memorial from proposals solicited and accepted from qualified American architects; and (4) issue a report to the Congress and the President on its activities every six months after its first meeting, and issue a final report to the Congress and the President, including a recommended location and final design for the memorial, no later than February 6, 2002. SEC. 5. DEFINITIONS. In this Act: (1) Memorial.--The term ``memorial'' means the Ronald Reagan Memorial authorized by this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. Amend the title so as to read: ``A bill to authorize the establishment of a memorial to former President Ronald Reagan within the area in the District of Columbia referred to in the Commemorative Works Act as `Area I', to provide for the design and construction of such memorial, and for other purposes.''.

Requires the Secretary to erect a suitable marker designating the"Future Site of the Ronald Reagan Memorial" which shall be maintained at the location until the memorial is open to the public. Establishes the Ronald Reagan Memorial Commission to: (1) raise necessary funds from appropriate private sector sources to design, construct, and maintain the memorial; (2) determine and recommend to Congress a permanent location for the memorial; (3) select a design for the memorial; and (4) report to Congress and the President on a recommended location and final design for the memorial no later than February 6, 2002.

Ronald Reagan Memorial Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014''. SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Registration exemption for merger and acquisition brokers.-- ``(A) In general.--Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section. ``(B) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d). ``(C) Rule of construction.--Nothing in this paragraph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(D) Definitions.--In this paragraph: ``(i) Control.--The term `control' means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. There is a presumption of control for any person who-- ``(I) is a director, general partner, member or manager of a limited liability company, or officer exercising executive responsibility (or has similar status or functions); ``(II) has the right to vote 20 percent or more of a class of voting securities or the power to sell or direct the sale of 20 percent or more of a class of voting securities; or ``(III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 20 percent or more of the capital. ``(ii) Eligible privately held company.-- The term `eligible privately held company' means a company that meets both of the following conditions: ``(I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(bb) The gross revenues of the company are less than $250,000,000. ``(iii) M&A broker.--The term `M&A broker' means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that-- ``(I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and ``(II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent year-end balance sheet, income statement, statement of changes in financial position, and statement of owner's equity of the issuer of the securities offered in exchange, and, if the financial statements of the issuer are audited, the related report of the independent auditor, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. ``(E) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of the enactment of the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014, and every 5 years thereafter, each dollar amount in subparagraph (D)(ii)(II) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I). ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. SEC. 3. EFFECTIVE DATE. This Act and any amendment made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act. Passed the House of Representatives January 14, 2014. Attest: KAREN L. HAAS, Clerk.

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014 - Amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition (M&A) brokers and associated persons. Denies such registration exemption, however, to brokers who: (1) receive, hold, transmit, or have custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company; or (2) engage on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports. Prohibits the construction of this Act to limit any other authority of the Securities and Exchange Commission (SEC) to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation.

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Responsibility Act of 1999''. SEC. 2. PURPOSE. The purpose of this Act is to promote compliance with Article I of the United States Constitution, which grants legislative powers solely to Congress. Article I ensures that Federal regulations will not take effect unless passed by a majority of the members of the Senate and House of Representatives and signed by the President, or that the members of the Senate and House of Representatives override the President's veto. This Act ends the practice whereby Congress delegates its responsibility for making laws to unelected, unaccountable officials of the executive branch and requires that regulations proposed by agencies of the executive branch be affirmatively enacted by Congress before they become effective. The Act will result in a more democratic and accountable Congress and protect the public from regulations for which elected, accountable officials are unwilling to take responsibility. SEC. 3. ENACTMENT OF AGENCY REGULATIONS. (a) Congressional Approval.--A regulation shall not take effect before the date of the enactment of a bill described in section 4(a) comprised solely of the text of the regulation. (b) Agency Report.--Whenever an agency promulgates a regulation, the agency shall submit to each House of Congress a report containing the text of the proposed regulation and an explanation of the proposed regulation. The explanation shall consist of the concise general statement of their basis and purpose required by section 553 of title 5, United States Code and such explanatory documents as are mandated by other statutory requirements. SEC. 4. EXPEDITED CONGRESSIONAL PROCEDURES FOR AGENCY REGULATIONS. (a) Introduction.--Not later than 3 legislative days after the date on which an agency submits a report under section 3(b), the Majority Leader of each House of Congress shall introduce (by request) a bill comprised solely of the text of the regulation contained in the report. If such a bill is not introduced in a House of Congress as provided in the preceding sentence, then any Member of that House may introduce such a bill. (b) Bill.--For purposes of this section, the term ``bill'' means a bill of the two Houses of Congress, the matter after the enacting clause of which is as follows: ``The following agency regulations are hereby approved and shall have the force and effect of law:'' (the text of the regulations being set forth after the semicolon). (c) Referral and Consideration.--(1) A bill described in subsection (b) shall not be referred to a committee. (2) It is in order for any Member of the respective House to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion. All points of order against the bill (and against consideration of the bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (3) Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than one hour, which shall be divided equally between those favoring and those opposing the bill. An amendment to the bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (4) Appeals from the decisions of the Chair relating to the application of the regulations of the Senate or the House of Representatives, as the case may be, to the procedure relating to the bill shall be decided without debate. (d) Final Passage.--A vote on final passage of a bill described in subsection (b) shall be taken in a House of Congress on or before the close of the 60th calendar day after the date of the introduction of the bill in that House. (e) Exception.--A motion to suspend the application of subsections (c) and (d) is in order in either House of Congress and shall be considered as passed or agreed to by a vote of a majority of the Members voting. Upon the passage of such a motion, the bill shall be considered in the same manner as other bills. (f) Treatment if the Other House Has Acted.--(1) If, before the passage by one House of a bill introduced in that House described in subsection (b), that House receives from the other House a bill described in subsection (b) comprised of the same text, then-- (A) the bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii); and (B) with respect to a bill described in subsection (b) of the House receiving the bill-- (i) the procedure in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (2) Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 551(1) of title 5, United States Code. (2) Regulation.--The term ``regulation'' has the meaning given the term ``rule'' in section 551(4) of title 5, United States Code, except that such term does not include-- (A) any regulation of particular applicability; or (B) any interpretative rule, general statement of policy, or any regulation of agency organization, personnel, procedure, or practice. SEC. 6. EFFECTIVE DATE. This Act shall apply to agency regulations promulgated after the date of the enactment of this Act. SEC. 7. JUDICIAL REVIEW. A regulation contained in a bill enacted pursuant to this Act is not an agency action for the purpose of judicial review under chapter 7 of title 5, United States Code.

Requires an agency, whenever it promulgates a regulation, to submit to each House of Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.

Congressional Responsibility Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``HELP Commission Act''. SEC. 2. PURPOSE. The Congress finds that, despite the long-standing efforts and resources of the United States dedicated to helping needy people around the world, despair remains and in many areas is growing. Therefore, a commission should be established to bring together the best minds associated with development and humanitarian assistance to make a comprehensive review of-- (1) policy decisions, including why certain development projects are funded and others are not; (2) delivery obstacles, including the roles of United States agencies and other governmental and nongovernmental organizations; (3) methodology, including whether the delivery of United States development assistance always represents best practices and whether it can be improved; and (4) results, including measuring improvements in human capacity instead of in purely economic terms. An examination of these issues should present new approaches and ideas to ensure that United States development assistance reaches its intended recipients. SEC. 3. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission (in this Act referred to as the ``Commission''). (b) Functions.--The Commission shall-- (1) identify the past and present objectives of United States development assistance, identify cases in which those objectives have been met, identify the beneficiaries of such assistance, and what percentage of the funds provided actually reached the intended beneficiaries; (2) identify cases in which United States development assistance has been most successful, and analyze why such successes have not been transferable to other countries or areas; (3) study ways to expand educational opportunities and investments in people, and assess infrastructure needs; (4) because of the difficulty in measuring results in lesser developed countries, study whether additional resources should be dedicated in order to bring about tangible results; (5) analyze how the United States could place conditions on governments in countries receiving United States development assistance, in light of and notwithstanding the objectives of the Millennium Challenge Account; (6) analyze ways in which the United States can coordinate its development assistance programs with those of other donor countries and international organizations; (7) analyze ways in which the safety of development assistance workers can be ensured, particularly in the midst of conflicts; (8) compare the effectiveness of increased and open trade with development assistance, and analyze the advantages and disadvantages of such trade and whether such trade could be a more effective alternative to United States development assistance; (9) analyze ways in which the United States can strengthen the capacity of indigenous nongovernmental organizations to be more effective in grassroots development; (10) analyze how political pressures affect the decisionmaking process on providing development assistance; (11) analyze ways in which decisions on providing development assistance can involve more of the people of the recipient countries; (12) analyze ways in which results can be measured if United States development assistance is targeted to the least developed countries; (13) recommend standards that should be set for ``graduating'' recipient countries from United States development assistance; (14) analyze whether United States development assistance should be used as a means to achieve United States foreign policy objectives; (15) analyze how the United States can evaluate the performance of its development assistance programs not only against economic indicators, but in other ways, including how to measure the success of United States development assistance in democratization efforts; and (16) study any other areas that the Commission considers necessary relating to United States development assistance. SEC. 4. MEMBERSHIP. (a) Appointment.--The Commission shall be composed of 21 members as follows: (1) Six members shall be appointed by the President, of whom at least two shall be representatives of nongovernmental organizations. (2) Four members shall be appointed by the majority leader of the Senate, and three members shall be appointed by the minority leader of the Senate. (3) Four members shall be appointed by the Speaker of the House of Representatives, and three members shall be appointed by the minority leader of the House of Representatives. (4) The Administrator of the United States Agency for International Development shall serve as a member of the Commission, ex officio. Members under paragraphs (1) through (3) shall be appointed for the life of the Commission. (b) Selection.--Members of the Commission shall be selected from among individuals noted for their knowledge and experience in foreign assistance, particularly development and humanitarian assistance. (c) Time of Appointment.--The appointments under subsection (a) shall be made not later than 60 days after the date of the enactment of this Act. (d) Chair.--The President shall designate one of the members of the Commission from private life as the Chair of the Commission. (e) Regional Subcommittees.--In order to facilitate the workload of the Commission, the Commission shall divide the membership of the Commission into three subcommittees representing the different regions of the world to which the United States provides development assistance, the membership of each subcommittee to be proportional to the percentage of United States development assistance provided to the region represented by the subcommittee. Each subcommittee shall elect one of its members as Chair of the subcommittee. (f) Quorum and Meetings.-- (1) Commission.--Eleven members of the Commission shall constitute a quorum for purposes of transacting the business of the Commission. The Commission shall meet at the call of the Chair. (2) Subcommittees.--A majority of the members of each regional subcommittee shall constitute a quorum for purposes of transacting the business of the subcommittee. Each subcommittee shall meet at the call of the Chair of the subcommittee. (g) Vacancies.--Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (h) Administrative Support.--The Administrator of General Services shall provide to the Commission on a reimbursable basis (or, in the discretion of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry out this Act. (i) Compensation.-- (1) In general.--Subject to paragraph (2), members of the Commission shall serve without pay. (2) Prohibition on additional compensation of federal employees.--Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (j) Travel Expenses.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (k) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--To the extent or in the amounts provided in advance in appropriations Acts-- (A) the executive director shall be compensated at the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code; and (B) the Chairman of the Commission may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out its functions under this Act, hold hearings, sit and act at times and places in the United States and in countries which receive United States development assistance, take testimony, and receive evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission, subject to applicable law. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Administrative Procedures.--The Commission may adopt such rules and regulations, relating to administrative procedure, as may be reasonably necessary to enable it to carry out the provisions of this Act. (e) Travel.-- (1) In general.--The Members of the Commission may, with the approval of the Commission, conduct such travel as is necessary to carry out the purposes of this Act. Each trip must be approved by a majority of the Commission. (2) Sense of congress.--It is the sense of the Congress that members of the Commission should, in order to carry out the functions of the Commission most effectively, travel to countries that receive United States development assistance. The Commission is encouraged to invite Members of Congress to accompany members of the Commission on such travel. (f) Staff and Services of Other Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act. The detail of any such personnel shall be without interruption or loss of civil service or Foreign Service status or privilege. SEC. 6. REPORT OF THE COMMISSION. (a) In General.--Not later than 2 years after the members of the Commission are appointed under section 4(a), the Commission shall submit a report to the President, the Secretary of State, and the Congress setting forth its findings and recommendations under section 3(b). (b) Classified Form of Report.--The report may be submitted in classified form, together with a public summary of recommendations, if the classification of information would further the purposes of this Act. (c) Individual or Dissenting Views.--Each member of the Commission may include the individual or dissenting views of the member. SEC. 7. APPLICABILITY OF OTHER LAWS. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 8. DEFINITION. In this Act, the term ``United States development assistance'' means-- (1) assistance provided by the United States under chapters 1, 10, 11, and 12 of part I of the Foreign Assistance Act of 1961; and (2) assistance provided under any other provision of law to carry out purposes comparable to those set forth in the provisions referred to in paragraph (1). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. (b) Availability of Funds.--Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended, but not later than the date of termination of the Commission. SEC. 10. TERMINATION. The Commission shall terminate 30 days after the submission of its report under section 6.

HELP Commission Act - Establishes the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission to: (1) identify objectives and beneficiaries of U.S. development assistance; (2) evaluate cases in which assistance has been successful; (3) study ways of expanding educational opportunities and investments in people, coordinating U.S. assistance programs with those of other countries and international organizations, ensuring the safety of development assistance workers, strengthening indigenous nongovernmental organizations in grassroots development, placing conditions on governments receiving assistance, and measuring results of targeting U.S. assistance to the least developed countries; (4) assess infrastructure needs; (5) study whether additional resources are needed for tangible results; (6) compare the effectiveness of increased and open trade with development assistance; (7) analyze how political pressures affect the assistance decision making process and how assistance decisions can involve more people of the recipient countries; (8) recommend standards for graduating recipient countries from U.S. assistance; (9) analyze whether assistance should be used to achieve foreign policy objectives; and (10) analyze how to evaluate the performance of the U.S. assistance programs, including in democratization efforts.

To establish a commission to improve United States development assistance and food aid around the globe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communist China Subsidy Reduction Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) the People's Republic of China has enjoyed ready access to international capital through commercial loans, direct investment, sales of securities, bond sales, and foreign aid; (2) regarding international commercial lending, the People's Republic of China had $48,000,000,000 in loans outstanding from private creditors in 1995; (3) regarding international direct investment, international direct investment in the People's Republic of China from 1993 through 1995 totaled $97,151,000,000, and in 1996 alone totaled $47,000,000,000; (4) regarding investment in Chinese securities, the aggregate value of outstanding Chinese securities currently held by Chinese nationals and foreign persons is $175,000,000,000, and from 1993 through 1995 foreign persons invested $10,540,000,000 in Chinese stocks; (5) regarding investment in Chinese bonds, entities controlled by the Government of the People's Republic of China have issued 75 bonds since 1988, including 36 dollar- denominated bond offerings valued at more than $6,700,000,000, and the total value of long-term Chinese bonds outstanding as of January 1, 1996, was $11,709,000,000; (6) regarding international assistance, the People's Republic of China received almost $1,000,000,000 in foreign aid grants and an additional $1,566,000,000 in technical assistance grants from 1993 through 1995, and in 1995 received $5,540,000,000 in bilateral assistance loans, including concessional aid, export credits, and related assistance; and (7) regarding international financial institutions-- (A) despite the People's Republic of China's access to international capital and world financial markets, international financial institutions have annually provided it with more than $4,000,000,000 in loans in recent years, amounting to almost a third of the loan commitments of the Asian Development Bank and 17.1 percent of the loan approvals by the International Bank for Reconstruction and Development in 1995; and (B) the People's Republic of China borrows more from the International Bank for Reconstruction and Development and the Asian Development Bank than any other country, and loan commitments from those institutions to the People's Republic of China quadrupled from $1,100,000,000 in 1985 to $4,300,000,000 by 1995. SEC. 3. OPPOSITION OF UNITED STATES TO CONCESSIONAL LOANS TO THE PEOPLE'S REPUBLIC OF CHINA. Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-1) is amended by adding at the end the following: ``SEC. 1503. OPPOSITION OF UNITED STATES TO CONCESSIONAL LOANS TO THE PEOPLE'S REPUBLIC OF CHINA. ``(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Directors at each international financial institution (as defined in section 1702(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose the provision by the institution of concessional loans to the People's Republic of China, any citizen or national of the People's Republic of China, or any entity established in the People's Republic of China. ``(b) Concessional Loans Defined.--As used in subsection (a), the term `concessional loans' means loans with highly subsidized interest rates, grace periods for repayment of 5 years or more, and maturities of 20 years or more.''. SEC. 4. PRINCIPLES THAT SHOULD BE ADHERED TO BY ANY UNITED STATES NATIONAL CONDUCTING AN INDUSTRIAL COOPERATION PROJECT IN THE PEOPLE'S REPUBLIC OF CHINA. (a) Purpose.--It is the purpose of this section to create principles governing the conduct of industrial cooperation projects of United States nationals in the People's Republic of China. (b) Statement of Principles.--It is the sense of the Congress that any United States national conducting an industrial cooperation project in the People's Republic of China should: (1) Suspend the use of any goods, wares, articles, or merchandise that the United States national has reason to believe were mined, produced, or manufactured, in whole or in part, by convict labor or forced labor, and refuse to use forced labor in the industrial cooperation project. (2) Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the industrial cooperation project. The United States national should not discriminate in terms or conditions of employment in the industrial cooperation project against persons with past records of arrest or internal exile for nonviolent protest or membership in unofficial organizations committed to nonviolence. (3) Ensure that methods of production used in the industrial cooperation project do not pose an unnecessary physical danger to workers and neighboring populations or property, and that the industrial cooperation project does not unnecessarily risk harm to the surrounding environment; and consult with community leaders regarding environmental protection with respect to the industrial cooperation project. (4) Strive to establish a private business enterprise when involved in an industrial cooperation project with the Government of the People's Republic of China or other state entity. (5) Discourage any Chinese military presence on the premises of any industrial cooperation projects which involve dual-use technologies. (6) Undertake to promote freedom of association and assembly among the employees of the United States national. The United States national should protest any infringement by the Government of the People's Republic of China of these freedoms to the International Labor Organization's office in Beijing. (7) Provide the Department of State with information relevant to the Department's efforts to collect information on prisoners for the purposes of the Prisoner Information Registry, and for other reporting purposes. (8) Discourage or undertake to prevent compulsory political indoctrination programs from taking place on the premises of the industrial cooperation project. (9) Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States national should raise with appropriate authorities of the Government of the People's Republic of China concerns about restrictions on the free flow of information. (10) Undertake to prevent harassment of workers who, consistent with the United Nations World Population Plan of Action, decide freely and responsibly the number and spacing of their children; and prohibit compulsory population control activities on the premises of the industrial cooperation project. (c) Promotion of Principles by Other Nations.--The Secretary of State shall forward a copy of the principles set forth in subsection (b) to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. (d) Registration Requirement.-- (1) In general.--Each United States national conducting an industrial cooperation project in the People's Republic of China shall register with the Secretary of State and indicate that the United States national agrees to implement the principles set forth in subsection (b). No fee shall be required for registration under this subsection. (2) Preference for participation in trade missions.--The Secretary of Commerce shall consult the register prior to the selection of private sector participants in any form of trade mission to China, and undertake to involve those United States nationals that have registered their adoption of the principles set forth above. (e) Definitions.--As used in this section-- (1) the term ``industrial cooperation project'' refers to a for-profit activity the business operations of which employ more than 25 individuals or have assets greater than $25,000; and (2) the term ``United States national'' means-- (A) a citizen or national of the United States or a permanent resident of the United States; and (B) a corporation, partnership, or other business association organized under the laws of the United States, any State or territory thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands. SEC. 5. PROMOTION OF EDUCATIONAL, CULTURAL, SCIENTIFIC, AGRICULTURAL, MILITARY, LEGAL, POLITICAL, AND ARTISTIC EXCHANGES BETWEEN THE UNITED STATES AND CHINA. (a) Exchanges Between the United States and China.--Agencies of the United States Government which engage in educational, cultural, scientific, agricultural, military, legal, political, and artistic exchanges shall endeavor to initiate or expand such exchange programs with regard to China. (b) Sense of Congress.--It is the sense of the Congress that a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations. Passed the House of Representatives November 6, 1997. Attest: ROBIN H. CARLE, Clerk.

Communist China Subsidy Reduction Act of 1997 - Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Directors at each international financial institution to vote to oppose the provision of concessional loans (with highly subsidized interest rates, grace periods for repayment of five years or more, and maturities of 20 years or more) to China, any Chinese citizen or national, or any Chinese entity. (Sec. 4) Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China should adhere to certain principles, including: (1) suspending the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refusing to use forced labor in their projects; (2) seeking to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or otherwise affect the employment status of an individual employed in the industrial cooperation project; (3) ensuring that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment; (4) striving to establish private business enterprises when involved in a project with the Government of China; (5) discouraging any military presence on the premises of the project; (6) promoting freedom of association and assembly among employees; (7) providing the Department of State with information relevant to its efforts to collect information on prisoners for purposes of the Prisoner Information Registry; (8) discouraging or preventing compulsory political indoctrination programs from taking place on project premises; (9) promoting freedom of expression of all kinds; and (10) preventing harassment of workers who decide freely the number and spacing of their children, and prohibiting compulsory population control activities on the premises of the project. Directs the Secretary of State to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each U.S. national conducting an industrial cooperation project in China to register with the Secretary and indicate whether they agree to implement such principles. Directs the Secretary of Commerce to give preference to U.S. nationals who have adopted such principles when selecting participants for trade missions to China. (Sec. 5) Directs U.S. agencies that engage in educational, cultural, scientific, agricultural, military, legal, political, and artistic exchanges to initiate and expand such exchange programs with regard to China. Expresses the sense of the Congress that a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations.

Communist China Subsidy Reduction Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Sexual Assault Prevention and Health Care Enhancement Act''. SEC. 2. COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT INCIDENTS AND OTHER SAFETY INCIDENTS. (a) Policy.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1709. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents ``(a) Policy Required.--Not later than March 1, 2012, the Secretary of Veterans Affairs shall develop and implement a centralized and comprehensive policy on the reporting and tracking of sexual assault incidents and other safety incidents that occur at each medical facility of the Department, including-- ``(1) suspected, alleged, attempted, or confirmed cases of sexual assault, regardless of whether such assaults lead to prosecution or conviction; ``(2) criminal and purposefully unsafe acts; ``(3) alcohol or substance abuse related acts (including by employees of the Department); and ``(4) any kind of event involving alleged or suspected abuse of a patient. ``(b) Scope.--The policy required by subsection (a) shall cover each of the following: ``(1) For purposes of reporting and tracking sexual assault incidents and other safety incidents, definitions of the terms-- ``(A) `safety incident'; ``(B) `sexual assault'; and ``(C) `sexual assault incident'. ``(2) The development and use of specific risk-assessment tools to examine any risks related to sexual assault that a veteran may pose while being treated at a medical facility of the Department, including clear and consistent guidance on the collection of information related to-- ``(A) the legal history of the veteran; and ``(B) the medical record of the veteran. ``(3) The mandatory training of employees of the Department on security issues, including awareness, preparedness, precautions, and police assistance. ``(4) The mandatory implementation, use, and regular testing of appropriate physical security precautions and equipment, including surveillance camera systems, computer- based panic alarm systems, stationary panic alarms, and electronic portable personal panic alarms. ``(5) Clear, consistent, and comprehensive criteria and guidance with respect to an employee of the Department communicating and reporting sexual assault incidents and other safety incidents to-- ``(A) supervisory personnel of the employee at-- ``(i) a medical facility of the Department; ``(ii) an office of a Veterans Integrated Service Network; and ``(iii) the central office of the Veterans Health Administration; and ``(B) a law enforcement official of the Department. ``(6) Clear and consistent criteria and guidelines with respect to an employee of the Department referring and reporting to the Office of Inspector General of the Department sexual assault incidents and other safety incidents that meet the regulatory criminal threshold in accordance with section 1.201 and 1.204 of title 38, Code of Federal Regulations. ``(7) An accountable oversight system within the Veterans Health Administration that includes-- ``(A) systematic information sharing of reported sexual assault incidents and other safety incidents among officials of the Administration who have programmatic responsibility; and ``(B) a centralized reporting, tracking, and monitoring system for such incidents. ``(8) Consistent procedures and systems for law enforcement officials of the Department with respect to investigating, tracking, and closing reported sexual assault incidents and other safety incidents. ``(9) Clear and consistent guidance for the clinical management of the treatment of sexual assaults that are reported more than 72 hours after the assault. ``(c) Updates to Policy.--The Secretary shall review and revise the policy required by subsection (a) on a periodic basis as the Secretary considers appropriate and in accordance with best practices. ``(d) Annual Report.--(1) Not later than 60 days after the date on which the Secretary develops the policy required by subsection (a), and by not later than October 1 of each year thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the implementation of the policy. ``(2) The report under paragraph (1) shall include-- ``(A) the number and type of sexual assault incidents and other safety incidents reported by each medical facility of the Department; ``(B) a detailed description of the implementation of the policy required by subsection (a), including any revisions made to such policy from the previous year; and ``(C) the effectiveness of such policy on improving the safety and security of the medical facilities of the Department, including the performance measures used to evaluate such effectiveness. ``(e) Regulations.--The Secretary shall prescribe regulations to carry out this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1708 the following: ``1709. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents.''. (c) Interim Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the development of the performance measures described in section 1709(d)(2)(C) of title 38, United States Code, as added by subsection (a). SEC. 3. INCREASED FLEXIBILITY IN ESTABLISHING PAYMENT RATES FOR NURSING HOME CARE PROVIDED BY STATE HOMES. (a) In General.-- (1) Contracts and agreements for nursing home care.-- Section 1745(a) of title 38, United States Code, is amended-- (A) in paragraph (1), by striking ``The Secretary shall pay each State home for nursing home care at the rate determined under paragraph (2)'' and inserting ``The Secretary shall enter into a contract (or agreement under section 1720(c)(1) of this title) with each State home for payment by the Secretary for nursing home care provided in the home''; and (B) by striking paragraph (2) and inserting the following new paragraph (2): ``(2) Payment under each contract (or agreement) between the Secretary and a State home under paragraph (1) shall be based on a methodology, developed by the Secretary in consultation with the State home, to adequately reimburse the State home for the care provided by the State home under the contract (or agreement).''. (2) State nursing homes.--Section 1720(c)(1)(A) of such title is amended-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) a provider of services eligible to enter into a contract pursuant to section 1745(a) of this title who is not otherwise described in clause (i) or (ii).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to care provided on or after January 1, 2012. SEC. 4. REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY. (a) Rehabilitation Plans and Services.--Section 1710C of title 38, United States Code, is amended-- (1) in subsection (a)(1), by inserting before the semicolon the following: ``with the goal of maximizing the individual's independence''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``(and sustaining improvement in)'' after ``improving''; (ii) by inserting ``behavioral,'' after ``cognitive''; (B) in paragraph (2), by inserting ``rehabilitative services and'' before ``rehabilitative components''; and (C) in paragraph (3)-- (i) by striking ``treatments'' the first place it appears and inserting ``services''; and (ii) by striking ``treatments and'' the second place it appears; and (3) by adding at the end the following new subsection: ``(h) Rehabilitative Services Defined.--For purposes of this section, and sections 1710D and 1710E of this title, the term `rehabilitative services' includes-- ``(1) rehabilitative services, as defined in section 1701 of this title; ``(2) treatment and services (which may be of ongoing duration) to sustain, and prevent loss of, functional gains that have been achieved; and ``(3) any other rehabilitative services or supports that may contribute to maximizing an individual's independence.''. (b) Rehabilitation Services in Comprehensive Program for Long-term Rehabilitation.--Section 1710D(a) of title 38, United States Code, is amended-- (1) by inserting ``and rehabilitative services (as defined in section 1710C of this title)'' after ``long-term care''; and (2) by striking ``treatment''. (c) Rehabilitation Services in Authority for Cooperative Agreements for Use of Non-Department Facilities for Rehabilitation.--Section 1710E(a) of title 38, United States Code, is amended by inserting ``, including rehabilitative services (as defined in section 1710C of this title),'' after ``medical services''. (d) Technical Amendment.--Section 1710C(c)(2)(S) of title 38, United States Code, is amended by striking ``opthamologist'' and inserting ``ophthalmologist''. SEC. 5. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 901 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) The Secretary may not prohibit the use of service dogs in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary.''. SEC. 6. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (a) In General.--Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a three-year pilot program for the purpose of assessing the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder rehabilitation programs at Department of Veterans Affairs medical centers to positively affect veterans with post-deployment mental health conditions and post-traumatic stress disorder symptoms and, through such activities, to produce specially trained dogs that meet criteria for becoming service dogs for veterans with disabilities. (b) Location of Pilot Program.--The pilot program shall be carried out at one Department of Veterans Affairs medical center selected by the Secretary for such purpose at a location other than in the Department of Veterans Affairs Palo Alto health care system in Palo Alto, California. In selecting a medical center for the pilot program, the Secretary shall-- (1) ensure that the medical center selected-- (A) has an established mental health rehabilitation program that includes a clinical focus on rehabilitation treatment of post-deployment mental health conditions and post-traumatic stress disorder; and (B) has a demonstrated capability and capacity to incorporate service dog training activities into the rehabilitation program; and (2) shall review and consider using recommendations published by Assistance Dogs International, International Guide Dog Federation, or comparably recognized experts in the art and science of basic dog training with regard to space, equipments, and methodologies. (c) Design of Pilot Program.--In carrying out the pilot program, the Secretary shall-- (1) administer the program through the Department of Veterans Affairs Patient Care Services Office as a collaborative effort between the Rehabilitation Office and the Office of Mental Health Services; (2) ensure that the national pilot program lead of the Patient Care Services Office has sufficient administrative experience to oversee the pilot program; (3) establish partnerships through memorandums of understanding with Assistance Dogs International organizations, International Guide Dog Federation organizations, academic affiliates, or organizations with equivalent credentials with experience in teaching others to train service dogs for the purpose of advising the Department of Veterans Affairs regarding the design, development, and implementation of pilot program; (4) ensure that the pilot program site has a service dog training instructor; (5) ensure that dogs selected for use in the program meet all health clearance, age, and temperament criteria as outlined by Assistance Dogs International, International Guide Dog Federation, or an organization with equivalent credentials and the Centers for Disease Control and Prevention; (6) consider dogs residing in animal shelters or foster homes for participation in the program if such dogs meet the selection criteria under this subsection; and (7) ensure that each dog selected for the program is taught all basic commands and behaviors essential to being accepted by an accredited service dog training organization to be partnered with a disabled veteran for final individualized service dog training tailored to meet the needs of the veteran. (d) Veteran Participation.--A veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code, and is diagnosed with post-traumatic stress disorder or another post-deployment mental health condition may volunteer to participate in the pilot program required by subsection (a) of this section and may participate in the program if the Secretary determines that adequate program resources are available for such veteran to participate at the pilot program site. (e) Hiring Preference.--In hiring service dog training instructors for the pilot program required by subsection (a), the Secretary shall give a preference to veterans in accordance with section 2108 and 3309 of title 5, United States Code. (f) Collection of Data.--The Secretary shall collect data on the pilot program required by subsection (a) to determine the effectiveness of the program in positively affecting veterans with post-traumatic stress disorder or other post-deployment mental health condition symptoms and the potential for expanding the program to additional Department of Veterans Affairs medical centers. Such data shall be collected and analyzed using valid and reliable methodologies and instruments. (g) Reports to Congress.-- (1) Annual reports.--Not later than one year after the date of the commencement of the pilot program, and annually thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Each such report shall include-- (A) the number of veterans participating in the pilot program; (B) a description of the services carried out by the Secretary under the pilot program; and (C) the effects that participating in the pilot program has on veterans with post-traumatic stress disorder and post-deployment mental health conditions. (2) Final report.--At the conclusion of pilot program, the Secretary shall submit to Congress a final report that includes recommendations with respect to the extension or expansion of the pilot program. (h) Definition.--For the purposes of this section, the term ``service dog training instructor'' means an instructor recognized by an accredited dog organization training program who provides hands-on training in the art and science of service dog training and handling. SEC. 7. ELIMINATION OF ANNUAL REPORT ON STAFFING FOR NURSE POSITIONS. Section 7451(e) of title 38, United States Code, is amended-- (1) by striking paragraph (5); and (2) by redesignating paragraph (6) as paragraph (5). Passed the House of Representatives October 11, 2011. Attest: KAREN L. HAAS, Clerk.

Veterans Sexual Assault Prevention and Health Care Enhancement Act - (Sec. 2) Directs the Secretary of Veterans Affairs to develop and implement a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools; (2) mandatory security training; (3) physical security precautions (surveillance camera systems and panic alarm systems); (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General; (5) an oversight system within the Veterans Health Administration; (6) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents; and (7) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to submit to the congressional veterans committees: (1) an interim report on the policy's effectiveness on improving the safety and security of such facilities, and (2) annual reports on such incidents and policy implementation. (Sec. 3) Requires VA payments to state nursing homes for care provided to veterans to be based on a methodology which reimburses such home for care provided under contract. (Under current law, such payments are made according to a prescribed rate.) Includes entities eligible to enter into such contracts as authorized VA nursing home, adult day health care, or other extended care providers. (Sec. 4) Includes the goal of maximizing the individual's independence within an individualized plan for the rehabilitation of veterans with traumatic brain injury (TBI). Includes within plan objectives the sustaining of improvement in cognitive, behavioral, and vocational functioning. Includes within the VA definition of "rehabilitative services" treatment and services to sustain and prevent loss of functional gains, as well as any other services or supports that may contribute to maximizing an individual's independence. Includes rehabilitation services within: (1) comprehensive programs for long-term rehabilitation of veterans with TBI, and (2) cooperative agreements for the use of non-VA facilities for neurorehabilitation and recovery programs for such veterans. (Sec. 5) Prohibits the Secretary from disallowing the use of service dogs in any VA facility or property, or in any facility or property that receives VA funding. (Sec. 6) Directs the Secretary to implement a three-year pilot program to assess the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at VA medical centers to positively affect veterans with such symptoms and to produce specially trained dogs that may become service dogs for veterans with disabilities. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the potential to expand the program to additional VA medical centers; and (2) report annually to Congress for the duration of the pilot program. (Sec. 7) Eliminates a required annual report on staffing for registered nurses and certain other health-care personnel at VA facilities.

To amend title 38, United States Code, to require a comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents that occur at medical facilities of the Department of Veterans Affairs, to improve rehabilitative services for veterans with traumatic brain injury, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Affordable Transaction Account Act of 2001''. SEC. 2. AFFORDABLE BANKING SERVICES. (a) In General.--Except as otherwise provided in this section, each insured depository institution shall make available to consumers a consumer transaction account, to be known as an ``affordable transaction account'', with the following features to be prescribed jointly by the Federal banking agencies, by regulation: (1) Initial deposit.--The maximum amount which an insured depository institution may require as an initial deposit, if any. (2) Minimum balance.--The maximum amount an insured depository institution may require as a minimum balance, if any, to maintain such account. (3) Minimum number of free withdrawals.--A minimum of 8 withdrawal transactions, including withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties and electronic fund transfers, during any periodic cycle at no additional charge to the account holder. (4) Maximum monthly service charge.--The maximum amount an insured depository institution may charge per periodic cycle for the use of such account. (b) Fees for Withdrawal Transactions in Excess of Minimum Number of Free Withdrawals.-- (1) In general.--Subject to paragraph (2), in the case of any affordable transaction account-- (A) an insured depository institution may impose a reasonable per-transaction charge for any withdrawal transaction described in subsection (a)(3) other than a transaction required under such subsection to be provided free; or (B) the depository institution may impose the fees and charges normally applied to other consumer transaction accounts available at that depository institution. (2) Limitations.-- (A) Periodic cycle fee adjustment.--The amount of any charge per periodic cycle imposed by an insured depository institution on any affordable transaction account pursuant to paragraph (1)(B) shall be reduced by the charge imposed under subsection (a)(4). (B) Maximum amount.--At no time shall the total amount of fees and charges imposed by an insured depository institution on any affordable transaction account exceed the total amount of fees and charges that is normally applied to other consumer transaction accounts available at the depository institution. (c) Conditions for Opening Any Affordable Transaction Account.--An insured depository institution may require as a condition for opening or maintaining any affordable transaction account that-- (1) the holder of the account be a resident of the State in which the account is opened or maintained; and (2) the deposits to the account of recurring payments such as Social Security, wage, or pension payments be made by direct deposit if that form of deposit is available to both the consumer and the depository institution. (d) Other Terms and Conditions.-- (1) In general.--Except as provided in this section and any regulations prescribed under this section, any affordable transaction account may be offered by an insured depository institution subject to the same rules, conditions, and terms normally applicable to other consumer transaction accounts offered by the depository institution. (2) Prohibition on discrimination against affordable transaction account holders in providing other services.--The amount of any fee or charge imposed on a holder of any affordable transaction account by an insured depository institution for specific services provided to such account holder which are not directly related to the maintenance of such account may not exceed the fee or charge imposed by the depository institution for providing the same services in connection with other consumer transaction accounts offered by the depository institution. (e) Affordable Transaction Accounts Not Required for Individuals Who Maintain Other Transaction Accounts.--An insured depository institution shall not be required to permit any person to open or maintain an affordable transaction account pursuant to this section if such person maintains another consumer transaction account either at that depository institution or any other insured depository institution. (f) Alternative Arrangements.--In lieu of the affordable transaction account required by this section, an insured depository institution may make available an alternative form of account or other banking services if the appropriate Federal banking agency determines that such alternative form of account or services are at least as advantageous to consumers as the affordable transaction account. (g) Disclosure Requirements.-- (1) Posted notices.--If an insured depository institution posts in the public area of any office of the institution a notice of the availability of other consumer transaction accounts, the depository institution shall also post equally conspicuous notice in such public area and in the same manner the availability of its affordable transaction accounts. (2) Printed material.--If an insured depository institution makes available in the public area of any office of the institution printed material describing the terms of its other consumer transaction accounts, the depository institution shall also make comparable descriptive printed material concerning the affordable transaction accounts available in the same such area and in the same manner. (h) Definitions.--For purposes of this section, the following definitions shall apply: (1) Consumer transaction account.--For purposes of this section, the term ``consumer transaction account'' means a demand deposit account, negotiable order of withdrawal account, share draft account, or any similar transaction account used primarily for personal, family or household purposes. (2) Depository institution.--The term ``depository institution'' has the same meaning as in section 19(b)(1)(A) of the Federal Reserve Act. (3) Federal banking agency.--The term ``Federal banking agency''-- (A) has the same meaning as in section 3(z) of the Federal Deposit Insurance Act; and (B) includes the National Credit Union Administration Board. (4) Insured depository institution.--The term ``insured depository institution''-- (A) has the same meaning as in section 3(c)(2) of the Federal Deposit Insurance Act; and (B) includes an insured credit union (as defined in section 101(7) of the Federal Credit Union Act). (i) Compliance With More Stringent State Law.--If a depository institution operates in a State the laws of which, including regulations, require a depository institution operating in such State to meet requirements for affordable transaction accounts which are more advantageous to the consumer than the requirements of this section or the regulations prescribed under this section, such depository institution may not be treated as a qualified depository institution for purposes of section 19(b)(12) of the Federal Reserve Act, unless such depository institution meets the requirements of this section and the requirements of such State law. (j) Rule of Construction.--No provision of this section, title LXII of the Revised Statutes of the United States, the Home Owners' Loan Act, the Bank Enterprise Act of 1991, the Alternative Mortgage Transaction Parity Act of 1982, or any other Federal law may be construed as preempting, or providing any basis for the Comptroller of the Currency or the Director of the Office of Thrift Supervision to conclude that Federal law in any way preempts, the law of any State which requires depository institution operating in that State to provide affordable transaction accounts, including the Omnibus Consumer Protection and Banking Deregulation Act of 1994 of the State of New York and the New Jersey Consumer Checking Account Act (as in effect on the date of the enactment of this Act). (k) Coordination of Regulations.--Each Federal banking agency shall-- (1) consult and coordinate with other Federal banking agencies to ensure that regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by each other such agency; and (2) prescribe regulations in final form to implement this section before the end of the 6-month period beginning on the date of the enactment of this Act.

Consumer Affordable Transaction Account Act of 2001 - Requires each insured depository institution to make available to consumers an "affordable transaction account" containing specified features to be prescribed jointly by the Federal banking agencies, including at least eight free withdrawals per month.Prohibits the imposition of fees upon such account holders which are discriminatory in nature. Authorizes alternative account arrangements.Requires notice of availability of affordable transaction accounts to be posted upon the premises in the same manner as the depository institution posts notice of its other account products.Mandates depository institution compliance with more stringent State law where applicable.

To require insured depository institutions to make affordable transaction accounts available to their customers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Dress Protection Act''. SEC. 2. PROTECTION FOR TRADE DRESS. (a) Principal Register.--The Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes.'' (hereinafter referred to in this Act as the ``Trademark Act of 1946'') is amended in section 2 thereof (15 U.S.C. 1052)-- (1) in subsection (e)-- (A) in clause (3) by striking ``or'' after ``them,''; and (B) by inserting before the period at the end the following: ``, or (5) comprises any matter that, as a whole, is functional''; (2) in subsection (f), by striking ``paragraphs (a), (b), (c), (d), and (e)(3)'' and inserting ``subsections (a), (b), (c), (d), (e)(3), and (e)(5)''; and (3) by adding at the end the following: ``(g) Except as expressly excluded in subsections (a), (b), (c), (d), and (e) of this section, trade dress which functions as a mark may be registered and protected without the need to show that it has become distinctive under subsection (f) of this section if the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress. In determining whether the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress, the factors to be considered shall include, but not be limited to-- ``(1) whether the trade dress is unique or unusual in the particular field to which the subject matter pertains; ``(2) whether the trade dress comprises a common basic shape or design; ``(3) whether the trade dress is a mere refinement of commonly adopted and well known forms of ornamentation for that particular class of goods or services viewed by the public as a dress or ornamentation for the goods or services; and ``(4) whether the trade dress is capable of creating a commercial impression distinct from any accompanying words.''. (b) Supplemental Register.--Section 23(c) of the Trademark Act of 1946 (15 U.S.C. 1091(c)) is amended to read as follows: ``(c) For the purposes of registration on the supplemental register, a mark may consist of any symbol, name, word, slogan, phrase, surname, geographical name, numeral, device, color, label, any matter that is not functional, or any combination of any of the foregoing, but such mark must be capable of distinguishing the applicant's goods or services.''. (c) Construction and Definitions.--Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by striking the definition of ``mark'' and inserting the following: ``The term `trade dress' means the total image or overall appearance of a product or service, including, but not limited to, the design of packaging, labels, containers, displays, decor, color, the design of a product, a product feature, or a combination of product features, except that trade dress shall not be registered or protected under this Act if it is functional. ``The term `functional' means, with respect to matter sought to be protected under this Act, that the matter is of such superior design for its purpose that to afford it protection under this Act would significantly hinder effective competition. In determining whether matter sought to be protected under this Act is functional, the factors to be considered shall include, but not be limited to-- ``(1) whether the matter yields a competitive advantage; ``(2) whether alternative designs are available; and ``(3) whether the matter achieves economies in the manufacture or use of the goods or services, or affects their cost or quality. ``The term `mark' includes any trademark, service mark, collective mark, or certification mark.''. (d) Civil Actions for Trade Dress Infringement.--Section 43(a) of the Trademark Act of 1946 (15 U.S.C. 1125(a)) is amended by adding at the end the following: ``(3) In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, but shall not apply to any proceeding before the United States Patent and Trademark Office relating to the registration of a mark, or to any civil action, that is pending on that date. SEC. 4. TECHNICAL AMENDMENTS. The Trademark Act of 1946 is amended as follows: (1) Section 1(a)(1)(A) (15 U.S.C. 1051(a)(1)(A)) is amended by striking ``goods in connection'' each place it appears and inserting ``goods on or in connection''. (2) Section 7(a) (15 U.S.C. 1057(a)) is amended in the first sentence by striking the second period at the end. (3) Section 10 (15 U.S.C. 1060) is amended-- (A) at the end of the first sentence, by striking the comma before the period; and (B) in the third sentence, by striking the second period at the end. (4) Section 26 (15 U.S.C. 1094) is amended by striking ``7(c),,'' and inserting ``, 7(c),''. (5) Section 31 (15 U.S.C. 1113) is amended-- (A) by striking ``Sec. 31. Fees''; and (B) by striking ``(a)'' and inserting ``Sec. 31. (a)''. (6) Section 32(1) (15 U.S.C. 1114(1)) is amended by striking ``As used in this subsection'' and inserting ``As used in this paragraph''. (7) Section 39(a) (15 U.S.C. 1121(a)) is amended by striking ``circuit courts'' and inserting ``courts''. (8) Section 42 (15 U.S.C. 1124) is amended by striking ``the any domestic'' and inserting ``any domestic''. (9) Section 44(d) (15 U.S.C. 1126(d)) is amended-- (A) by striking ``23, or 44(e) of this Act'' and inserting ``23, or subsection (e) of this section that is''; and (B) in paragraphs (3) and (4) by striking ``this subsection (d)'' and inserting ``this subsection''. (10) The Act is amended by striking ``trade-mark'' each place it appears in the text and the title and inserting ``trademark''.

Trade Dress Protection Act - Amends the Trademark Act of 1946 to add to the list of trademarks that may be refused registration on the principal register on account of their nature those marks that comprise any matter that, as a whole, is functional. Authorizes trade dress which functions as a mark to be registered and protected (except as expressly excluded by existing law) without the need to show that it has become distinctive if the relevant public is likely to identify the source of the product or service by reference to the subject matter claimed as trade dress. Revises a provision regarding registration on the supplemental register to authorize registration of a mark that: (1) consists of any symbol, name, word, slogan, phrase, surname, geographical name, numeral, device, color, label, any matter that is not functional, or any combination of the foregoing; and (2) is capable of distinguishing the applicant's goods or services. Defines "trade dress" as the total image or overall appearance of a product or service. Prohibits registration or protection of trade dress that is functional. Defines "functional," with respect to matter seeking protection under the Act, to mean that the matter is of such superior design that to afford it protection would significantly hinder effective competition. Places the burden of proving that matter is not functional in a civil action for trade dress infringement for unregistered trade dress on the person asserting trade dress protection.

Trade Dress Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair International Labor Standards in Trade and Investment Act of 2001''. SEC. 2. OBJECTIVES; DUTIES OF ILAB. (a) Objectives.--The policy objectives of Congress with respect to international labor issues are as follows: (1) Fundamental economic, political, social, technological, and cross-cultural changes are proceeding in ways that accelerate global integration and interdependence. (2) The United States national interest is served by more open markets, expanding trade, and investment liberalization within the community of nations, balanced by increased respect and enforcement of universal human rights as defined in the Universal Declaration of Human Rights and the ILO Declaration of Fundamental Principles and Rights at Work. (3) The American people believe that more open international trade, investment, and market access are not ends in themselves, but means for attaining greater economic justice, social responsibility, and sustainable development in both the United States and the global economy. (4) A principal objective of the international economic policy of the United States is to spread the benefits of trade and investment liberalization as broadly as possible within all trading nations and not just between them. (5) United States international economic policy should emphasize the following 4 principal goals: (A) The achievement of steadily increasing purchasing power throughout the global economy in tandem with expanding global productive capacity that leads to-- (i) the elimination of abusive child labor; (ii) rising living standards in developing and developed national economies; and (iii) the acceleration of broad-based consumer markets within all trading nations. (B) The discouragement of economic development by any nation based on the commercial exploitation of child labor and the systematic denial of internationally recognized worker rights and core labor standards, in order to gain illegitimate competitive advantage in international trade and investment. (C) The expansion of global trade and investment, not protectionism, based on growing public confidence that the rules governing international flows of capital, goods, services, technology, and labor are structured, in law and practice, to end abusive child labor and promote the rights and interests of working people as well as those of other parties to international agreements. (D) The alleviation of poverty, hunger, abusive child labor, and illiteracy through the empowerment of working people in all trading nations so that they can more fully participate in policy-making and benefit equitably from the fruits of their labor in the conduct of global trade, investment, and commerce. (b) Duties of ILAB.--Under the guidance of the Secretary of Labor, the International Labor Affairs Bureau shall have the primary responsibility for advancing the policy objectives and goals set out in subsection (a) and for coordinating all related United States activities. SEC. 3. FUNCTIONS. The Secretary of Labor is authorized to act through the International Labor Affairs Bureau, to carry out the following activities to promote fair international standards in trade and investment: (1) Represent the United States in the International Labor Organization (ILO) and support that Organization's activities, consulting with the organizations that represent employers and employees in that body. (2) Provide bilateral and multilateral technical assistance to enable developing countries in particular to-- (A) implement core labor standards; (B) strengthen governmental capacity to enforce national labor laws and protect internationally recognized worker rights; and (C) develop policies to assist workers who are adversely affected by shifts in trade and investments flows, structural adjustments, and macroeconomic changes within national economies and the global economy respectively. (3) Provide bilateral aid to foreign countries to eliminate abusive child labor and other trade and investment-related worker rights violations and to support workforce development programs to foster broad-based, equitable, and sustainable economic development in recipient countries. (4) Compile and report annually to Congress, on the extent to which each foreign country that has a trade and investment agreement with the United States protects the free exercise of internationally recognized worker rights, as required under United States law, and promotes core labor standards as embodied in the ILO Declaration on Fundamental Principles and Rights at Work. (5) Conduct research and analysis on the relationship between internationally recognized worker rights and core labor standards and the conduct of international, trade, commerce, and investment and related trends. SEC. 4. GRANTS. The Secretary of Labor may award grants and enter into cooperative agreements and contracts to carry out the functions described in section 3. SEC. 5. AUTHORIZATION OF FUNDS. There are authorized to be appropriated to the Secreatry of Labor such sums as are necessary to carry out the provisions of this Act.

Fair International Labor Standards in Trade and Investment Act of 2001 - Authorizes the Secretary of Labor, through the International Labor Affairs Bureau, to promote fair international standards in trade and investment by: (1) representing the United States in the International Labor Organization (ILO), supporting ILO activities, and consulting with organizations that represent employers and employees in ILO; (2) providing bilateral and multilateral technical assistance to enable developing countries in particular to implement core labor standards, strengthen governmental capacity to enforce national labor laws and protect internationally recognized worker rights, and develop policies to assist workers who are adversely affected by shifts in trade and investments flows, structural adjustments, and macroeconomic changes within national economies and the global economy; (3) providing bilateral aid to foreign countries to eliminate abusive child labor and other trade and investment-related worker rights violations and to support workforce development programs to foster broad-based, equitable, and sustainable economic development in recipient countries; (4) compiling and reporting annually to Congress on the extent to which each foreign country that has a trade and investment agreement with the United States protects the free exercise of internationally recognized worker rights as required under U.S. law, and promotes core labor standards as embodied in the ILO Declaration on Fundamental Principles and Rights at Work; (5) conducting research and analysis on the relationship between internationally recognized worker rights and core labor standards and the conduct of international, trade, commerce, and investment and related trends; and (6) making grants, contracts, and cooperative agreements to carry out such functions.

A bill to provide permanent authorization for International Labor Affairs Bureau to continue and enhance their work to alleviate child labor and improve respect for internationally recognized worker rights and core labor standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Food Assistance Improvement Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) For more than 55 years the United States, backed by the support of the American people, has been committed to providing life-saving food assistance to developing countries and vulnerable populations around the world. (2) As the largest donor of international food assistance, an essential tool in tackling malnutrition, the United States can lead the way in improving food aid quality to better target undernourished women and children. (3) The United States contributes over one-half of all food aid supplies to alleviate hunger and support development and plays an important role in responding to emergency food aid needs and ensuring global food security. (4) Over the past decade, increasing food prices and protracted humanitarian crises around the world have made United States food assistance even more critical and relevant. At the same time, these factors, combined with advancements in nutrition science, as well as severe and ongoing fiscal constraints, have led to an increased demand by policymakers and program implementers for new specially formulated and cost- effective products to meet the nutritional needs of the world's most vulnerable populations. (5) While United States food assistance is effective in providing critical calories and nutrients to millions of people during short-term emergencies, the long-term impacts of these programs have also been increasingly called into question for not meeting the nutritional needs of recipient populations. (6) Reducing maternal and child malnutrition, especially in the critical 1,000 days between pregnancy and age 2, is a key priority of United States global food security and health initiatives, including food aid. (7) Recent reports by the Government Accountability Office and the United States Agency for International Development recommended over 35 changes to United States food aid products and programs to improve the nutritional quality, quality control, and cost effectiveness of United States food assistance. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) even in this time of fiscal austerity, the American people support the United States Government's historic commitment to providing life-saving food assistance to the world's most vulnerable populations; (2) high food prices, coupled with growing constraints on available resources for foreign assistance require the United States Government to focus on creating efficiencies, improving quality controls, and maximizing cost-effectiveness and nutritional impact of United States food assistance programs; (3) improving maternal and child health with supplemental nutrition products is a central objective of international food assistance programs; and (4) the United States has shown considerable leadership in meeting the nutrition needs of pregnant women and small children through the 1,000 Days Partnership to support the Scaling Up Nutrition (SUN) movement. SEC. 4. PROVISION OF AGRICULTURAL COMMODITIES. Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is amended by striking paragraph (1) and inserting the following: ``(1) In general.--The Administrator shall use funds made available in fiscal year 2012 and subsequent fiscal years to carry out this title to improve the nutritional quality of United States food assistance, particularly for vulnerable groups such as pregnant and lactating mothers, children under the age of five, with a focus on the cost-effective 1,000 days between pregnancy and age 2, when appropriate, and beneficiaries under the President's Emergency Fund for AIDS Relief in Africa (PEPFAR), including by-- ``(A) adopting new specifications or improving existing specifications for micronutrient fortified food aid products, based on the latest developments in food and nutrition science; ``(B) strengthening necessary systems to better assess the types and quality of agricultural commodities and products donated for food assistance; ``(C) adjusting products and formulations, including potential introduction of new fortificants and products, as necessary to cost effectively meet nutrient needs of target populations; ``(D) testing prototypes; ``(E) developing new program guidance to facilitate improved matching of products to purposes having nutritional intent, including an updated commodity reference guide and decision tools; ``(F) developing enhanced guidance, in coordination with the Coordinator of United States Government Activities to Combat HIV/AIDS Globally and PEPFAR, to support the allocation of food commodities and products for nutrition support in HIV programming, using standardized indicators of impact; ``(G) providing improved guidance to implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond one year; ``(H) considering options for using United States- produced food fortification packages, including vitamin and mineral mixes, to fortify local foods in recipient countries, as appropriate; and ``(I) evaluating, in appropriate program settings and as necessary, the performance and cost- effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups.''. SEC. 5. FOOD AID CONSULTATIVE GROUP. (a) Membership.--Section 205(b) of the Food for Peace Act (7 U.S.C. 1725(b)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(8) nutrition science experts from academia and nongovernmental organizations.''. (b) Coordination and Oversight.--Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c) the following: ``(d) Coordination and Oversight.-- ``(1) In general.--The Administrator shall work within the Group to take the actions described in paragraph (2) to increase coordination and oversight of food assistance programs established and implemented under this Act, with a primary focus on improving quality control and cost effectiveness. ``(2) Actions described.--The actions referred to in paragraph (1) are the following: ``(A) Explore and test options for improved packaging and storage of products to improve shelf life, promote recommended usage by intended beneficiaries, and oversee field-testing of products. ``(B) Work closely with the Department of Agriculture, to undertake reforms in commodity acquisition and supply chain management, drawing on best commercial practices for vendor selection, quality assurance standards, overall management of the supply chain, and auditing of food aid commodity suppliers. ``(C) Develop mechanisms and partnerships to facilitate more private sector development and innovation in food aid products, packaging, and delivery in order to improve the cost-effectiveness, nutritional quality, and overall acceptability of the product. ``(D) Provide guidance to implementing partners on whether and how best to use food aid commodities, such as new specialized food products, including guidance on targeting strategies to ensure that the products reach their intended recipients. ``(E) As appropriate, work to strengthen monitoring of commodity quality by identifying and tracking key quality indicators to determine the full extent of quality problems, including emerging concerns. ``(F) Establish processes and system-wide protocols for effective monitoring and evaluation of impact, to inform improved program design and address improving cost-effectiveness.''. SEC. 6. STRATEGY AND REPORT. (a) Strategy.--The Administrator shall ensure that any United States Government strategy relating to global food security includes a description of how food assistance programs carried out under the Food for Peace Act will contribute to, and be integrated with, such strategy. (b) Report.--The Administrator shall ensure that comprehensive information regarding budgets and expenditures, monitoring and evaluation, policy, and coordination of food assistance programs carried out under the Food for Peace Act is included, as appropriate, in relevant reports submitted to Congress pursuant to the Foreign Assistance Act of 1961 and Acts making appropriations for the Department of State, foreign operations, and related programs. SEC. 7. DEFINITIONS. In this Act: (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 Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. SEC. 8. FUNDING. Nothing in this Act or any amendment made by this Act shall be construed to authorize the appropriation of amounts to carry out this Act or any amendment made by this Act.

International Food Assistance Improvement Act of 2012 - Amends the Food for Peace Act to direct the Administrator of the U.S. Agency for International Development (USAID) to: (1) improve the nutritional quality of U.S. food assistance, particularly for groups such as pregnant and lactating mothers, children under the age of five, and beneficiaries under the President's Emergency Fund for AIDS Relief in Africa; and (2) work within the Food Aid Consultative Group to increase coordination and oversight of food assistance programs.

To direct the Administrator of the United States Agency for International Development to take appropriate actions to improve the nutritional quality, quality control, and cost effectiveness of United States food assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Homeland Security Act''. SEC. 2. ESTABLISHMENT. There is established the ``Commission on Homeland Security'' (in this Act referred to as the ``Commission''). SEC. 3. DUTY OF COMMISSION. The Commission shall study procedures to protect the security of the United States, including, but not limited to-- (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform security missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Federal Government, the States, and municipalities to protect security. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 21 members appointed as follows: (1) Five members appointed by the President, one of whom shall be the Assistant to the President for Homeland Security. (2) Four members appointed by the Speaker of the House of Representatives. (3) Four members appointed by the minority leader of the House of Representatives. (4) Four members appointed by the majority leader of the Senate. (5) Four members appointed by the minority leader of the Senate. (b) Qualifications.--Members of the Commission shall include individuals with expertise in information technology and security, civil liberties issues, and law enforcement issues. (c) Deadline for Appointment.--Members shall be appointed not later than 60 days after the date of the enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Pay.--Members shall serve without pay, but each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Assistant to the President for Homeland Security shall be the Chairperson of the Commission. SEC. 5. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Executive Director.--The Commission shall have an Executive Director who shall be appointed by the Commission. The Executive Director shall be paid at the rate of basic pay for level IV of the Executive Schedule. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Executive Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for GS-15 of the General Schedule. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. HEARINGS AND SESSIONS. The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission shall hold a minimum of eight hearings, including hearings in California, New York, Texas, Illinois, and Florida. SEC. 7. ADDITIONAL POWERS OF COMMISSION. (a) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (b) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (c) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. SEC. 8. REPORT. The Commission shall transmit a report to the President and Congress not later than 14 months after the date of the enactment of this Act containing a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislation and administrative actions that the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Commission on Homeland Security Act - Establishes a Commission on Homeland Security to study procedures to protect the security of the United States, including: (1) the efficiency and effectiveness with which Federal departments and agencies perform their security missions; (2) the adequacy of Federal personnel resources to perform such missions; (3) the adequacy and effectiveness of Federal controls over financial and information systems; (4) the accuracy, reliability, and security of personal identification information and systems used by the Federal Government under existing law; (5) how effectively Federal departments and agencies are organized to perform security missions; and (6) the effectiveness of relationships among, and activities of, the Government, the States, and municipalities to protect security.

To establish the Commission on Homeland Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Muhammad Ali Expansion Act''. SEC. 2. INCLUSION OF MIXED MARTIAL ARTS FIGHTERS. (a) Definitions.--Section 2 of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6301) is amended-- (1) by redesignating paragraphs (4) through (15) as paragraphs (5), (6), (7), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively; (2) by inserting after paragraph (3) the following: ``(4) Fighter.--The term `fighter' means an individual who fights in a professional mixed martial arts competition or other professional combat sport competition.''; (3) by inserting after paragraph (7), as so redesignated, the following: ``(8) Combat sport competition.--The term `combat sport competition' means a professional fight that allows fighters to use one or more forms of martial arts, including mixed martial arts. Such term does not include-- ``(A) a combat sport that allows the use of a weapon or foreign object; or ``(B) a competition that is regulated by an amateur sports organization.''; and (4) by adding at the end the following: ``(18) Mixed martial arts.--The term `mixed martial arts' means a full-contact combat sport that allows fighters to use both striking and grappling techniques, and both standing and on the ground, from a variety of other combat sports and martial arts.''. (b) Conforming Amendments.-- (1) Sections 3 through 21 (other than section 20) of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6301 et seq.) are amended-- (A) by inserting ``or fighter'' after ``boxer'' each place it appears; (B) by inserting ``and fighters'' after ``boxers'' each place it appears; (C) by inserting ``or combat sport competition'' after ``boxing match'' each place it appears; (D) by inserting ``and combat sport competitions'' after ``boxing matches'' each place it appears; (E) by inserting ``or competition'' after ``the match'' each place it appears; and (F) by striking ``boxing service provider'' and inserting ``boxing or combat sport service provider''. (2) Section 2 of such Act (15 U.S.C. 6301) is further amended-- (A) in paragraph (2), by inserting ``and combat sport competitions'' after ``professional boxing matches''; (B) in paragraphs (3), (6), and (14), by inserting ``and fighters'' after ``boxers'' each place it appears; (C) in paragraphs (4), (11), and (13), by inserting ``or fighter'' after ``boxer'' each place it appears; (D) in paragraphs (6), (9), and (14), by inserting ``or combat sport competition'' after ``professional boxing match'' each place it appears; (E) in paragraph (9), by inserting ``or competition'' after ``the match'' each place it appears; (F) in paragraphs (12) and (13), by striking ``boxing service provider'' and inserting ``boxing or combat sport service provider''; and (G) in paragraph (15) by inserting ``or combat sports'' after ``boxing''. (3) Section 3(2) of such Act (15 U.S.C. 6302(2)) is further amended by inserting ``and professional combat sports industry'' after ``professional boxing industry''. (4) Section 4(a) of such Act (15 U.S.C. 6303(a)) is further amended by inserting ``and combat sport regulations'' after ``professional boxing regulations''. (5) Section 6(c) of such Act (15 U.S.C. 6305(c)) is further amended by inserting ``and fighting'' after ``risk associated with boxing''. (6) Section 7(a)(2) of such Act (15 U.S.C. 6306(a)(2)) is further amended by inserting ``or compete'' after ``box''. (7) Section 9 of such Act is further amended-- (A) by striking ``Within 2'' and inserting the following: ``(a) Boxing Contracts.--Within 2''; and (B) by adding at the end the following: ``(b) Combat Sports Contracts.--Not later than 2 years after the date of enactment of the Muhammad Ali Expansion Act, the Association of Boxing Commissions (ABC) shall develop and shall approve by a vote of no less than a majority of its member State boxing commissioners, guidelines for minimum contractual provisions that should be included in bout agreements and mixed martial arts and other combat sport contracts. It is the sense of the Congress that State boxing commissions should follow these ABC guidelines.''. (8) Section 10(a) of such Act is further amended-- (A) in paragraph (1)(B), by inserting ``or fighter's'' after ``boxer's''; and (B) in paragraph (2)-- (i) by striking ``This subsection'' and inserting ``With respect to boxing contracts, this subsection''; and (ii) by adding at the end the following: ``With respect to mixed martial arts and other combat sport contracts, this subsection shall only apply to contracts entered into after the date of the enactment of the Muhammad Ali Expansion Act.''. (9) Section 11 of such Act is further amended-- (A) in subsection (a)-- (i) by striking ``Within 2'' and inserting the following: ``(1) Boxing contracts.--Within 2''; and (ii) by adding at the end the following: ``(2) Combat sports.--Not later than 2 years after the date of the enactment of the Muhammad Ali Expansion Act, the Association of Boxing Commissions shall develop and shall approve by a vote of no less than a majority of its member State boxing commissioners, guidelines for objective and consistent written criteria for the ratings of mixed martial arts and other combat sports. It is the sense of the Congress that sanctioning bodies and State boxing commissions should follow these ABC guidelines.''; and (B) in subsection (d)(1)(C) is amended by striking ``boxer's rating'' and inserting ``boxer or fighter's rating''. (10) Section 13 of such Act is further amended-- (A) in subsection (a), by striking ``boxer's purse'' and inserting ``boxer or fighter's purse''; and (B) in subsection (b), by striking ``boxer's purse'' and inserting ``boxer or fighter's purse''. (11) Section 17(b)(2)(B) of such Act (15 U.S.C. 6308(b)(2)(B)) is further amended by inserting ``, and fighters participating in a mixed martial arts competition or other combat sport competition scheduled for 11 minutes or more'' after ``10 rounds or more''. (12) Section 18(b)(3) of such Act (15 U.S.C. 6309(b)(3)) is further amended by inserting ``or combat sport'' after ``State boxing''.

Muhammad Ali Expansion Act This bill amends the Professional Boxing Safety Act of 1996 to: (1) establish definitions for "fighter," "combat sport competition," and "mixed martial arts"; and (2) include individuals who fight in a professional mixed martial arts competition or other professional combat sport competition, such competitions, and the professional combat sports industry within the scope of such Act. The bill requires the Association of Boxing Commissions, within two years after enactment of this bill, to establish: (1) guidelines for minimum contractual provisions that should be included in bout agreements and mixed martial arts and other combat sport contracts, and (2) guidelines for objective and consistent written criteria for the ratings of mixed martial arts and other combat sports. The bill applies conflict of interest provisions that prohibit a promoter from having a financial interest in the management of a boxer, or a manager from having a financial interest in the promotion of a boxer, to fighters participating in a mixed martial arts or other combat sport competition scheduled for 11 minutes or more.

Muhammad Ali Expansion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biased IRS Audit Systems Prevention Act''. SEC. 2. ENSURING AUDIT TRANSPARENCY AND FAIRNESS. (a) Audit Transparency.-- (1) In general.--The Secretary shall-- (A) not later than the time a taxpayer is notified a tax return has been selected for an audit by the Internal Revenue Service, provide to the taxpayer sufficient information regarding the reason the tax return was selected for an audit, and (B) preserve, in accordance with paragraph (3), and make available for review by an applicable oversight entity, any information or criteria used by the Internal Revenue Service in selecting a tax return for auditing. (2) Information required to be disclosed to the taxpayer.-- For purposes of paragraph (1)(A): (A) Returns selected based on computer modeling.-- In the case of any tax return selected for auditing based in whole or in part upon computer modeling, the information disclosed to the taxpayer shall include a description of any data used in such modeling which was-- (i) provided by the taxpayer, including whether such information was filed electronically by the taxpayer or transcribed from a return which was printed and filed on paper, and (ii) provided from information obtained by the Internal Revenue Service from sources other than the taxpayer. (B) Returns selected other than by computer modeling.--In the case of any tax return selected for auditing based in whole or in part upon a method other than computer modeling, the information disclosed to the taxpayer shall include the method employed and any data sources used by the examiner, including the methodology employed by the examiner for determining the validity of such sources. (C) No requirement to disclose identity of another taxpayer.--The Secretary is not required to disclose the return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) of any person other than the taxpayer whose return has been selected for audit. (3) Methodology for preserving information for oversight.-- For purposes of paragraph (1)(B)-- (A) In general.--The Secretary shall document and record how many returns are selected for auditing based on-- (i) randomized selection, (ii) scoring under the Discriminant Index Function System, (iii) a determination by an Internal Revenue Service examiner, (iv) any methodology not described in clauses (i) through (iii), and (v) any combination of methodologies described in clauses (i) through (iv). (B) Internally obtained information.--In the case of any tax return which is selected for audit in whole or in part based on information obtained by the Internal Revenue Service from sources other than the taxpayer, the Secretary shall document and record the source of such information. (4) Definitions.--For purposes of this subsection: (A) Applicable entity.--The term ``applicable oversight entity'' means any entity with responsibility for oversight of the activities of the Internal Revenue Service, including Congress, the Treasury Inspector General for Tax Administration, the Comptroller General, the National Taxpayer Advocate, and the Internal Revenue Service Oversight Board (as described in section 7802 of the Internal Revenue Code of 1986). (B) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or such Secretary's delegate. (5) Effective date.--This subsection shall apply to tax returns selected for audit after the date of the enactment of this Act. (b) Termination of Research Audits.-- (1) In general.--The Internal Revenue Service may not conduct any audit, investigation, or examination of a taxpayer that is primarily for the purpose of research. (2) Transfer of resources to prevent tax identity theft.-- (A) In general.--To the maximum extent possible, the Commissioner of Internal Revenue shall repurpose resources for the National Research Program to combating tax refund fraud and identity theft. (B) Report.--Not later than 6 months after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to Congress a report on the resources that have been repurposed pursuant to subparagraph (A).

Biased IRS Audit Systems Prevention Act This bill directs the Internal Revenue Service (IRS) to: (1)  provide a taxpayer who is selected for an audit sufficient information regarding the reason the taxpayer's return was selected for an audit and to preserve such information for review; (2) document and record how many returns are selected for audit based on randomized selection, scoring under the Discriminant Index Function System, a determination by an IRS examiner, and other methodologies; and (3) repurpose resources for the National Research Program (taxpayer data collection program) to combat tax refund fraud and identity theft. The bill prohibits the IRS from conducting any audit, investigation, or examination of a taxpayer that is primarily for research purposes.

Biased IRS Audit Systems Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``School-Based Respiratory Health Management Act''. SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED SCHOOL PERSONNEL TO ADMINISTER RESCUE MEDICATIONS FOR ALLERGIES AND REVERSIBLE LOWER AIRWAY DISORDERS. Section 399L(d) of the Public Health Service Act (42 U.S.C. 280g(d)) is amended-- (1) in paragraph (1)-- (A) by amending subparagraph (F) to read as follows: ``(F) School personnel administration of rescue medications for allergies and reversible lower airway disorders.--In determining the preference (if any) to be given to a State under this subsection, the Secretary shall give additional preference to a State that provides to the Secretary the certification described in subparagraph (G) and that requires that each public elementary school and secondary school in the State-- ``(i) has in place a plan for having on the premises of the school during all operating hours of the school a school nurse or one or more other individuals who are trained personnel of the school; and ``(ii) has in place under the direction of a school nurse a comprehensive school-based allergies and reversible lower airway disorders management program that includes-- ``(I) a method to identify all students of such school with a diagnosis of allergies and reversible lower airway disorders; ``(II) an individual student allergies and reversible lower airway disorders action plan for each student of such school with a diagnosis of allergies and reversible lower airway disorders; ``(III) allergies and reversible lower airway disorders education for school staff who are directly responsible for students who have been identified as having allergies or reversible lower airway disorders, such as education regarding basics, management, trigger management, and comprehensive emergency responses with respect to allergies and reversible lower airway disorders; ``(IV) rescue medications for allergies or reversible lower airway disorders and emergency policies that are specific to the school; ``(V) efforts to reduce the presence of environmental triggers of allergies and reversible lower airway disorders; and ``(VI) a system to support students with a diagnosis of allergies or reversible lower airway disorders through coordination with family members of such students, primary care providers of such students, and others as necessary.''; and (B) in subparagraph (G), by inserting ``or rescue medication for allergies or reversible lower airway disorders to a student reasonably believed to have a diagnosis of allergies or reversible lower airway disorders,'' after ``to a student reasonably believed to be having an anaphylactic reaction''; and (2) in paragraph (3)-- (A) in subparagraph (C)-- (i) by striking ``The term'' and inserting ``(i) The term''; and (ii) by adding at the end the following new clause: ``(ii) The term `rescue medications for allergies and reversible lower airway disorders' includes at least short-acting bronchodilators.''; and (B) in subparagraph (E)-- (i) in the matter preceding clause (i), by inserting ``, such as the school nurse'' after ``individual''; (ii) in clause (i)-- (I) by inserting ``school nurse or'' before ``principal''; and (II) by inserting ``and rescue medications for allergies and reversible lower airway disorders'' before ``on a voluntary basis''; (iii) in clause (ii), by inserting ``and rescue medications for allergies and reversible lower airway disorders'' before the semicolon; and (iv) in clause (iii), by inserting ``and rescue medications for allergies and reversible lower airway disorders'' before ``meets appropriate medical standards''.

School-Based Respiratory Health Management Act This bill amends the Public Health Service Act to revise the conditions under which the Department of Health and Human Services, in making asthma-related grants, gives preference to a state. A preference is given to states that require elementary and secondary schools to have: (1) on the premises during operating hours at least one individual trained in the administration of rescue medications for allergies and reversible lower airway disorders, and (2) an allergies and reversible lower airway disorders management program. Currently, this preference is given to states that require schools to have on the premises an individual trained in the administration of epinephrine to a student having a severe allergic reaction. To be eligible for this preference, a state must have civil liability protections for trained individuals who administer rescue medications for allergies and reversible lower airway disorders.

School-Based Respiratory Health Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer Research Fund Act of 1997''. SEC. 2. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 404F. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND. ``(a) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the `Cancer Research Trust Fund' (hereafter in this section referred to as the `Fund'), consisting of such amounts as are credited or paid to the Fund as provided for in section 6098 of the Internal Revenue Code of 1986 and any interest earned on investment of amounts in the Fund. ``(b) Investment of Trust Fund.-- ``(1) In general.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired-- ``(A) on original issue at the issue price, or ``(B) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, of the United States Code, are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the Public Debt; except that where such average rate is not a multiple of one-eighth of 1 percent, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest- bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. ``(2) Sale of obligation.--Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest. ``(3) Credits to trust fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(c) Obligations From Fund.-- ``(1) In general.--The Secretary of Health and Human Services shall annually make available such sums as are available in the Fund (including any amounts not obligated in previous fiscal years) to the National Institutes of Health for the conduct of biomedical, intramural and extramural research. ``(2) Director of nih.--The Director of the National Institutes of Health may distribute amounts made available under paragraph (1) among the various research institutes and centers of the National Institutes of Health to enable such institutes and centers to conduct research that the Director determines is appropriate. The Director shall make awards from amounts available under paragraph (1) for research on cancer. ``(d) Supplement Not Supplant.--Amounts provided to an institute or center under subsection (c) shall be used to supplement and not supplant other research conducted with Federal funds. ``(e) Limitation.--No expenditure shall be made under subsection (c)(1) during any fiscal year in which the annual amount appropriated for the National Institutes of Health is less than the amount so appropriated for the prior fiscal year.''. SEC. 3. AMENDMENT TO INTERNAL REVENUE CODE OF 1986. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS TO CANCER RESEARCH TRUST FUND ``Sec. 6098. Designation to Cancer Research Trust Fund. ``SEC. 6098. DESIGNATION TO CANCER RESEARCH TRUST FUND. ``(a) In General.--Every individual (other than a nonresident alien) may-- ``(1) designate that a portion (not less than $1) of any overpayment of the tax imposed by chapter 1 for the taxable year, and ``(2) provide that a cash contribution (not less than $1), be paid over to the Cancer Research Trust Fund in accordance with the provisions of section 404F of the Public Health Service Act. In the case of a joint return of a husband and wife, each spouse may designate one-half of any such overpayment of tax (not less than $2). ``(b) Manner and Time of Designation.--Any designation or payment under subsection (a) may be made with respect to any taxable year only at the time of filing the original return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made on the page bearing the taxpayer's signature, and in close proximity to such signature, and shall be labeled `Cancer Research Fund'. ``(c) Overpayments Treated as Refunded.--For purposes of this section, any overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last day prescribed for filing the return of tax imposed by chapter 1 (determined with regard to extensions) or, if later, the date the return is filed.'' (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Designation of overpayments and contributions to Cancer Research Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Cancer Research Fund Act of 1997 - Amends the Public Health Service Act to establish in the Treasury the Cancer Research Trust Fund (hereafter referred to as the "Fund") consisting of such amounts as are credited or paid to the Fund as provided for under the Internal Revenue Code (as amended by this Act) and any interest earned on investment of amounts in the Fund. Directs the Secretary of Health and Human Services to annually make available such sums as are available in the Fund (including any amounts not obligated in previous fiscal years) to the National Institutes of Health (NIH) for the conduct of biomedical, intramural, and extramural research. Prohibits an expenditure from being made during any fiscal year in which the annual amount appropriated for NIH is less than the amount so appropriated for the prior fiscal year. Authorizes the NIH Director to distribute amounts made available among the various research institutes and centers to conduct research that the Director determines is appropriate. Requires the Director to make awards from such amounts available for research on cancer. Requires amounts provided to an institute or center to be used to supplement and not supplant other research conducted with Federal funds. (Sec. 3) Amends the Internal Revenue Code to allow every individual (other than a nonresident alien) to: (1) designate that a portion (not less than one dollar) of any overpayment of tax; and (2) provide that a cash contribution (not less than one dollar), be paid over to the Cancer Research Trust Fund in accordance with the Public Health Service Act. Allows each spouse, in the case of a joint return, to designate one-half of any such overpayment of tax (not less than two dollars).

Cancer Research Fund Act of 1997

SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION. ``(a) Definitions.--In this section: ``(1) Agency.--The term `agency' includes-- ``(A) any instrumentality of the United States; ``(B) any element of an agency; and ``(C) any wholly owned or mixed-owned corporation of the Federal Government identified in chapter 91 of title 31, United States Code. ``(2) Alexander creek.--The term `Alexander Creek' means Alexander Creek, Incorporated, a Village Corporation recognized and organized pursuant to section (b). ``(3) Region.--The term `Region' means Cook Inlet Region Incorporated, a Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 14(h). ``(b) Recognition of the Village of Alexander Creek.--Subject to the limitations of this section and notwithstanding subsection (d) of section 1432 of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2543) or any conveyance under that section, Alexander Creek, Incorporated, a Group Corporation organized pursuant to this Act located within T. 15 N., R. 7 W., Seward Meridian, Alaska, is recognized as an eligible Native village under section 11(b)(3). ``(c) Organization of Alexander Creek.--As soon as practicable after the date of enactment of this section, Alexander Creek shall file in the State-- ``(1) any amendments to the corporate charter of Alexander Creek that are necessary to convert from a Group Corporation to a Village Corporation; and ``(2) any amendments to the corporate charter and governing business documents of Alexander Creek that are necessary to fulfill the terms of the agreement authorized under subsection (d). ``(d) Negotiations; Agreement.-- ``(1) In general.--Not later than 30 days after the date of enactment of this section, the Secretary shall commence negotiations with Alexander Creek to fairly and equitably settle any aboriginal land claims and any other claims that Alexander Creek has against the United States. ``(2) Agreement.-- ``(A) Deadline.--Not later than 13 months after the date of enactment of this section, the Secretary shall enter into an agreement with Alexander Creek relating to the claims described in paragraph (1). ``(B) Terms.--Notwithstanding the prior status of Alexander Creek as a Group Corporation, an agreement under this paragraph shall be in approximate value parity, considering inflation, with agreements of other Village Corporations. ``(C) Availability of funds.--Any funds to be provided for Alexander Creek under an agreement entered into under this paragraph shall be available subject to appropriations. ``(D) Applicable law.-- ``(i) In general.--The Secretary shall carry out an agreement entered into under this paragraph-- ``(I) in accordance with this section and other existing authorities; and ``(II) in coordination with the Administrator of General Services pursuant to section 549 of title 40, United States Code, with respect to property to be transferred to Alexander Creek pursuant to the agreement, subject to clause (ii). ``(ii) Consideration as state.-- Notwithstanding paragraphs (2) and (3) of section 549(a) of title 40, United States Code, Alexander Creek shall be considered a `State' and a `State agency' under that section for the purposes of the Secretary carrying out an agreement under this paragraph. ``(e) Shareholder Participation.-- ``(1) In general.--Alexander Creek shall notify each member of the Village Corporation recognized under subsection (b) that, as of the date of enactment of this section-- ``(A) the member shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m); and ``(B) all future resource payments from the Region shall be made to the Village Corporation pursuant to section 7(j). ``(2) Limitation of liability.--The Region shall not be liable under any Federal, State, or local law or under Federal or State common law for damages arising out of or related to the cessation of payments to the members of Alexander Creek described in paragraph (1)(A). ``(f) Effect.--Except as provided in this section with respect to Alexander Creek, nothing in this section-- ``(1) modifies or amends any land conveyance entitlement or conveyance agreement-- ``(A) between the Region and a Village Corporation (other than Alexander Creek) in the Region; ``(B) between the Region and the Federal Government; or ``(C) between any party described in subparagraph (A) or (B) and the State; or ``(2) reduces the land entitlement to which Alexander Creek became entitled as a Group Corporation, including the land selected by and conveyed to Alexander Creek on the date of enactment of this section.''.

This bill amends the Alaska Native Claims Settlement Act to recognize Alexander Creek as a Native village. Currently, Alexander Creek is recognized as a Native group. (Under the Act, a Native village is entitled to more land than a Native group.) Alexander Creek must file any amendments to its corporate charter that are necessary to convert from a Native group to a Native village. The Department of the Interior must negotiate with Alexander Creek to fairly and equitably settle aboriginal land claims and any other claims against the United States. Alexander Creek must notify its members that the Cook Inlet regional corporation will make future payments to the village instead of to individual members. The regional corporation is not liable for damages related to cessation of payments to individual members of Alexander Creek.

A bill to amend the Alaska Native Claims Settlement Act to recognize Alexander Creek, Alaska, as a Native village, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Cancer Registry Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Studies conducted since the 1990s have indicated a strong link between firefighting and an increased risk for several major cancers. (2) The cancers identified as most common among firefighters according to these studies include testicular cancer, which male firefighters are 102 percent more likely to be diagnosed with, stomach cancer, multiple myeloma, and brain cancer, among several others. (3) The heightened incidence of cancer among firefighters has been attributed to their frequent exposure to a range of harmful substances including resultant pyrolysis products, toxic particulates, gases and fumes, metals such as cadmium and lead, chemical substances such as benzene and vinyl chloride, and minerals such as asbestos and silicates. (4) An extensive 2014 study conducted by the National Institute of Occupational Safety and Health (NIOSH) over the course of several years and which included almost 30,000 firefighters found that firefighters were at an increased risk of being diagnosed with malignant mesothelioma and found potential links between exposure to fire incidents and heightened risks for lung cancer and leukemia, among several others. (5) Past studies examining cancer incidence among firefighters have been limited by the availability and standardization of important epidemiological data, relatively small sample sizes, inconsistencies in the operationalization of key terms and metrics, incomplete employment histories, and an underrepresentation of minority, female, and volunteer firefighters. (6) Today, many States across the country maintain cancer registries that collect and collate information regarding cancer diagnoses, demographic information, and treatment plans. State cancer registries have greatly contributed to overcoming these obstacles by offering centralized repositories of information, which researchers in the public and private sectors can access when conducting research on cancer risks. (7) While these State-based cancer registries undoubtedly contribute to furthering research related to assessing cancer incidence among firefighters, a special purpose national cancer registry would provide researchers and public health agencies with more direct and comprehensive access to the specific set of information they need to conduct more robust, focused, and epidemiologically rigorous research on cancer incidence among firefighters. (8) Efforts to understand cancer incidence among firefighters through a specialized national cancer registry will better inform the kinds of precautions firefighters should take in the future, improve our understanding of key epidemiological trends, and potentially lead to the development of more sophisticated safety protocols to lower cancer risks. SEC. 3. PATIENT REGISTRY FOR FIREFIGHTER CANCER INCIDENCE. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and maintain a voluntary patient registry to collect data on cancer incidence among firefighters. (b) Use of Registry.--The patient registry shall be used for the following purposes: (1) To establish and improve collection infrastructure and activities related to the nationwide monitoring of the incidence of cancer among firefighters. (2) To collect, consolidate, store, and make publicly available epidemiological information related to cancer incidence and trends among firefighters. (c) Relevant Data.--In carrying out the voluntary data collection for purposes of inclusion under the patient registry under subsection (a), the Secretary should seek to include the following de-identified information: (1) With respect to cancer diagnoses and treatment of firefighters, de-identified information on-- (A) full detailing of physical examinations and medical history; (B) complete detailing of all relevant diagnostic tests and lab procedures; (C) complete detailing of all pathology and operative reports; and (D) complete detailing of treatments undergone or planned. (2) With respect to individual patient history relating to the incidence of cancer among firefighters, de-identified information on-- (A) basic demographic information, including the age of the firefighter involved and age of onset of cancer; (B) a listing of status of the firefighter as either volunteer, paid-on-call, or career firefighter; (C) the number of years on the job and a detailing of additional employment experience that was either performed concurrently alongside firefighting service or anytime thereafter; (D)(i) a measure of the number of fire incidents attended as well as the type of fire incidents (such as residential house fire or commercial fire); or (ii) in the case of a firefighter who is unable to provide information on such number and type, an estimate of such number and type based on the method developed under subsection (d)(2); and (E) a list of additional risk factors, including smoking or drug use, as determined relevant by the Secretary. (3) Any additional information that is deemed necessary by the Secretary. (d) Methods.-- (1) In general.--For the purposes described in subsection (b), the Secretary is authorized to incorporate questions into public health surveys, questionnaires, and other databases in existence as of the date of enactment of this Act. (2) Ensuring representation of underrepresented groups in registry.--In carrying out this section, the Secretary shall take such measures as the Secretary deems appropriate to encourage the inclusion of data on minority, female, and volunteer firefighters in the registry established under this section. (3) Method to estimate number and type of fire incidents.-- For purposes of subsection (c)(2)(D), the Secretary, in consultation with the experts described in subsection (e), shall develop a reliable and standardized method for estimating the number of fire incidents attended by a firefighter as well as the type of fire incident so attended in the case such firefighter is unable to provide such information. (e) Consultation.--The Secretary shall, on a regular basis, seek feedback regarding the utility of the registry established under this section and ways the registry can be improved from non-Federal experts in the following areas: (1) Public health experts with experience in developing and maintaining cancer registries. (2) Epidemiologists with experience in studying cancer incidence. (3) Clinicians with experience in diagnosing and treating cancer incidence. (4) Active and retired volunteer, paid-on-call, and career firefighters as well as relevant national fire and emergency response organizations. (f) Research Availability.--The Secretary shall develop and make public an approval process for making de-identified cancer registry data submitted for inclusion in the patient registry developed under subsection (a) available without a fee for public research purposes. Such process shall provide that such data shall be made available for such research purposes only if there is an agreement to make findings, journal articles, or other print or web-based publications derived from such research public or available to the relevant stakeholders identified in subsection (e)(4). (g) Privacy.--In carrying out this Act, the Secretary shall apply to the registry developed under subsection (a) data security provisions and privacy standards that comply with the best practices of the Centers for Disease Control and Prevention, as defined by the National Institute of Standards and Technology in Special Publication 800-37 revision 1, as well as the HIPAA privacy regulation, as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d- 9(b)(3)). (h) Authorization of Funds.--To carry out this section, there are authorized to be appropriated $2,500,000 for each of the fiscal years 2017 through 2021.

Firefighter Cancer Registry Act of 2016 This bill requires the Centers for Disease Control and Prevention (CDC) to develop and maintain a voluntary patient registry to monitor, collect, and make available epidemiological information related to cancer incidence and trends among firefighters. The CDC should seek to include specified information in the registry, including the number and type of fire incidents attended by an individual. To collect information for the registry, the CDC may incorporate questions into existing public health surveys, questionnaires, and other databases. The CDC must: (1) encourage the inclusion in the registry of data on minority, female, and volunteer firefighters; and (2) seek feedback on the registry from nonfederal experts. The CDC must develop an approval process for making registry data available for research without a fee if findings or publications derived from the research are made public or available to stakeholders.

Firefighter Cancer Registry Act of 2016

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Hazard Reporting Protection Act of 1999''. (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 in a section or other provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) SEC. 2. EMPLOYEE ACTIONS. Section 11(c)(1) (29 U.S.C. 660(c)(1) is amended by adding at the end the following: ``including reporting any injury, illness or unsafe condition.'' SEC. 3. PROHIBITION OF DISCRIMINATION. Section 11(c) (29 U.S.C. 660(c)) is amended by striking out paragraph (2) and inserting in lieu thereof the following: ``(2) No person shall discharge or in any manner discriminate against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. The circumstances causing the employee's apprehension of serious injury must be of such a nature that a reasonable person would conclude that there is a danger of serious injury or serious impairment of health. In order to qualify for protection, where possible, the employee must have communicated to his employer the danger perceived.''. SEC. 4. PROCEDURE. Section 11(c) (29 U.S.C. 660(c)) is amended by striking out paragraph (3) and inserting in lieu thereof the following: ``(3) Any employee who believes that he has been discharged, disciplined, or otherwise discriminate against in violation of paragraph (1) or (2) may, within 180 days after such alleged violation occurs, file (or have filed by any person on the employee's behalf) a complaint with the Secretary alleging such discharge, discipline, or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. ``(4)(A) Within 90 days of receipt of a complaint filed under paragraph (3), the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify the complainant and the person alleged to have committed the violation of paragraph (1) or (2) of the Secretary's findings. Where the Secretary has concluded that there is reasonable cause to believe that a violation has occurred, the Secretary's findings shall be accompanied by a preliminary order providing the relief prescribed by paragraph (D). ``Thereafter, ``(i) the person alleged to have committed the violation or the complainant may, within 30 days, file objections to the findings or preliminary order, or both, and request a hearing on the record, except that the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. ``(ii) Where a hearing is not timely requested, the preliminary order shall be deemed a final order which is not subject to judicial review. ``(B) If the Secretary has not issued findings under paragraph (4)(A) within 90 days, and the employee or representative of the employee files a request for a hearing with the Secretary, the Secretary shall afford an opportunity for a hearing on the record. ``(C) When requested, a hearing shall be conducted by an administrative law judge of the Department of Labor and a recommended decision and order issued expeditiously. The legal burdens of proof that prevail under section 1221 of title 5, United States Code, shall govern adjudication of violations under this subsection. The Secretary shall issue a final order within 120 days of the issuance of the recommended decision. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. ``(D) If, in response to a complaint filed under paragraph (3), the Secretary determines that a violation of paragraphs (1) or (2) has occurred, the Secretary may order-- ``(i) the person who committed such violation to correct the violation, ``(ii) such person to reinstate the complainant to the complainant's former position together with the compensation (including back pay), terms, conditions, and privileges of the position, ``(iii) compensatory damages, and ``(iv) exemplary damages. Upon issuance of such an order, the Secretary may assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's fees and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued, including costs and expenses incurred upon review before a court of appeals. ``(E) In conducting an investigation or adjudication under this paragraph, the provisions of section 8(b) of this act shall apply. ``(5)(A) Any person adversely affected or aggrieved by a final order issued under paragraph (4)(C) may obtain review of the order before the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, occurred, or the circuit in which such person resided on the date of such violation. The petition for review must be filed within 60 days from the issuance of the Secretary's order. Such review shall be in accordance with the provisions of chapter 7 of title 5, United States Code. An order of the Secretary subject to review under this subsection is not subject to judicial review in a criminal or other civil proceeding. The commencement proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary. ``(B) Whenever a person has failed to comply with a final order or an order of reinstatement issued under paragraph (4), the Secretary or the person on behalf of whom the order was issued may file a civil action in the United States district court for the district in which the violation was found to occur in order to enforce such order. In actions brought under this subparagraph, the district court shall have jurisdiction to grant additional appropriate relief in light of the noncompliance.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect ninety days after the date of enactment of this Act.

Hazard Reporting Protection Act of 1999 - Amends the Occupational Safety and Health Act of 1970 to revise and expand protections for employees reporting workplace hazards to the Occupational Safety and Health Administration. Includes reporting any injury, illness or unsafe condition among those employee actions in exercise of their rights under the Act for which employers are prohibited from discharging or otherwise discriminating against them. Prohibits discharging or discriminating against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. Allows discrimination complaints to be filed by other persons on behalf of employees, or directly by employees. Extends from 30 to 180 days the deadline for filing a complaint after an alleged violation. Requires a preliminary order providing relief to accompany any findings of the Secretary of Labor that there is reasonable cause to believe that a violation has occurred. Authorizes the Secretary to order various types of preliminary and final relief, including correction of violations, reinstatement, compensatory and exemplary damages, and payment of legal costs. Sets forth administrative and judicial review procedures.

Hazard Reporting Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``PLO Accountability Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The Palestine Liberation Organization (PLO) Mission office, representing the PLO, and by extension, the Palestinian Authority (PA), in Washington, DC, was opened in 1994 in order to implement the Oslo Accords, which initiated direct negotiations between the PLO and the Government of Israel. (2) Section 1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204; 22 U.S.C. 5202), makes it unlawful to ``establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by the Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof''. (3) Using various authorities, the executive branch has waived the provisions of section 1003 of the Anti-Terrorism Act of 1987. (4) Article XXXI, clause 7, of the Israeli-Palestinian Interim Agreement on the Status of the West Bank and the Gaza Strip (September 28, 1995) states that ``Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations''. (5) In January 2009, the PLO sent a declaration to the International Criminal Court under Article 12(3) of the Rome Statute of the International Criminal Court on behalf of the Palestinian Authority. (6) On October 31, 2011, the United Nations Educational, Scientific and Cultural Organization (UNESCO) voted to admit the ``State of Palestine'' as its 195th full member. Since being admitted, the Palestinians have used UNESCO to pass anti- Israel resolutions, including a recent effort to deny the historical connection of the Jewish people to holy sites including the Temple Mount and Western Wall in Jerusalem. (7) On November 29, 2012, the United Nations General Assembly voted to accord the ``State of Palestine'' status as a nonmember observer State at the United Nations. (8) On April 2, 2014, the PLO joined the Geneva Conventions as well as 13 other organizations. (9) On January 2, 2015, the PLO acceded to the Rome Statute, and on January 16, 2015, the Prosecutor of the International Criminal Court opened a ``preliminary examination of the situation in Palestine'' after accepting jurisdiction of the International Criminal Court over ``alleged crimes committed in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014''. (10) The PLO's decision to accede to the Rome Statute as well as several international organizations is an attempt to change the status of the West Bank and the Gaza Strip outside of direct negotiations between the Israelis and Palestinians. (11) On January 7, 2015, the Department of State's Office of the Spokesperson stated, ``we have made clear our opposition to Palestinian action in seeking to join the Rome Statute of the International Criminal Court''. (12) On April 1, 2015, the ``State of Palestine'' officially became a member of the International Criminal Court. (13) The PLO and PA continue to engage in incitement and glorify terrorism, and reward terrorists, their families, and the families of those who died committing terrorist attacks with roughly $300,000,000 annually in salaries and benefits, providing a higher reward to those with longer jail sentences. (14) On August 30, 2016, Deputy Secretary of State, Anthony J. Blinken, submitted to Congress a report as required under section 804(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246), sections 603 and 604 of the Middle East Peace Commitments Act of 2002 (subtitle A of title VI of Public Law 107-228), and section 699 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228). (15) In this report, Deputy Secretary of State Blinken, acting under authority delegated to him as Deputy Secretary pursuant to the President's Delegation of Functions on April 30, 2009, made the determination that ``the PLO and PA are not in compliance with certain commitments to prevent violations, discipline violators, and assume responsibility over all PLO elements . . . thus the sanction specified in section 604(a)(2) of [Public Law 107-228], calling for a downgrade in status of the PLO office in Washington, DC, has been imposed''. (16) On January 31, 2017, then Acting Secretary of State, Thomas Shannon, pursuant to the President's Delegation of Functions dated April 30, 2009, submitted to Congress a similar report to Congress as required under section 804(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, sections 603 and 604 of the Middle East Peace Commitments Act of 2002, and section 699 of the Foreign Relations Authorization Act, Fiscal Year 2003, in which the same determination was made that the PLO and PA are not in compliance with their commitments, and imposed the same sanction of a downgrade in the status of the PLO office in Washington, DC. (17) In both the August 30, 2016, and January 31, 2017, reports, the sanctions were immediately waived. (18) Section 604(a) of the Foreign Relations Authorization Act, Fiscal Year 2003 requires that if the President determines that the PLO or the Palestinian Authority has not complied with each of the commitments specified in such section, the President shall impose one or more of the following sanctions: (A) The denial of visas to PLO and PA officials. (B) The downgrade in status of the PLO office in the United States. (C) The designation as a foreign terrorist organization of the PLO, or one or more of its constituent groups (including Fatah). (D) The prohibition on United States assistance to the West Bank and Gaza (except humanitarian assistance). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Palestine Liberation Organization (PLO) has failed to live up to its commitment to a bilateral peace process with Israel, renounce violence, accept Israel's right to exist, honor previous diplomatic agreements made by the Palestinians, and continues to circumvent a negotiated settlement with Israel by seeking unilateral statehood at the United Nations and from other countries, actively endorsing terror, and supporting boycotts, divestments, and sanctions (BDS) against Israel; (2) the Palestinian initiation of an International Criminal Court preliminary examination, investigation, or active support for such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians, is part of a deliberate effort to engage in diplomatic, legal warfare against Israel and would violate the Palestinians' commitment to not change the status of the West Bank and Gaza Strip; (3) the only path towards solving the conflict is through direct negotiations between Israel and the Palestinians; (4) the Palestinians should not turn to outside parties, including international organizations, to impose or otherwise influence a solution; (5) it is in the national security interests of the United States to close down the PLO office in Washington, DC; and (6) the executive branch should avail itself of the range of sanctions as allowed under the authority to impose sanctions under section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) in order to hold the Palestinian leadership accountable. SEC. 4. PROHIBITIONS REGARDING THE PALESTINE LIBERATION ORGANIZATION UNDER THE ANTI-TERRORISM ACT OF 1987. Section 1003 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5202) is amended-- (1) by striking ``It shall be unlawful'' and inserting ``(a) In General.--It shall be unlawful''; and (2) by adding at the end the following: ``(b) Waiver.--Notwithstanding any other provision of law, including section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), the President may waive for a period of not more than 6 months the provisions of subsection (a) if the President determines and certifies in writing to Congress, not later than 45 days before the waiver is to take effect, that-- ``(1)(A) the Palestinians have not, on or after January 1, 2017, obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; ``(B) the Palestinians have officially ceased to be members of the International Criminal Court (ICC) and have withdrawn from the Rome Statute of the International Criminal Court; ``(C) any preliminary examination or ongoing investigation against Israel, the Government of Israel, the Israeli Armed or Security Forces, or any Israeli national initiated by, or on behalf of, the Palestinians, or referred to the ICC by a state party, the United Nations Security Council, or a Pre-Trial Chamber has been withdrawn and terminated; ``(D) the PLO and the Palestinian Authority no longer provide any financial award, payment, salary or benefit to Palestinians who have committed terrorist attacks, their families, or the families of those who died committing acts of terrorism; ``(E) the PLO and the Palestinian Authority has ceased to engage in a pattern of incitement against or with respect to the United States or Israel; or ``(2) the Palestinians have entered into a final negotiated peace agreement with, and have ceased all hostilities against, Israel. ``(c) Definition.--In subsection (b)(1)(E), the term `incitement' means to advocate, endorse, or express support for violence, martyrdom, or terrorism, or glorify, honor, or otherwise memorialize any person or group that has advocated, sponsored, or committed acts of terrorism, including the naming after or dedication to such person or group of any school, community center, camp, sports team, stadium, public square, street, land, landmark, waterway, or other facility.''.

PLO Accountability Act of 2017 This bill amends the Anti-Terrorism Act of 1987 to authorize the President to waive for up to six months the prohibition against establishment or maintenance of Palestine Liberation Organization (PLO) offices, headquarters, premises, or other facilities within U.S. jurisdiction if the President certifies to Congress that the Palestinians have entered into a final negotiated peace agreement with, and have ceased hostilities against, Israel or that: the Palestinians have not, on or after January 1, 2017, obtained state standing in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; the Palestinians have officially ceased to be International Criminal Court (ICC) members and have withdrawn from the Rome Statute of the ICC; any ICC investigation against Israel initiated by, or on behalf of, the Palestinians has been withdrawn and terminated; the PLO and the Palestinian Authority (PA) no longer provide financial awards, payments, salaries, or benefits to Palestinians who have committed terrorist attacks, their families, or the families of those who died committing acts of terrorism; and the PLO and the PA have ceased to engage in a pattern of incitement against the United States or Israel.

PLO Accountability Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unfunded Mandates Accountability Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The public has a right to know the benefits and costs of regulation. Regulations impose significant costs on individuals, employers, State, local, and tribal governments, diverting resources from other important priorities. (2) Better regulatory analysis and review should improve the quality of agency decisions, increasing the benefits and reducing unwarranted costs of regulation. (3) Disclosure and scrutiny of key information underlying agency decisions should make Government more accountable to the public it serves. SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES. Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.''; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (3) by striking subsection (a) and inserting the following: ``(a) Definition.--In this section, the term `cost' means the cost of compliance and any reasonably foreseeable indirect costs, including revenues lost as a result of an agency rule subject to this section. ``(b) In General.--Before promulgating any proposed or final rule that may have an annual effect on the economy of $100,000,000 or more (adjusted for inflation), or that may result in the expenditure by State, local, and tribal governments, in the aggregate, of $100,000,000 or more (adjusted for inflation) in any 1 year, each agency shall prepare and publish in the Federal Register an initial and final regulatory impact analysis. The initial regulatory impact analysis shall accompany the agency's notice of proposed rulemaking and shall be open to public comment. The final regulatory impact analysis shall accompany the final rule. ``(c) Content.--The initial and final regulatory impact analysis under subsection (b) shall include-- ``(1)(A) an analysis of the anticipated benefits and costs of the rule, which shall be quantified to the extent feasible; ``(B) an analysis of the benefits and costs of a reasonable number of regulatory alternatives within the range of the agency's discretion under the statute authorizing the rule, including alternatives that-- ``(i) require no action by the Federal Government; and ``(ii) use incentives and market-based means to encourage the desired behavior, provide information upon which choices can be made by the public, or employ other flexible regulatory options that permit the greatest flexibility in achieving the objectives of the statutory provision authorizing the rule; and ``(C) an explanation that the rule meets the requirements of section 205; ``(2) an assessment of the extent to which-- ``(A) the costs to State, local, and tribal governments may be paid with Federal financial assistance (or otherwise paid for by the Federal Government); and ``(B) there are available Federal resources to carry out the rule; ``(3) estimates of-- ``(A) any disproportionate budgetary effects of the rule upon any particular regions of the Nation or particular State, local, or tribal governments, urban or rural or other types of communities, or particular segments of the private sector; and ``(B) the effect of the rule on job creation or job loss, which shall be quantified to the extent feasible; and ``(4)(A) a description of the extent of the agency's prior consultation with elected representatives (under section 204) of the affected State, local, and tribal governments; ``(B) a summary of the comments and concerns that were presented by State, local, or tribal governments either orally or in writing to the agency; and ``(C) a summary of the agency's evaluation of those comments and concerns.''; (4) in subsection (d) (as redesignated by paragraph (2) of this subsection), by striking ``subsection (a)'' and inserting ``subsection (b)''; and (5) in subsection (e) (as redesignated by paragraph (2) of this subsection), by striking ``subsection (a)'' each place that term appears and inserting ``subsection (b)''. SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED. Section 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1535) is amended to read as follows: ``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED. ``Before promulgating any proposed or final rule for which a regulatory impact analysis is required under section 202, the agency shall-- ``(1) identify and consider a reasonable number of regulatory alternatives within the range of the agency's discretion under the statute authorizing the rule, including alternatives required under section 202(c)(1)(B); and ``(2) from the alternatives described under paragraph (1), select the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the statute.''. SEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES. (a) In General.--Section 421(1) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is amended by striking ``, but does not include independent regulatory agencies''. (b) Exemption for Monetary Policy.--The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after section 5 the following: ``SEC. 6. EXEMPTION FOR MONETARY POLICY. ``Nothing in title II, III, or IV shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.''. SEC. 6. JUDICIAL REVIEW. Section 401 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1571) is amended to read as follows: ``SEC. 401. JUDICIAL REVIEW. ``(a) In General.--For any rule subject to section 202, a party aggrieved by final agency action is entitled to judicial review of an agency's analysis under and compliance with subsections (b) and (c)(1) of section 202 and section 205. The scope of review shall be governed by chapter 7 of title 5, United States Code. ``(b) Jurisdiction.--Each court having jurisdiction to review a rule subject to section 202 for compliance with section 553 of title 5, United States Code, or under any other provision of law, shall have jurisdiction to review any claims brought under subsection (a) of this section. ``(c) Relief Available.--In granting relief in an action under this section, the court shall order the agency to take remedial action consistent with chapter 7 of title 5, United States Code, including remand and vacatur of the rule.''. SEC. 7. EFFECTIVE DATE. This Act shall take effect 90 days after the date of enactment of this Act.

Unfunded Mandates Accountability Act of 2011 - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking; (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments; (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative; (4) define "cost" as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking; (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review; and (6) expand provisions relating to judicial review of regulatory impact analyses. Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses.

To amend the Unfunded Mandates Reform Act of 1995 to provide for regulatory impact analyses for certain rules, consideration of the least burdensome regulatory alternative, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Humanitarian Assistance Facilitation Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The 2011-2012 drought in East Africa, part of a persistent weather trend in the region, was exacerbated by stagnating agricultural development and unsustainable forms of livelihood. Moreover, in Somalia, the hardest hit country in the region, the terrorist group al-Shabaab obstructed the delivery of humanitarian assistance and directly threatened aid agencies. Thus, the famine was a foreseeable and, with unimpeded delivery of aid, a preventable event. (2) It is estimated that 4 million Somalis were affected by the drought and famine in the region and several million remain vulnerable to this day. According to the May 2013 report issued by the United Nations Food and Agriculture Organization and the Famine Early Warning System Network, the Somalia famine resulted in 258,000 deaths between October 2010 and April 2012. More than half of those deaths were children under the age of five. (3) Because of laws prohibiting activities that may directly or indirectly support terrorist organizations, a general or specific license issued by the Department of the Treasury's Office of Foreign Assets Control (OFAC) is needed to enable United States humanitarian organizations to legally provide assistance in al-Shabaab-controlled areas of Somalia particularly with respect to activities that require interactions or dealings with al-Shabaab. (4) The United States Agency for International Development (USAID) has an OFAC-specific license to operate in these conditions in Somalia that covers the organizations that USAID funds, but not organizations that operate with their own funding or funding solely from non-United States Government sources, and also not the non-United States Government funding of organizations that operate with both United States Government and non-United States Government funding, unless USAID authorizes both types of funding to be covered under such OFAC-specific license. Organizations that operate in al- Shabaab-controlled areas without such a license can be subject to prosecution for violating United States law, at least with respect to activities or transactions that involve al-Shabaab, even incidentally. (5) Prior to OFAC issuing USAID its license, no licenses for humanitarian assistance to the people of Somalia were issued before the United Nations declared a famine in al- Shabaab-controlled areas of Somalia. (6) In pursuit of eliminating aid in any form to terrorist organizations, Executive orders have had the effect of undoing protections for humanitarian operations in areas controlled by such organizations previously contained in the International Emergency Economic Powers Act (50 U.S.C.1701 et seq.) and sections 2339A and 2339B of title 18, United States Code (commonly known as the ``Material Support Statutes''). Furthermore, the prohibitions contained in such Executive orders and the Material Support Statutes discouraged and, in some instances, prohibited donors from contributing to aid efforts for all of Somalia. In some cases, the unintended consequences included preventing humanitarian organizations from establishing access to civilians and providing them with life-saving aid, while empowering terrorist organizations that became the sole conduit of aid. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that humanitarian organizations, acting in good faith and with the appropriate restrictions and controls in place, should not be prevented, directly or indirectly by Executive orders or counterterrorism laws, from accessing and providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. SEC. 4. AMENDMENTS TO SECTION 203 OF THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT. (a) Additional Exception.-- (1) In general.--Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended-- (A) in subsection (b)(2)-- (i) by inserting after ``to relieve human suffering'' the following: ``including donations to foreign persons subject to sanctions under this Act in order to achieve such purposes,''; and (ii) by striking ``or'' at the end; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b) the following: ``(c) Additional Exception.-- ``(1) In general.--The authority granted to the President by this section does not include the authority to further restrict, by regulation or otherwise, directly or indirectly-- ``(A) transactions, by a person subject to the jurisdiction of the United States, with a foreign person that is subject to sanctions under this Act that are customary, necessary, and incidental to the donation or provision of goods or services by the person subject to the jurisdiction of the United States or its foreign representatives to civilian populations to prevent or alleviate the suffering of such civilian populations, if-- ``(i) the person subject to the jurisdiction of the United States has acted in good faith without intent to further the aims or objectives of the foreign person and has used its best efforts to minimize any such transactions; ``(ii) the goods or services provided to the civilian population-- ``(I) are limited to articles such as food, clothing, and medicine; and ``(II) are not capable of being used to carry out any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))); ``(iii) the person subject to the jurisdiction of the United States-- ``(I) prior to, or not later than 10 business days after, the first instance of entering into any transaction described in this subparagraph, provides to the Secretary of State initial notice summarizing the nature and extent of its operations in connection with providing such goods or services; and ``(II) at least once each year during which the person enters into any transaction described in this subparagraph, provides to the Secretary of State subsequent notice summarizing the nature and extent of its operations in connection with donating or providing such goods or services; and ``(iv) the person, including any director, officer, or employee of the person, is not the subject of or directly named in any publicly- available debarment, suspension, or Executive order that prohibits receipt of funding from the United States Government; and ``(B) engaging in any speech or communication with a foreign person that is subject to sanctions under this Act to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population. ``(2) Rule of construction.--Nothing contained in paragraph (1) shall be construed to authorize the President to prohibit the export of standard, commercially-available goods or services, including communications equipment, software and computers, that are necessary to carry out operations related to the provision of goods or services to prevent or alleviate the suffering of civilian populations that are under the control of a foreign person subject to sanctions under this Act.''. (2) Effective date.--The amendments made by paragraph (1) take effect on the date of enactment of this Act and apply with respect to transactions described in section 203(c)(1) of the International Emergency Economic Powers Act, as added by paragraph (1), entered into on or after such date of enactment. (b) Advisory Council To Prevent and Alleviate Human Suffering in Areas Under the Control of Certain Sanctioned Foreign Persons.--Section 203 of the International Emergency Economic Powers Act (50 U.S.C.1702), as amended by subsection (a) of this section, is further amended by adding at the end the following: ``(e) Advisory Council To Prevent and Respond to Human Suffering in Areas Affected by Certain Sanctioned Foreign Persons.-- ``(1) Establishment.--No later than 90 days after the date of enactment of the Humanitarian Assistance Facilitation Act of 2013, the Secretary of State shall, in consultation with the Attorney General, Secretary of Defense, Secretary of the Treasury and the Secretary of Commerce, establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons (hereafter in this subsection referred to as the `Advisory Council'). ``(2) Membership.--The Advisory Council shall be composed of not less than 15 members appointed by the Secretary of State from among individuals who are experts in the fields of peace- building, humanitarian aid in areas of armed conflict, representatives from organizations directly involved in the delivery of aid in areas of armed conflict, and other experts with relevant expertise as determined by the Secretary of State. ``(3) Duties.--The Advisory Council shall-- ``(A) review existing laws, regulations, Executive orders, and administrative actions regulating or prohibiting, directly or indirectly, peacebuilding activities and the provision of humanitarian aid and development assistance in areas under the control of foreign persons that are subject to sanctions under United States law; ``(B) conduct additional research and study as necessary on the subjects of counter-terrorism and security measures in relation to the delivery of humanitarian aid and development assistance; ``(C) report to the Secretary of State on its findings; and ``(D) make recommendations to the Secretary of State and other officials described in paragraph (1) (as appropriate) on the most efficient and effective means of limiting diversion of humanitarian aid and development assistance while also preserving the impartiality of humanitarian aid and development assistance and the ability of humanitarian organizations to prevent and relieve human suffering of civilian populations. ``(4) Termination.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) (relating to termination of advisory committees) shall not apply to the Advisory Council.''. SEC. 5. AMENDMENTS TO SECTION 2339B OF TITLE 18, UNITED STATES CODE. (a) Definition of Material Support or Resources.--Section 2339B(g)(4) of title 18, United States Code, is amended by adding at the end before the semicolon the following: ``, except that such term does not include engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population''. (b) Additional Exception.--Section 2339B(j) of title 18, United States Code, is amended-- (1) by striking ``No person'' and inserting the following: ``(1) In general.--No person''; and (2) by adding at the end the following: ``(2) Additional exception.--No person may be prosecuted under this section in connection with knowingly providing `material support or resources' to a foreign terrorist organization, or attempting or conspiring to do so, if-- ``(A) the material support or resources consists only of transactions that are customary, necessary, and incidental to the donation or provision of goods or services by persons who are not controlled by the foreign terrorist organization to civilian populations, if-- ``(i) the goods or services are limited articles such as food, clothing, and medicine intended to be used to relieve human suffering; and ``(ii) the goods or services are not capable of being used to carry out any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))); ``(B) the person, in donating or providing such goods or services to the civilian population, acts in good faith without intent to further the aims or objectives of the foreign terrorist organization and uses its best efforts to minimize any transaction with a foreign terrorist organization; ``(C) the person-- ``(i) prior to, or not later than 10 business days after, the first instance of entering into any transaction described in subparagraph (A), provides to the Secretary of State notice summarizing the nature and extent of its operations in connection with providing such goods or services; and ``(ii) at least once each year during which the person enters into any transaction described in subparagraph (A), provides to the Secretary of State notice summarizing the nature and extent of its operations in connection with providing such goods or services; and ``(D) the person donating or providing such goods or services, including any director, officer, or employee of the person is not the subject of or directly named in any publicly-available debarment, suspension, or Executive order that prohibits receipt of funding from the Federal Government.''. (3) Effective date.--The amendments made by paragraphs (1) and (2) take effect on the date of enactment of this Act and apply with respect to transactions described in section 2339B(j)(2) of title 18, United States Code, as added by paragraph (2), entered into on or after such date of enactment.

Humanitarian Assistance Facilitation Act of 2013 - Expresses the sense of Congress that humanitarian organizations acting in good faith and with the appropriate restrictions and controls in place should not be prevented from providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. Amends the International Emergency Economic Powers Act to permit under specified conditions persons subject to U.S. jurisdiction to enter into transactions with certain sanctioned foreign persons that are customary, necessary, and incidental to the donation or provision of goods or services to prevent or alleviate the suffering of civilian populations. Directs the Secretary of State to establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons. Amends the federal criminal code to exclude from the definition of "material support or resources" (regarding foreign terrorist organizations) engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population.

Humanitarian Assistance Facilitation Act of 2013