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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Sand Dunes National Recreation Area Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means land owned and managed by the Bureau of Land Management in Washington County in the State. (2) Map.--The term ``map'' means the map prepared by the Bureau of Land Management entitled ``Hurricane Sand Dunes National Recreation Area'' and dated November 14, 2014. (3) Non-federal land.--The term ``non-Federal land'' means the State land identified on the map as State land. (4) Proposed exchange parcel.--The term ``proposed exchange parcel'' means the approximately 1,205 acres of Bureau of Land Management land identified on the map as ``Proposed Exchange Parcel''. (5) Recreation area.--The term ``Recreation Area'' means the Hurricane Sand Dunes National Recreation Area established by section 3(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Utah. SEC. 3. HURRICANE SAND DUNES NATIONAL RECREATION AREA, UTAH. (a) Designation.--There is established in the State the Hurricane Sand Dunes National Recreation Area to provide for-- (1) the enhancement of recreational uses; and (2) the use of off-highway vehicles. (b) Boundary.-- (1) In general.--The Recreation Area shall consist of the approximately 18,447 acres of Bureau of Land Management land in the State identified on the map as ``Open OHV Area''. (2) Exclusion.--The proposed exchange parcel shall be excluded from the Recreation Area. (c) Administration of Recreation Area and Proposed Exchange Parcel.--The Secretary, acting through the Director of the Bureau of Land Management, shall-- (1) administer the Recreation Area and proposed exchange parcel-- (A) in accordance with-- (i) the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) applicable land use plans; and (B) consistent with the administration of the Sand Mountain Open OHV Area, as in existence on the day before the date of enactment of this Act; and (2) only allow uses of the Recreation Area that are consistent with the purposes described in subsection (a). (d) Fish and Wildlife.--Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management.--Nothing in this section creates any protective perimeter or buffer zone around the Recreation Area. (f) Use of Off-Highway Vehicles.--The land described in subsection (b)(1) shall remain open, in perpetuity, to the use of off-highway vehicles. SEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) In General.--If the State offers to convey to the United States title to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) on receipt of all right, title, and interest in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Valid Existing Rights.--The exchange authorized under subsection (a) shall be subject to valid existing rights. (c) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. (d) Appraisals.-- (1) In general.--The value of the Federal land and the non- Federal land to be exchanged under this section shall be determined by appraisals conducted by 1 or more independent appraisers retained by the State, with the consent of the Secretary. (2) Applicable law.--The appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Approval.--The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (e) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under this section-- (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization.-- (A) Surplus of federal land.--If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the Federal land to be conveyed; or (ii) by adding additional State land to the non-Federal land to be conveyed. (B) Surplus of non-federal land.--If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the State. (f) Status and Management of Non-Federal Land.--On conveyance to the Secretary, the non-Federal land shall, in accordance with section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 1716(c)), be added to, and administered by the Secretary as part of, the Recreation Area.

Hurricane Sand Dunes National Recreation Area Act of 2015 Establishes the Hurricane Sand Dunes National Recreation Area in Utah, consisting of approximately 18,447 acres of land managed by the Bureau of Land Management, to provide for the enhancement of recreational uses and the use of off-highway vehicles. Excludes 1,205 acres to be used in a land exchange under this Act. Provides for the conveyance of federal lands in Washington County, Utah, in an equal-value exchange for certain non-federal lands.

Hurricane Sand Dunes National Recreation Area Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commonsense Reporting and Verification Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Prospective reporting system. Sec. 4. Protection of dependent privacy. Sec. 5. Electronic statements. Sec. 6. GAO studies. Sec. 7. Eligibility verification process for ACA subsidies. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of the Treasury and the Internal Revenue Service should work together with other relevant departments and agencies to identify and implement methods to minimize compliance burdens on businesses, insurance carriers, and individuals under provisions of the Patient Protection and Affordable Care Act. (2) Such collaboration should strike an appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. SEC. 3. PROSPECTIVE REPORTING SYSTEM. (a) In General.--Not later than 180 days after the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, shall implement a voluntary prospective reporting system meeting the requirements of subsection (b). Such system shall be established not later than September 2, 2016, and shall be available for use by employers with respect to plan years beginning after December 31, 2015. (b) Requirements.--The system created under subsection (a) shall be maintained by the Secretary of the Treasury and shall include-- (1) a process whereby employers may voluntarily report-- (A) the name and employer identification number of the employer; (B) a certification of-- (i) whether coverage meeting the definition of minimum essential coverage in section 5000A(f) of the Internal Revenue Code of 1986 is offered to the full-time employees; (ii) whether such coverage is offered to dependents of such employees; (iii) whether such coverage is offered to spouses of such employees; (iv) whether such coverage is offered to part-time employees; (v) whether such coverage meets the minimum value requirement of section 36B(c)(2)(C)(ii) of such Code; and (vi) whether such coverage satisfies the requirements to qualify for one of the affordability safe harbors promulgated by the Secretary of the Treasury for purposes of section 4980H of such Code; (C) the months during the prospective reporting period that such coverage is available to full time employees of the employer; and (D) whether any waiting periods apply with respect to such coverage; to be reported not later than 60 days before the start of the open enrollment period under section 1311(c)(6)(B) of the Patient Protection and Affordable Care Act with respect to each such calendar year; (2) a process to ensure that Exchanges, the Federal Marketplace Data Services Hub, and the Internal Revenue Service can securely and confidentially access the information described in paragraph (1) as necessary to carry out their respective missions, and to provide to the Secretary of Health and Human Services additional information relating to eligibility determinations for advance payment of the premium tax credits under section 36B of such Code and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (Public Law 111-148); (3) a process to allow the appropriate agency described in subsection (a) to follow up with employers in order to obtain additional necessary information relating to an employee's eligibility for such advance payment or such cost-sharing subsidies, and to allow an employee to receive notification of any problem in verifying such eligibility; and (4) a process to allow employers using the system to provide timely updates to the Federal Marketplace Data Services Hub regarding any cancellation of coverage or significant change in availability of coverage for participating employees. (c) Exemption From Reporting Requirement Under Internal Revenue Code of 1986.--If, through the system created under subsection (a), an employer provides prospective reporting for a calendar year in which a plan year ends that meets the requirements of subsection (b)(1)-- (1) such employer shall be treated as satisfying the return requirements of subsections (a) and (b) of section 6056 of the Internal Revenue Code of 1986 for the calendar year in which such plan year ends; and (2) such employer shall be treated as satisfying the requirements of section 6056(c) of such Code for the calendar year in which such plan year ends if the employer furnishes the statement described in such section to the Internal Revenue Service and to those employees of the employer for whom the employer has received a notice under section 1411(e)(4)(B)(iii) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081) from the Exchange (established under section 1311 or 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031, 18041)) that the employee, or the spouse or dependent of the employee, has enrolled in a qualified health plan (as defined in section 1301 of such Act (42 U.S.C. 18021)) through the Exchange or been deemed eligible for an advance payment of premium tax credits under section 36B of such Code or cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). (d) Third-Party Filing.--Employers may use third parties to complete the filing described in subsection (b)(1). Use of such a third party to complete the filing does not affect an employer's liability under sections 6055 or 6056 of the Internal Revenue Code of 1986. (e) Employer Notification of Employee Enrollments.--Each Exchange established under title I of the Patient Protection and Affordable Care Act shall provide notice to each employer at the time an employee (or dependent of an employee) is enrolled under a qualified health plan through the Exchange. SEC. 4. PROTECTION OF DEPENDENT PRIVACY. (a) In General.--Section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) TINs not collected or maintained.--For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if, before January 1, 2014, the health insurance issuer or the employer did not collect or maintain information on the TINs of such individuals (other than for purposes of this section), the individual's name and date of birth may be substituted for the name and TIN.''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which is after the date that is 60 days after the date of the enactment of this Act. SEC. 5. ELECTRONIC STATEMENTS. (a) In General.--Section 6056(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this section in electronic form if such individual has consented at any prior time, to the person who is the employer of the individual during the calendar year or the preceding plan year to which the statement relates, to receive such statement in electronic form. The preceding sentence shall not apply if the individual refuses consent in writing with respect to the statement under this section.''. (b) Statements Relating to Health Insurance Coverage.--Section 6055(c) of such Code, as amended by this Act, is amended by adding at the end the following new paragraph: ``(4) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has consented at any prior time to receive in electronic form any private health information (such as electronic health records) furnished to such individual by the person required to make such statement, unless the individual refuses such consent in writing.''. (c) Effective Date.--The amendments made by this section shall apply to statements the due date for which is after December 31, 2015. SEC. 6. GAO STUDIES. (a) Study of First Years of Employer Reporting.-- (1) In general.--The Comptroller General of the United States shall conduct a study that evaluates, with respect to the period beginning on January 1, 2014, and ending on December 31, 2016-- (A) the notification of employers by Exchanges established under title I of the Patient Protection and Affordable Care Act (Public Law 111-148) that a full- time employee of the employer has been determined eligible for advance payment of premium tax credits under section 36B of the Internal Revenue Code of 1986 or cost-sharing subsidies under section 1402 of such Act (42 U.S.C. 18071), including information regarding-- (i) the data elements included in the employer notification; (ii) the process by which the notification forms were developed and sent to employers, including whether the process provided for a formal notice and comment period; (iii) whether employers report that such notifications provided sufficient and relevant information for them to make appropriate decisions about whether to utilize the appeals process; (iv) the total number of notifications sent to employers and the timeline of when such notifications were sent; (v) differences in the notification process between the marketplace facilitated by the Federal Government and the State-Based Marketplaces; and (vi) challenges that have arisen in the notification process, and recommendations to address these challenges; and (B) the extent to which the Secretary of Health and Human Services has established a separate appeals process for employers who received such a notification to challenge the eligibility determination, as required by section 1411(f)(2) of the Patient Protection and Affordable Care Act (42 U.S..C. 18081(f)(2)). (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and the Workforce of the House of Representatives a report on the results of the study conducted under paragraph (1). (b) Study of Prospective Reporting System.-- (1) In general.--The Comptroller General of the United States shall conduct a study that evaluates, with respect to the period beginning on January 1, 2017, and ending on December 31, 2017, the functionality of the prospective reporting system established under section 3, including the accuracy of information collected, the number of employers electing to report under such system, and any challenges that have arisen in implementing such system. (2) Report.--Not later than July 1, 2018, the Comptroller General shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and the Workforce of the House of Representatives a report on the results of the study conducted under paragraph (1). SEC. 7. ELIGIBILITY VERIFICATION PROCESS FOR ACA SUBSIDIES. (a) In General.--Except as specified in subsection (b), a marketplace (as defined in subsection (d)) may automatically reenroll an individual into a qualified health plan (as defined for purposes of title I of the Patient Protection and Affordable Care Act) so long as the marketplace-- (1) redetermines on an annual basis the eligibility of the individual for any advanced premium tax credit or a cost- sharing reduction pursuant to section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082); and (2) takes into account, in making such redeterminations, annual changes in premiums and in the Federal poverty level as well as the most recent income data available with respect to the individual involved. (b) Reenrollment Limitations.--If a marketplace does not follow the processes specified under the section with respect to an individual, then the marketplace may not automatically reenroll the individual into a qualified health plan with an advanced premium tax credit or a cost- sharing reduction until the individual provides current income information to the marketplace so that eligibility for a credit or reduction can be redetermined. (c) Comprehensive Guidance Based on Current Guidance.--The provisions of this section are intended to generally reflect and be consistent with the guidance on annual eligibility redeterminations and reenrollments for marketplace coverage issued by the Centers for Medicare and Medicaid Services on April 22, 2015. In carrying out this section, the Secretary shall apply rules (whether through guidance or otherwise) regarding the annual eligibility redeterminations and reenrollments for coverage and for tax credits and cost-sharing reduction for individuals through a marketplace that are consistent with this section and are at least as comprehensive as the guidance (issued on April 22, 2015) applied for coverage for 2016. Such guidance shall include provisions that ensure that-- (1) enrollees eligible to be automatically reenrolled in a qualified health plan and to continue provision of such a tax credit or cost-sharing reduction shall maintain on file with the marketplace (or otherwise provide to the marketplace) an authorization for disclosure of information verifying eligibility for such a credit or cost-sharing reduction; (2) the marketplace annually requests updated income information to verify such eligibility; and (3) enrollees are provided timely and appropriate notices of the rules regarding annual redeterminations and reenrollments. (d) Marketplace Defined.--In this section, the term ``marketplace'' means State Based Exchanges and the Federally Facilitated Exchange established under sections 1311 and 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031, 18041), respectively.

Commonsense Reporting and Verification Act of 2015 This bill requires the Department of Treasury to implement and maintain a voluntary prospective reporting system for employers subject to the employer mandate under the Patient Protection and Affordable Care Act (PPACA). Employers satisfy the information return requirement if they voluntarily report general information about the health coverage offered to full-time employees. Employers satisfy the employee statement requirement if they provide statements to employees after receiving exchange notification that employee or spouse or dependent enrolled in a qualified health plan or qualified for premium tax credits or cost-sharing subsidies. The legislation amends the Internal Revenue Code to: (1) permit employers and health insurance issuers that provide minimum essential coverage to submit an information return with names and birth dates of covered dependents if the employer or health insurance issuer does not already collect or maintain their taxpayer identification numbers, and (2) permit electronic delivery of employee statement if employee consented previously to electronic delivery of other notices and does not refuse consent in writing. It directs the Government Accountability Office to: (1) evaluate the exchange notification and appeals processes for employers whose employee or spouse or dependent enrolls in a qualified health plan or qualifies for premium tax credits or cost-sharing subsidies, and (2) evaluate the prospective reporting system functionality. The legislation permits a health insurance exchange to automatically reenroll an individual into a qualified health plan after annually redetermining the individual's eligibility for premium tax credits or cost-sharing subsidies.

Commonsense Reporting and Verification Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Obstetric Care Act of 1993''. SEC. 2. MEDICAID DEMONSTRATION PROJECTS TO IMPROVE ACCESS IN UNDERSERVED AREAS TO OBSTETRIC SERVICES. (a) In General.--The Secretary of Health and Human Services shall provide under this section for demonstration projects by States that seek to reduce infant mortality by improving access in urban and rural underserved areas to obstetric services for eligible pregnant women under title XIX of the Social Security Act. (b) Nature of Projects.--Demonstration projects under this section shall incorporate innovative approaches for increasing the participation of obstetric providers under title XIX of the Social Security Act, such as-- (1) expediting reimbursement and using innovative payment mechanisms, including global fees for obstetric services with guaranteed periodic payments; (2) special or enhanced reimbursement for early prenatal care, risk-assessment, and high-risk services; (3) patient distribution or referral systems; (4) subsidizing medical liability insurance premiums, in whole or in part, for selected obstetric providers; (5) paying for all or a portion of payments made in settlement of malpractice claims by patients of obstetric providers who meet certain criteria; and (6) providing professional liability coverage under the State tort claims act for certain obstetric providers while treating a specified category of patients. Demonstration projects addressing reimbursement must provide for integrated prenatal, delivery and postpartum services. (c) Supplemental Funding.--(1) With respect to the additional expenditures for medical assistance made under the State plan under title XIX of the Social Security Act to carry out a demonstration project under this section, the Federal medical assistance percentage (otherwise determined under section 1905(b) of such Act) shall be increased by 25 percentage points (but in no case to a percentage greater than 95 percent). (2) The amount of funds that may be expended as medical assistance to carry out the purposes of this section shall be such sums as may be appropriated during the 5-fiscal-year period beginning with fiscal year 1994. (d) Waiver Authority.--(1) Except as provided under paragraphs (2) and (3), the Secretary is authorized to waive the requirements of title XIX of the Social Security Act to the extent necessary to implement demonstration projects under this section. (2) Except as permitted under section 1915(b)(1) of the Social Security Act, the Secretary may not waive under paragraph (1) the requirement of sections 1902(a)(23) and 1916 of such Act. (3) The Secretary may not approve a demonstration project under this section, or a waiver under paragraph (1), that reduces the amount, duration, or scope of medical assistance made available under title XIX of the Social Security Act or that results in a loss of eligibility for individuals otherwise eligible for such assistance. (e) Timely Action on Applications.--A request to the Secretary by a State for approval of a demonstration project under this section (and any accompanying waiver of a requirement of title XIX of the Social Security Act) shall be deemed granted unless the Secretary, within 90 days after the date of its submission to the Secretary, either denies such request in writing or informs the State in writing with respect to any additional information which is needed in order to make a final determination with respect to the request. After the date the Secretary receives such additional information, the request shall be deemed granted unless the Secretary, within 90 days of such date, denies the request. (f) Duration.--A demonstration project under this section may be conducted for any portion of the period beginning after the date of enactment of this Act and ending December 31, 1997. (g) Evaluation.--Such projects must include a plan for evaluating the effects of the demonstration projects on provider participation. (h) Report.--The Secretary shall report to Congress, not later than March 1, 1998, on the demonstration projects carried out under this section and on how the results of such projects may be used to implement programs to lower infant mortality and morbidity through improving the access of pregnant women to obstetric services in urban and rural underserved areas. (i) Obstetric Provider Defined.--In this section, the term ``obstetric provider'' means an obstetrician, obstetrician- gynecologist, family practitioner, certified nurse midwife, or certified family nurse practitioner. SEC. 3. ANNUAL COMPENDIUM ON STATE INITIATIVES. (a) In General.--The Secretary of Health and Human Services, in consultation with the Office of Rural Health Policy, shall develop and make available to the public each year a compendium of the various State initiatives undertaken to address the obstetric access crisis in urban and rural areas. (b) Nature of Compendium.--The compendium shall include information on State laws, regulations, programs and other initiatives undertaken to increase access to obstetric care in underserved areas. The compendium shall include information on activities addressing liability problems, efforts to retain and place providers of pregnancy-related services in underserved areas, and efforts to recruit and retain providers of obstetric services under the Medicaid program. The compendium shall also include information on the results on any evaluations that have been conducted on such initiatives. SEC. 4. STUDY OF OBSTETRICAL MALPRACTICE CLAIMS. (a) Study.--The Secretary of Health and Human Services shall provide a grant to a public or private nonprofit organization to conduct a study on the rate of medical malpractice actions or claims relating to obstetrical care for patients whose care is paid for by title XIX of the Social Security Act as compared to those whose care is paid for by private insurance. Such study shall include a review of medical records at selected hospitals, including rural hospitals, to determine the rates for each group. (b) Report.--By not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a). (c) Medical Malpractice Action or Claim Defined.--In this section, the term ``medical malpractice action or claim'' has the meaning given such term in section 431(7) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11151(7)).

Access to Obstetric Care Act of 1993 - Directs the Secretary of Health and Human Services to: (1) provide for demonstration projects to improve access to obstetric services in underserved urban and rural areas for eligible pregnant women under title XIX (Medicaid) of the Social Security Act; (2) develop and make public each year a compendium of State initiatives to address the obstetric access crisis; and (3) provide a grant for the study of obstetrical malpractice claims.

Access to Obstetric Care Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Adoption Protection Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--Section 2 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901) is amended-- (1) in paragraph (3), by inserting before the semicolon at the end the following: ``and who would be subject to involuntary removal from the Indian community''; (2) in paragraph (4)-- (A) by inserting ``involuntary'' before ``removal''; and (B) by striking ``nontribal public and private'' and inserting in lieu thereof ``public''; and (3) in paragraph (5), by inserting before the period at the end the following: ``in the course of involuntary termination of parental rights''. (b) Policy.--Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1902) is amended by inserting ``involuntary'' before ``removal''. SEC. 3. DEFINITIONS. Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903) is amended by adding at the end the following: ``(13) `involuntary', with respect to a child custody proceeding, means the absence of a written consent by a parent or legal guardian (other than a tribal court) of the Indian child.''. SEC. 4. CHILD CUSTODY PROCEEDINGS. (a) Jurisdiction.--Section 101 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911) is amended-- (1) in subsection (a), by inserting ``involuntary'' before ``child custody proceeding''; (2) in subsection (b)-- (A) by inserting ``involuntary'' before ``foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''; and (3) in subsection (c)-- (A) by inserting ``involuntary'' before ``foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''. (b) Court Proceedings.--Section 102 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1912) is amended-- (1) in subsection (a)-- (A) by inserting ``involuntary'' before ``foster care placement'' each place it appears; and (B) by inserting ``involuntary'' before ``termination of parental rights'' each place it appears; (2) in subsection (b)-- (A) by inserting ``involuntary'' before ``removal''; (B) by inserting ``involuntary'' before ``placement''; and (C) by inserting ``involuntary'' before ``termination of parental rights''; (3) in subsection (c)-- (A) by striking ``a foster care placement'' and inserting in lieu thereof ``an involuntary foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''; (4) in subsection (d)-- (A) by striking ``a foster care placement'' and inserting in lieu thereof ``an involuntary foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''; (5) in subsection (e), by inserting ``involuntary'' before ``foster care placement''; and (6) in subsection (f), by inserting ``involuntary'' before ``termination of parental rights''. (c) Voluntary Termination of Parental Rights.--Section 103 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913) is amended to read as follows: ``Sec. 103. (a) Upon written consent by a parent or legal guardian (other than a tribal court) of an Indian child to a voluntary child custody proceeding, this title shall thereafter not apply to any child custody proceeding involving the Indian child, and this Act shall thereafter not be the basis for determining jurisdiction over any child custody proceeding involving the Indian child. ``(b) For the purposes of subsection (a), written consent is irrevocable.''. (d) Petition To Invalidate Action.--Section 104 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1914) is amended-- (1) by inserting ``involuntary'' before ``foster care placement''; (2) by inserting ``involuntary'' before ``termination of parental rights''; and (3) by striking ``101, 102, and 103'' and inserting in lieu thereof ``101 and 102''. (e) Adoptive Placement.--Section 105 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1915) is amended-- (1) in subsection (a), by inserting ``involuntary'' before ``adoptive placement''; (2) in subsection (b)-- (A) by inserting ``involuntary'' before ``foster care'' each place it appears; and (B) by inserting ``involuntary'' before ``preadoptive placement'' each place it appears; and (3) in subsection (c)-- (A) by striking ``a placement'' and inserting ``an involuntary placement''; and (B) by striking ``the placement'' and inserting ``the involuntary placement'' each place it appears. (f) Petition for Return of Custody.--Section 106 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1916) is amended-- (1) in subsection (a)-- (A) by inserting ``involuntary'' before ``adoption''; and (B) by striking ``foster care, preadoptive, or adoptive placement'' and inserting in lieu thereof ``involuntary foster care, involuntary preadoptive, or involuntary adoptive placement''; and (2) in subsection (b) by striking ``further''. (g) Information to Adopted Child.--Section 107 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1917) is amended by inserting ``involuntary'' before ``adoptive''. (h) Improper Removal of Child.--Section 110 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1920) is amended-- (1) by striking ``an Indian child custody proceeding'' and inserting ``an involuntary Indian child custody proceeding'' in lieu thereof; and (2) by striking ``removed the child'' and inserting in lieu thereof ``removed an Indian child''. (i) Protection of Parental Rights.--Section 111 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1921) is amended by inserting ``involuntary'' before ``child custody proceeding''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect as of January 1, 1992. Such amendments shall not apply with respect to any permanent placement of an Indian child for adoption occurring before the date of the enactment of this Act.

Voluntary Adoption Protection Act - Amends the Indian Child Welfare Act of 1978 to exempt voluntary child custody proceedings from coverage under that Act. States that upon written consent by a parent or legal guardian of an Indian child to voluntarily terminate parental rights such Act is inapplicable with respect to any child custody proceeding involving such child.

Voluntary Adoption Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Extended Unemployment Compensation Act of 2001''. SEC. 2. FEDERAL-STATE AGREEMENTS. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this Act with the Secretary of Labor (hereafter in this Act referred to as the ``Secretary''). Any state which is a party to an agreement under this Act may, upon providing 30 days written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of emergency extended unemployment compensation-- (1) to individuals who-- (A) have exhausted all rights to regular compensation under the State law, (B) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (and are not paid or entitled to be paid any additional compensation under any State or Federal law). (C) are not receiving compensation with respect to such week under the unemployment compensation law of Canada, and (D) were separated from employment, as defined under the State law, on or after September 11, 2001, (2) for any week of unemployment which begins in the individual's period of eligibility (as defined in section 7(2) of this Act), and (3) when such State meets the definition of qualified State in section 7(3) of this Act and as provided under section 3(c) of this Act. (c) Exhaustion of Benefits.--For purposes of subsection (b)(1)(A) an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when-- (1) no payment of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period, or (2) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to such rights existed. (d) Weekly Benefit Amount.--For purposes of any agreement under this Act-- (1) the amount of emergency extended unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment, (2) the terms and conditions of the State law which apply to claims for extended compensation and to the payment thereof shall apply to claims for emergency extended unemployment compensation and to the payment thereof, except-- (A) that those provisions of State law implementing the requirements of paragraphs (3) through (5) of section 202(a) and subsection (c) of section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 shall not apply, and (B) any provisions of State law otherwise inconsistent with the provisions of this Act, or with the regulations or operating instructions of the Secretary promulgated to carry out this Act shall not apply, and (3) the maximum amount of emergency extended unemployment compensation payable to any individual for whom an account is established under section 3 shall not exceed the amount established in such account for such individual. (e) Election.--Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State that is in an extended benefit period may provide for the payment of emergency extended unemployment compensation in lieu of extended compensation to individuals who were separated from employment on or after September 11, 2001, and who otherwise meet the requirements of subsection (b)(1). Such an election shall not require a State to trigger off an extended benefit period. SEC. 3. EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT. (a) In General.--Any agreement under this Act shall provide that a qualified State will establish, for each eligible individual who files an application for emergency extended unemployment compensation, an emergency extended unemployment compensation account with respect to such individual's benefit year. (b) Amount in Account.-- (1) In general.--The amount established in an account under subsection (a) shall be equal to the lesser of-- (A) 100 percent of the total amount of regular compensation (including dependent's allowances) payable to the individual with respect to the benefit year (as determined under the State law) on the basis of which the individual most recently received regular compensation, or (B) 13 times the individual's average weekly benefit amount for the benefit year. (2) Reduction for extended benefits.--The amount in an account under subparagraph (1) shall be reduced (but not below zero) by the aggregate amount of extended compensation (if any) received by such individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. (c) Effective Date.--No State shall be considered a qualified State under section 7(3) and no emergency extended unemployment compensation shall be payable to any individual under this Act for any week-- (1) beginning before the latest of-- (A) the first week following the date of enactment of this Act, (B) the first week following the week in which an agreement under this Act is entered into, or (C) the first week following the week in which the State meets the definition of ``qualified state'' in section 7(3) of this Act, and (2) beginning 78 weeks after the first week following the date of enactment of this Act. SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF EMERGENCY EXTENDED UNEMPLOYMENT COMPENSATION. (a) General Rule.--There shall be paid to each State which has entered into an agreement under this Act an amount equal to 100 percent of the emergency extended unemployment compensation paid to individuals by the State pursuant to such agreement. (b) Treatment of Reimbursable Compensation.--No payment shall be made to any State under this section in respect of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this Act or chapter 85 of title 5, United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this Act in respect of such compensation. (c) Determination of Amount.--Sums payable to any State by reason of such State having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar months were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 5. FINANCING PROVISIONS. (a) In General.--Funds in the extended unemployment compensation accounts (as established by section 905 of the Social Security Act) of the Unemployment Trust Fund shall be used for the making of payments to States having agreements entered into under this Act. (b) Certification.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act) to the account of such State in the Unemployment Trust Fund. (c) Assistance to the States.--There are hereby authorized to be appropriated out of the employment security administration account (as established by section 901 of the Social Security Act), without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act) in meeting the costs of administration of agreements under this Act. (d) Authorization of Appropriations for Certain Payments.--There are hereby authorized to be appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account (as established by section 905 of the Social Security Act) such sums as may be necessary for to make payments under this section in respect of-- (1) compensation payable under chapter 85 of title 5, United States Code, and (2) compensation payable on the basis of services to which section 3309(a)(1) of the Internal Revenue Code of 1986 applies. Amounts appropriated pursuant to the preceding sentences shall not be required to be repaid. SEC. 6. FRAUD AND OVERPAYMENTS. (a) In General.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of emergency extended unemployment compensation under this Act to which he was not entitled, such individual shall be ineligible for further emergency extended unemployment compensation under this Act in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation. (b) Repayment.--In the case of individuals who have received amounts of emergency extended employment compensation under this Act to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency extended unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that-- (1) the payment of such emergency extended unemployment benefits was without fault on the part of any such individual, and (2) such repayment would be contrary to equity and good conscience. (c) Recovery by State Agency.-- (1) In general.--The State agency may recover the amount to be repaid, or any part thereof, by deductions from any emergency extended unemployment compensation payable to such individual under this Act or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment during the three year period after the date such individuals received the payment of emergency extended unemployment benefits to which they were not entitled. (2) Opportunity for Hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (d) Review.--Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determination under the State unemployment compensation law, and only in that manner and to that extent. SEC. 7. DEFINITIONS. (a) In General.--The terms ``compensation'', ``regular compensation'', ``extended compensation'', ``additional compensation'', ``benefit year'', ``base period'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (b) Period of Eligibility.--An individual's period of eligibility consists of any week for which the State against which the individual files a claim is a qualified state as provided in section 3(c) of this Act and paragraph (c) of this section. (c) Qualified State.-- (1) The term ``qualified state'' means a State-- (A) within which, not later than October 1, 2001, a major disaster or an emergency was declared by the President, pursuant to sections 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191), due to a terrorist attack on the United States on September 11, 2001, or (B) in which the Secretary determines that the average rate of total unemployment (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published is at least 30 percent higher than the average rate of total unemployment (seasonally adjusted) in such State for the three month period ending August 31, 2001. (2)(A) Except as provided in clause (B), a State shall cease to be a qualified State under subparagraph (1)(B) beginning the third week after the week in which the Secretary determines that such State's average rate of total unemployment (seasonally adjusted) is no longer at least 30 percent higher than the average rate of total unemployment (seasonally adjusted) in such State for the three month period ending August 31, 2001. (B) A State that is determined to meet the requirements of subparagraph (1)(B) shall remain a qualified State for the purposes of this Act for a period of not less than thirteen consecutive weeks following such determination, provided that no emergency extended unemployment benefits shall be payable after the date specified in section 3(c)(2). (3) Any rate determined by the Secretary under this paragraph shall be rounded to the nearest one-tenth of 1 percent. SEC. 8. NATIONAL EMERGENCY GRANT ASSISTANCE FOR WORKERS. (a) Eligibility for Grants.--Section 173(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is amended-- (1) in paragraph (2), by striking ``and'', (2) in paragraph (3) by striking the period and inserting ``; and'', and (3) by adding the following new paragraph after paragraph (3): ``(4) from funds appropriated under section 174(c), to a State to provide employment and training assistance and the assistance described in subsection (f) to dislocated workers affected by a plant closure, mass layoff, or multiple layoffs if the Governor certifies in the application for assistance that the attacks of September 11, 2001, contributed importantly to such plant closures, mass layoffs, and multiple layoffs.''. (b) Use of Funds for COBRA Continuation Coverage Payments.--Section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended by adding the following subsection after subsection (e): ``(f) COBRA Continuation Coverage Payment Requirements.-- ``(1) In general.--Funds made available to a State under paragraph (4) of subsection (a) may be used by the State to assist a participant in the program under such paragraph by paying up to 75 percent of the participant's and any dependents' contribution for COBRA continuation coverage of the participant and dependents for a period not to exceed 10 months. ``(2) Definition.--For purposes of paragraph (1), the term `COBRA continuation coverage' means coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, or section 8905a of title 5, United States Code.''. (c) Authorization of Appropriations.--Section 174 of the Workforce Investment Act of 1998 (29 U.S.C. 2919) is amended by adding the following subsection after subsection (b): ``(c) National Emergency Grants Relating to September 11 Attacks.-- There are authorized to be appropriated to carry out subsection (a)(4) of section 173 $3,000,000,000 for fiscal year 2002. Funds appropriated under this subsection shall be available for obligation for a period beginning with the date of enactment of such appropriations and ending 18 months thereafter.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this section.

Emergency Extended Unemployment Compensation Act of 2001 - Provides for a program of emergency extended unemployment compensation (EEUC).Sets forth EEUC program requirements for Federal-State agreements, formulae for determining amounts in individual EEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual EEUC account by the aggregate amount of any extended compensation for the same benefit year.Makes EEUC agreements applicable to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Amends the Workforce Investment Act of 1998 to authorize appropriations to expand the National Emergency Grant program, for an 18-month period, to include grants to States to provide certain employment and training assistance and temporary health care coverage premium assistance for workers affected by major economic dislocations, such as plant closures, mass layoffs, or multiple layoffs, caused by the terrorist attacks of September 11, 2001.

A bill to provide for the payment of emergency extended unemployment compensation.

SECTION 1. TEMPORARY EXTENSION OF AGRICULTURAL PROGRAMS. (a) Extension.--Except as otherwise provided in this section and notwithstanding any other provision of law, the authorities provided by each provision of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1651) and each amendment made by that Act (and for mandatory programs at such funding levels), as in effect on September 30, 2013, pursuant to the extension and amendments made by section 701 of the American Taxpayer Relief Act of 2012 (Public Law 112-240; 7 U.S.C. 8701 note), shall continue, and the Secretary of Agriculture shall carry out the authorities, until January 31, 2014, except as provided in subsection (b)(1) of such section 701. (b) Suspension of Permanent Price Support Authorities.--The provisions of law specified in subsections (a) through (c) of section 1602 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8782) shall be suspended until January 31, 2014. (c) Supplemental Agricultural Disaster Assistance.--Section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531), as amended by section 702 of the American Taxpayer Relief Act of 2012 (Public Law 112-240), relating to the provision of supplemental agricultural disaster assistance, shall apply through January 31, 2014. (d) Exceptions.-- (1) Nutrition.--Subsection (a) does not apply with respect to mandatory funding provided by the program authorized by the provision of law amended by subsection (d)(2) of section 701 of the American Taxpayer Relief Act of 2012 (Public Law 112-240; 7 U.S.C. 8701 note). (2) Conservation.--Subsection (a) does not apply with respect to the programs specified in paragraphs (3)(B), (4), (6), and (7) of section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)), relating to the conservation stewardship program, farmland protection program, environmental quality incentives program, and wildlife habitat incentives program, for which program authority was extended through fiscal year 2014 by section 716 of Public Law 112-55 (125 Stat. 582). (3) Trade.--Subsection (a) does not apply with respect to the following provisions of law: (A) Section 3206 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c) relating to the use of Commodity Credit Corporation funds to support local and regional food aid procurement projects. (B) Section 3107(l)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(1)) relating to the use of Commodity Credit Corporation funds to carry out the McGovern-Dole International Food for Education and Child Nutrition Program. (4) Survey of foods purchased by school food authorities.-- Subsection (a) does not apply with respect to section 4307 of the Food, Conservation, and Energy Act of 2008 (Public Law 110- 246; 122 Stat. 1893) relating to the use of Commodity Credit Corporation funds for a survey and report regarding foods purchased by school food authorities. (5) Rural development.--Subsection (a) does not apply with respect to the following provisions of law: (A) Section 379E(d)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s(d)(1)), relating to funding of the rural microentrepreneur assistance program. (B) Section 6029 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1955) relating to funding of pending rural development loan and grant applications. (C) Section 231(b)(7)(A) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)(7)(A)), relating to funding of value-added agricultural market development program grants. (D) Section 375(e)(6)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) relating to the use of Commodity Credit Corporation funds for the National Sheep Industry Improvement Center. (6) Market loss assistance for asparagus producers.-- Subsection (a) does not apply with respect to section 10404(d) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2112). (7) Supplemental agricultural disaster assistance.-- Subsection (a) does not apply with respect to section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.) relating to the provision of supplemental agricultural disaster assistance. (8) Pigford claims.--Subsection (a) does not apply with respect to section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209) relating to determination on the merits of Pigford claims. (9) Heartland, habitat, harvest, and horticulture act of 2008.--Subsection (a) does not apply with respect to title XV of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2246), and amendments made by that title, relating to the provision of supplemental agricultural disaster assistance under title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.), certain revenue and tax provisions, and certain trade benefits and other matters. (e) Effective Date.--This section takes effect as of September 30, 2013. Passed the House of Representatives December 12, 2013. Attest: KAREN L. HAAS, Clerk.

Extends until January 31, 2014: (1) specified agricultural programs under the Food, Conservation, and Energy Act of 2008, (2) suspension of permanent price support authorities, and (3) supplemental agricultural disaster assistance. Exempts from such extensions: (1) mandatory funding for nutrition education; (2) the conservation stewardship program, the farmland protection program, the environmental quality incentives program, and the wildlife habitat incentives program; (3) Commodity Credit Corporation funding for local and regional food aid procurement projects, the McGovern-Dole International Food for Education and Child Nutrition Program, and a survey of foods purchased by school food authorities; (4) rural development programs for micro entrepreneur assistance, pending rural development loans and grants, value-added agricultural market development grants, and the National Sheep Industry Improvement Center; (5) market loss assistance for asparagus producers; (6) supplemental agricultural disaster assistance; (7) Pigford claims determinations; and (8) specified requirements of the Heartland, Habitat, Harvest, and Horticulture Act of 2008 relating to supplemental agricultural disaster assistance, revenue and tax, and trade. Backdates the effective date of this Act to September 30, 2013.

To provide a temporary extension of the Food, Conservation, and Energy Act of 2008 and amendments made by that Act, as previously extended and amended and with certain additional modifications and exceptions, to suspend permanent price support authorities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Manufacturing and Rebuilding Transit Act of 2010'' or the ``SMART Act''. SEC. 2. PREFERENCE IN AWARDING COMPETITIVE TRANSPORTATION INFRASTRUCTURE GRANTS. (a) Preference.--In awarding grants for projects that include the purchase of transit vehicle rolling stock, rail, and supporting equipment, the Secretary of Transportation shall give preference to a project if the manufactured goods to be purchased have a domestic content percentage that-- (1) exceeds otherwise applicable Federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available. (b) Covered Grants.--The grants referred to in subsection (a) are discretionary or competitive grants, loans, loan guarantees, and lines of credit-- (1) authorized under title 23 or 49, United States Code; (2) used to fund in full or in part projects eligible for Federal assistance under such titles; or (3) for transportation infrastructure projects funded under any Act that appropriates amounts for the Department of Transportation. SEC. 3. INCREASING THE TRANSPARENCY OF DOMESTIC CONTENT WAIVERS. (a) Clarity in Domestic Content Regulations.--The Secretary of Transportation shall establish a centralized website that provides rules and guidance, waiver notices, and departmental and agency actions applicable to the domestic content standards of the Federal-aid programs within the jurisdiction of the Department of Transportation. (b) Transparency in Waivers.-- (1) Buy america.--Section 313 of title 23, United States Code, is amended by adding at the end the following: ``(g) Other Limitations on Waivers.-- ``(1) Requests for waivers.--Not later than 7 days after a Federal agency receives a written request for a waiver of any requirement under this section, the head of such agency shall-- ``(A) publish the request on a publicly available agency website in an easily identifiable location; and ``(B) provide the public with a minimum of 30 days for notice and comment before issuing the requested waiver. ``(2) Waivers granted.--Not later than 30 days after a Federal agency decides to waive any requirement under this section, the head of the agency shall publish the decision and the justification for such decision in the Federal Register and on the publicly available website described in paragraph (1). ``(3) Notification of the office of management and budget.--Each Federal agency that grants a waiver of any requirement under this section shall submit to the Director of the Office of Management and Budget-- ``(A) a notification of the application of the exception; and ``(B) a statement describing the procurement and the exception being applied.''. (2) Public transportation assistance.--Section 5323(j) of title 49, United States Code, is amended by adding at the end the following: ``(7) Limitations on waivers.-- ``(A) Requests for waivers.--Not later than 7 days after a Federal agency receives a written request for a waiver of any requirement under this subsection or section 5307(d)(1)(E)(iii), the head of such agency shall-- ``(i) publish the request on a publicly available agency website in an easily identifiable location; and ``(ii) provide the public with a minimum of 30 days for notice and comment before issuing the requested waiver. ``(B) Waivers granted.--Not later than 30 days after a Federal agency decides to waive any requirement under this subsection or section 5307(d)(1)(E)(iii), the head of the agency shall publish the decision and the justification for such decision in the Federal Register and on the publicly available website described in subparagraph (A). ``(C) Notification of the office of management and budget.--Each Federal agency that grants a waiver of any requirement under this subsection or section 5307(d)(1)(E)(iii) shall submit to the Director of the Office of Management and Budget-- ``(i) a notification of the application of the exception; and ``(ii) a statement describing the procurement and the exception being applied.''. (3) Amtrak.--Section 24305(f) of title 49, United States Code, is amended by adding at the end the following: ``(5) Limitations on waivers.-- ``(A) Requests for waivers.--Not later than 7 days after a Federal agency receives a written request for a waiver of any requirement under this subsection, the head of such agency shall-- ``(i) publish the request on a publicly available agency website in an easily identifiable location; and ``(ii) provide the public with a minimum of 30 days for notice and comment before issuing the requested waiver. ``(B) Waivers granted.--Not later than 30 days after a Federal agency decides to waive any requirement under this subsection, the head of the agency shall publish the decision and the justification for such decision in the Federal Register and on the publicly available website described in subparagraph (A). ``(C) Notification of the office of management and budget.--Each Federal agency that grants a waiver of any requirement under this subsection shall submit to the Director of the Office of Management and Budget-- ``(i) a notification of the application of the exception; and ``(ii) a statement describing the procurement and the exception being applied.''. (4) Intercity passenger rail service.--Section 24405(a) of title 49, United States Code, is amended by adding at the end the following: ``(12) Limitations on waivers.-- ``(A) Requests for waivers.--Not later than 7 days after a Federal agency receives a written request for a waiver of any requirement under this subsection, the head of such agency shall-- ``(i) publish the request on a publicly available agency website in an easily identifiable location; and ``(ii) provide the public with a minimum of 30 days for notice and comment before issuing the requested waiver. ``(B) Waivers granted.--Not later than 30 days after a Federal agency decides to waive any requirement under this subsection, the head of the agency shall publish the decision and the justification for such decision in the Federal Register and on the publicly available website described in subparagraph (A). ``(C) Notification of the office of management and budget.--Each Federal agency that grants a waiver of any requirement under this subsection shall submit to the Director of the Office of Management and Budget-- ``(i) a notification of the application of the exception; and ``(ii) a statement describing the procurement and the exception being applied.''. (c) Requirement for Annual Reporting on Exceptions to Domestic Source Requirements for Transportation Investments.-- (1) Report requirement.-- (A) In general.--Not later than 60 days after the end of a fiscal year, the Inspector General of the Department of Transportation shall submit a report to Congress on the acquisitions supported by Federal transportation infrastructure investments which did not satisfy applicable domestic content standards. (B) Contents of report.--The report submitted under subparagraph (A) shall include, for the fiscal year covered by such report-- (i) the number of all domestic content waivers issued for transportation infrastructure, rolling stock, and supporting equipment purchases; (ii) the countries and specifications of the products for which waivers were granted; (iii) an itemized list of all waivers granted with respect to articles, materials, and supplies; (iv) any law that requires procurement of goods from a domestic source; (v) a citation to the treaty, international agreement, or other law under which each waiver was granted, if applicable; (vi) the specific exception under the applicable domestic content standards that was used to purchase such articles, materials, or supplies, if any articles, materials, or supplies were acquired from entities that manufacture articles, materials, or supplies outside of the United States; and (vii) a summary of-- (I) the total procurement funds expended on articles, materials, and supplies manufactured inside the United States; and (II) the total procurement funds expended on articles, materials, and supplies manufactured outside of the United States. SEC. 4. LINK DOMESTIC MANUFACTURERS TO TRANSPORTATION INFRASTRUCTURE AND ROLLING STOCK OPPORTUNITIES. The Secretary of Transportation is authorized to work with the Hollings Manufacturing Partnership Program and other manufacturing- related local intermediaries designated by the Secretary to develop a multi-agency comprehensive plan to expand domestic rail and transit vehicle supply chains with involvement from other applicable Federal agencies or industry consortiums-- (1) to identify United States manufacturers currently producing, or capable of producing, transit and rail vehicles, supporting equipment, component parts, or similarly performing products; (2) to work with partners to identify and address gaps in domestic supply chains; and (3) to establish and carry out a program to award grants to eligible entities in accordance with this Act.

Strengthening Manufacturing and Rebuilding Transit Act of 2010 or SMART Act - Requires the Secretary of Transportation (DOT) to give preference to the award of discretionary or competitive grants, loans, loan guarantees, and lines of credit to transportation infrastructure projects, including the purchase of transit vehicle rolling stock, rail, and supporting equipment, in which manufactured goods to be purchased have a domestic content percentage that: (1) exceeds applicable federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available. Directs the Secretary to establish a centralized website that provides rules and guidance, waiver notices, and agency actions of the domestic content standards (Buy America) for DOT federal-aid programs. Requires a federal agency head to subject to public notice and comment any request for waiver, and to publication in the Federal Register and notification to Director of the Office of Management and Budget (OMB) of any waiver, of Buy America requirements involving: (1) federal-aid highway and public transportation projects, (2) AMTRAK acquisition and maintenance of equipment and facilities, and (3) intercity passenger rail service corridor capital assistance projects. Directs the DOT Inspector General to report annually to Congress on acquisitions funded by federal transportation infrastructure investments that do not comply with Buy American requirements. Authorizes the Secretary to work with the Hollings Manufacturing Partnership Program and other manufacturing-related local intermediaries to develop a multi-agency comprehensive plan to expand domestic manufacturer rail and transit vehicle supply chains.

A bill to support United States manufacturing by providing rules and guidance, waiver notices, and departmental and agency actions applicable to the domestic content standards of Federal grants administered by the Department of Transportation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crossroads of the American Revolution National Heritage Area Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) New Jersey was of critical importance during the American Revolution due to its strategic location between the British armies headquartered in New York City and the Continental Congress sitting in the City of Philadelphia. (2) General George Washington spent almost half of the period of the American Revolution personally commanding troops of the Continental Army in New Jersey including 2 severe winter encampments at what is now Morristown National Historical Park, a unit of the National Park System. (3) It was during the 10 crucial days of the American Revolution between December 25, 1776, and January 3, 1777, when General Washington, after retreating across New Jersey from New York City to Pennsylvania in the face of total defeat for the Nation``s cause, recrossed the Delaware River on Christmas night, 1776, and won crucial battles at Trenton and Princeton. Thomas Paine, who accompanied the troops during the retreat, described the events as, `the times that try men's souls''. (4) There are situated in the State of New Jersey the sites of 296 engagements including several important battles of the American Revolution, which collectively are of significant importance to the outcome of the overall conflict and the history of the United States. Among these are National Historic Landmarks including Washington's Crossing, the Old Trenton Barracks, and Princeton, Monmouth and Red Bank Battlefields. (5) Additional national Historic Landmarks include the homes of Richard Stockton, Joseph Hewes, John Witherspoon, and Francis Hopkinson, all signers of the Declaration of Independence, Elias Boudinout, President of the Continental Congress and William Livingston, patriot and Governor of New Jersey from 1776 to 1790. (6) Portions of the landscapes important to the strategies of both armies including waterways, mountains, farms, wetlands, villages and roadways retain integrity of the period of the American Revolution and offer outstanding opportunities for conservation, education, and recreation. (7) The National Register of Historic Places lists 251 buildings and sites in the National Park Service study area for Crossroads of the American Revolution associated with the period of the American Revolution. (8) Civilian populations residing in New Jersey suffered extreme hardships during the American Revolution due to the continuous conflict within its borders, foraging armies, and marauding contingents of loyalist Tories and rebel sympathizers. (9) Because of the important role that New Jersey played in the successful outcome of the American Revolution there is a Federal interest for the development of a regional framework to assist the State of New Jersey, other local organizations and governments, and private citizens to preserve and protect natural, cultural, and historic resources of the period and to bring recognition to this important heritage for the educational and recreational benefit of this and future generations of Americans. (10) The National Park Service has conducted a National Heritage Feasibility Study in the State of New Jersey that demonstrates the sufficient assemblage of nationally distinctive natural, cultural, and historic resources necessary to establish the Crossroads of the American Revolution National Heritage Area. (b) Purposes.--The purposes of this Act are as follows: (1) To build the capacity of communities, organizations, and citizens in New Jersey to preserve the special historic identity of the region and its importance to the Nation. (2) To foster a close working relationship with all levels of government, the private sector, and the local communities in New Jersey. (3) To provide for the management, preservation, protection, and interpretation of the natural, historic, and cultural resources of the region for the educational and inspirational benefit of future generations. (4) To strengthen the value of Morristown National Historical Park as an asset to the region by establishing a network of related historic resources, protected landscapes, educational opportunities, and events depicting the revolutionary landscape of New Jersey. (5) To strengthen partnerships among Morristown National Historical Park and other public and privately owned resources in the heritage area, that together represent the strategic fulcrum of the American Revolution, as assets in the quality of life in the region. (6) To authorize Federal financial and technical assistance to serve these purposes. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Association.--The term ``Association'' means the Crossroads of the American Revolution Association, Inc., a nonprofit corporation in the State of New Jersey. (2) Boundaries.--The term ``boundaries'' means the boundaries of the heritage area specified in section 4. (3) Heritage area.--The term ``heritage area'' means the Crossroads of the American Revolution National Heritage Area as established in section 4. (4) Management plan.--The term ``management plan'' means the management plan submitted under section 5. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State of New Jersey the Crossroads of the American Revolution National Heritage Area. (b) Boundaries.--The boundaries of the heritage area shall include all those lands and waters depicted on a map entitled ``Crossroads of the American Revolution National Heritage Area'', numbered CRREL80,000 and dated April 2002. The map shall be on file in the appropriate offices of the National Park Service. (c) Management Entity.--The management entity for the heritage area shall be the Association. SEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION. (a) Duties of the Association.--To further the purposes of the heritage area, the Association shall-- (1) prepare and submit a management plan for the heritage area to the Secretary in accordance with section 6; (2) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values within the heritage area; (B) establishing and maintaining interpretive exhibits and programs within the heritage area; (C) developing recreational and educational opportunities in the heritage area; (D) increasing public awareness of and appreciation for natural, historic, and cultural resources of the heritage area; (E) protecting and restoring historic sites and buildings in the heritage area that are consistent with heritage area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the heritage area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the heritage area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the heritage area in the preparation and implementation of the management plan; (4) conduct Association meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) submit an annual report to the Secretary for any fiscal year in which the Association receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants to any other entities during the year for which the report is made; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; (7) encourage by appropriate means economic viability that is consistent with the purposes of the heritage area; and (8) maintain its headquarters at Morristown National Historical Park and in Mercer County. (b) Authorities.--The Association may, for the purposes of preparing and implementing the management plan for the heritage area, use Federal funds made available through this Act to__ (1) make grants to the State of New Jersey, its political subdivisions, nonprofit organizations and other persons; (2) enter into cooperative agreements with or provide technical assistance to the State of New Jersey, its political jurisdictions, nonprofit organizations, and other interested parties; (3) hire and compensate staff which shall include individuals with expertise in natural, cultural, historic resources protection, and heritage programming; (4) obtain money or services from any source, including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the purposes of the heritage area and is consistent with the approved management plan. (c) Prohibitions on the Acquisition of Real Property.--The Association may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding, intended for the acquisition of real property. SEC. 6. MANAGEMENT PLAN. (a) In General.--The management plan for the heritage area shall-- (1) include comprehensive polices, strategies and recommendations for conservation, funding, management, and development of the heritage area; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historic, and cultural resources of the heritage area; (4) specify the existing and potential sources of funding to protect, manage, and develop the heritage area in the first 5 years of implementation; (5) include an inventory of the natural, historical, cultural, educational, scenic and recreational resources of the heritage area related to the themes of the heritage area that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management which consider and detail the application of appropriate land and water management techniques including, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the heritage area's natural, historical, cultural, educational, scenic and recreational resources; (7) describe a program of implementation for the management plan including plans for resource protection, restoration, construction, and specific commitments for implementation that have been made by the Association or any government, organization, or individual for the first 5 years of implementation; (8) include an analysis and recommendations for ways in which local, State, and Federal programs, including the role of the National Park Service in the heritage area, may best be coordinated to further the purposes of this Act; and (9) include an interpretive plan for the heritage area. (b) Deadline and Termination of Funding.-- (1) Deadline.--The Association shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this Act. (2) Termination of funding.--Upon completion of the 3-year period in this subsection, further funding pursuant to this Act shall only be made available to the Association for the implementation of the management plan upon approval by the Secretary as provided in Section 7 of this Act. SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, upon the request of the Association provide technical assistance on a reimbursable or nonreimbursable basis and financial assistance to the heritage area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the Association and other public or private entities for this purpose. In assisting the heritage area, the Secretary shall give priority to actions that in general assist in-- (A) conserving the significant natural, historic, cultural, and scenic resources of the heritage area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the heritage area. (2) Other assistance.--Upon request, the Superintendent of Morristown National Historical Park may provide to public and private organizations within the heritage area, including the Association, such operational assistance as appropriate to support the implementation of the management plan for the heritage area, subject to the availability of appropriated funds. The Secretary is authorized to enter into cooperative agreements with public and private organizations for the purpose of implementing this subsection. (3) Preservation of historic properties.--The Secretary may provide assistance to State or local government or nonprofit organizations for appropriate treatment of historic objects or structures listed or eligible for listing on the National Register of Historic Places to further the purposes of this Act. (b) Approval and Disapproval of Management Plan.-- (1) In general.--The Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2) Criteria for approval.--In determining to approve the management plan, the Secretary shall consider whether-- (A) the Board of Directors of the Association is representative of the diverse interests of the heritage area including governments, natural and historic resource protection organizations, education, business, and recreation; (B) the Association has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the heritage area; and (D) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Action following disapproval.--If the Secretary disapproves the management plan, the Secretary shall advise the Association in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 60 days after the date it is submitted. (4) Approval of amendments.--Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The Association shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments. SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal agency conducting or supporting activities directly affecting the heritage area shall-- (1) consult with the Secretary and the Association with respect to such activities; (2) cooperate with the Secretary and the Association in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and, (3) to the maximum extent practicable, conduct or support such activities in a manner which the association determines will not have an adverse effect on the heritage area. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Association under this Act. (b) Matching Funds.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. SEC. 10. SUNSET. The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of the Act.

Crossroads of the American Revolution National Heritage Area Act of 2003 - Establishes the Crossroads of the American Revolution National Heritage Area in New Jersey.Designates the Crossroads of the American Revolution Association, Inc. as the Area's management entity. Directs the Association to submit, and to assist local governments, regional planning organizations, and nonprofit entities in implementing, an area management plan which includes strategies for conservation, funding, management, and development of the Area.Bars the Association from using Federal funds received under this Act to acquire real property, but permits the Association to use any other source of funding, including other Federal funding, intended for the acquisition of real property. Limits Federal funding to 50 percent of any assistance provided.Authorizes the Secretary of the Interior to provide assistance to: (1) the Area to develop and implement the management plan; and (2) State or local government or nonprofit organizations for treatment of historical objects or structures eligible for listing on the National Register of Historic Places. Authorizes the Superintendent of Morristown National Historical Park to provide operational assistance supporting implementation of the management plan to public and private organizations within the Area, including the Association.

To establish the Crossroads of the American Revolution National Heritage Area in the State of New Jersey, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Campaign Reform Act''. SEC. 2. INCOME TAX CREDIT FOR CONGRESSIONAL CAMPAIGN CONTRIBUTIONS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 23 the following new section: ``SEC. 24. CONGRESSIONAL CAMPAIGN CONTRIBUTIONS. ``(a) General Rule.--In the case of an individual, there shall be allowed, subject to the limitations in subsection (b), as a credit against the tax imposed by this chapter for the taxable year, an amount equal to the sum of-- ``(1) 100 percent of the portion of all qualified congressional campaign contributions which does not exceed $25, and ``(2) 50 percent of the remaining portion of all qualified congressional campaign contributions. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) for a taxable year shall not exceed $100 ($200 in the case of a joint return). ``(2) Verification.--A credit shall be allowed by subsection (a) with respect to any contribution only if the contribution is verified in the manner prescribed by the Secretary in regulations. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified congressional campaign contribution.--The term `qualified congressional campaign contribution' means a contribution or gift of money-- ``(A) payment of which is made during the taxable year to an individual who is a candidate for nomination or election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress in any primary, general, or special election, for use by the individual to further the candidacy of the individual for nomination or election to the office, and ``(B) which is from a taxpayer (or either spouse in the case of a joint return) who is a resident of the State in which the election is held. ``(2) Candidate.--The term `candidate' means an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the contribution or gift is made that the individual is a candidate for nomination or election to an office referred to in paragraph (1)(A), and ``(B) meets the qualifications prescribed by law to hold the office. ``(d) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 1994, each dollar amount contained in subsections (a) and (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1994' for `calendar year 1989' in subparagraph (B) of such section. ``(e) Credit not Allowed to Estates and Trusts.--No credit shall be allowed under this section to any estate or trust.''. (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Congressional campaign contributions.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 3. REDUCTION IN THE CEILING ON MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS TO CANDIDATES. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$2,500''. SEC. 4. INCREASE IN THE CEILING ON CONTRIBUTIONS TO CANDIDATES BY PERSONS OTHER THAN MULTICANDIDATE POLITICAL COMMITTEES. Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and inserting in lieu thereof ``$2,000''. SEC. 5. PROHIBITION OF LEADERSHIP COMMITTEES. Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 432) is amended by adding at the end the following new subsection: ``(j) A candidate for Federal office may not establish, maintain, finance, or control a political committee other than the principal campaign committee of the candidate.''. SEC. 6. PROHIBITION OF CONTRIBUTIONS BETWEEN MULTICANDIDATE POLITICAL COMMITTEES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) No multicandidate political committee may make any contribution to another multicandidate political committee.''. SEC. 7. ADDITIONAL REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d) In addition to any other reporting requirement under this section, each authorized committee of a candidate shall include in any report of contributions to such committee, with respect to any contribution of more than $25, the name and mailing address of the person making the contribution, and, in the case of a contribution by an individual, the occupation and the name of the employer of the individual.''. SEC. 8. NAME REQUIREMENT FOR CERTAIN SEPARATE SEGREGATED FUNDS. Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by adding at the end the following new sentence: ``Any separate segregated fund under subparagraph (C) that is a multicandidate political committee shall include in its name the name of the entity that establishes the fund.''. SEC. 9. SIGNATURE OF CANDIDATE REQUIRED ON REPORTS OF AUTHORIZED COMMITTEES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 7, is further amended by adding at the end the following new subsection: ``(e) Any report required by this section with respect to an authorized committee of a candidate shall be signed by the candidate.''.

Common Sense Campaign Reform Act - Amends the Internal Revenue Code to allow a tax credit of up to $100 ($200 for a joint return) for qualified congressional campaign contributions. Amends the Federal Election Campaign Act of 1971 to reduce the ceiling (from $5,000 to $2,500) on multicandidate political committee (PAC) contributions to candidates for Federal office. Increases the ceiling (from $1,000 to $2,000) on contributions to such candidates by persons other than PACs. Prohibits a candidate for Federal office from establishing, maintaining, financing, or controlling a political committee (leadership committee) other than the principal campaign committee. Prohibits contributions between PACs. Requires the authorized committee of a candidate to include in the report of contributions to such committee certain identifying information of contributors of more than $25. Requires a separate segregated fund established by a national bank, corporation, or labor organization that is a PAC to include in its name the name of the establishing entity. Requires the candidate to sign any required reports.

Common Sense Campaign Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay Stub Disclosure Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The lack of a Federal requirement to provide employees with pay stubs indicating how their pay is calculated or to allow employee inspections of employers' payroll records significantly impedes efforts to identify and challenge wage and hour violations. (2) In a survey of 4,387 low-wage workers in New York, Los Angeles, and Chicago, more than a quarter of workers were paid less than the minimum wage and among those who worked more than 40 hours per week, more than three-quarters were not paid overtime. Fifty-seven percent of these workers reported that they did not receive a pay stub in the previous week. (3) Some employers are increasingly engaging in practices that make it extremely difficult for workers to calculate their pay, including paying workers in cash or by personal checks. (4) While the Fair Labor Standards Act of 1938 and the regulations of the Department of Labor require employers to keep records of employees' pay, the lack of remedies diminishes the effectiveness of this requirement. (5) The Supreme Court held in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 (1946)) that where an employer fails to keep records that are required under the Fair Labor Standards Act of 1938, when an employee presents sufficient evidence of the ``amount and extent of that work'', for which the employee was ``improperly compensated'' the burden shifts to the employer to disprove the employee's testimony and evidence of the hours the employee worked and how much he or she was paid. (6) Far too many courts have failed to shift the burden to the employer, where the employer has failed to keep records or has kept inadequate records, instead giving the employer's testimony equal weight to credible evidence produced by the employee. SEC. 3. PAY STUB REQUIREMENTS. (a) Disclosure Requirements.--Section 11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 211) is amended by adding at the end the following: ``(e) Information To Be Disclosed to Certain Employees.-- ``(1) Initial Disclosure.--Each employer shall provide an initial disclosure to each employee who is not subject to the exemptions set forth in section 13 within 15 days of the date such employee is hired or any of the information in subparagraphs (A) through (C) changes with respect to that employee. Such disclosure shall include-- ``(A) the rate or rates of pay and whether the employee is paid by the hour, shift, day, week, or job, or by salary, piece rate, commission, or other form of compensation; ``(B) the name of the employer and any other name used by the employer to conduct business; and ``(C) the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if such mailing address is different from the address of the main office or principal place of business. ``(2) Disclosures Required in Each Pay Stub.--Each employer shall disclose to each employee who is not subject to the exemptions set forth in section 13 in a pay stub provided each pay period-- ``(A) the pay period covered; ``(B) the name of the employee and the last four digits of the employee's Social Security number; ``(C) the total hours worked by the employee, including the number of hours worked per workweek in the pay period; ``(D)(i) in the case of an employee who is paid an hourly wage, the total gross and net wages paid, and the rate of pay for each hour worked; ``(ii) in the case of an employee who is paid a salary in lieu of an hourly wage, the amount of salary paid during the pay period; ``(iii) in the case of an employee employed at piece rate, the number of piece-rate units earned, the applicable piece rate, and total amount paid in accordance with such piece rate; and ``(iv) in the case of an employee who receives commission or is paid on the basis of any other type of rate, the total amount paid in commission or in accordance with such rate and any additional information relating to such pay as determined by the Secretary; ``(E) the number of overtime hours worked during each workweek of the pay period and the hourly rate of pay for each such overtime hour, or, in the case of an employee employed at piece rate, the piece rate paid for each such overtime hour; ``(F) any additional compensation paid or benefits provided, including an explanation of each type of compensation or benefit; and ``(G) any deductions, with an explanation of each deduction, and any allowances or reimbursements, with an explanation of each allowance or reimbursement. ``(3) Requirements Related to Disclosure of Compensation, Benefits, Allowances, and Reimbursements.--In disclosing the information required to be disclosed pursuant to subparagraphs (F) and (G) of paragraph (2)-- ``(A) the compensation and benefits required to be disclosed include-- ``(i) any bonus, paid leave (including paid vacation or personal time, paid sick leave, or any other paid leave), or other compensation; ``(ii) any employer contributions to health care coverage or to a retirement account for the employee and any transit or other benefits provided by the employer; and ``(iii) any additional form of pay that is required under State or local law, or for which records are required to be kept pursuant to State or local law, such as reporting time pay, split shift pay, paid sick leave, or paid family or medical leave. ``(B) the allowances and reimbursements required to be disclosed include any amounts paid to or reimbursed to an employee for meals, clothing, lodging, or any other item for which the employer makes an allowance or provides a reimbursement; and ``(C) the explanation for any additional compensation, benefits, allowances, or reimbursements shall be itemized and may not be described as `miscellaneous'. ``(4) Form of Disclosure Required.--The pay stub required by paragraph (2) shall be provided to an employee each pay period and may be provided-- ``(A) as a separate document, accompanying an employee's pay; ``(B) as a detachable part of a paycheck for employees receiving a paycheck; or ``(C) electronically, at the election of the employee, if the employee receives his or her pay through electronic deposit.''. (b) Recordkeeping Requirements.--Section 11 of such Act is further amended by adding at the end of subsection (c) the following: ``An employer shall keep records of the information disclosed in an employee's pay stub, as required by subsection (e), for a period of three years from the date of issuance of each pay stub.''. (c) Investigations and Inspections.--Section 11 of such Act is further amended by adding at the end of subsection (a) the following: ``In the event that an employee requests an inspection of such employee's records described in subsection (c), the employer shall provide copies of such records for a period of up to three years prior to such request. An employer shall comply with an employee's requests to inspect records within 21 days of such request.''. (d) Notice and Posting Requirement.--Section 11 of such Act is further amended by inserting after subsection (e) (as added by subsection (a)) the following: ``(f)(1) Every employer subject to any provision of this Act or of any order issued under this Act shall provide a notice to each employee within 15 days of the date of hire that includes-- ``(A) a description of the employee's right to receive a pay stub and the information which the pay stub must contain; ``(B) the address and telephone number for the applicable local office of the Department of Labor; and ``(C) such additional information as the Secretary shall require by regulation. ``(2) In the case of employees employed by an employer on the date of enactment of this Act, the employer shall provide the notice described in paragraph (1) within 15 days of the effective date of the Pay Stub Disclosure Act.''. (e) Conforming Amendment.--The section heading of section 11 of such Act is amended by inserting ``pay stub disclosures,'' after ``records,''. SEC. 4. ENFORCEMENT. (a) In General.--Section 16 of the Fair Labor Standards Act of 1938 is further amended-- (1) in subsection (b)-- (A) by inserting after the second sentence the following: ``An employer who violates subsections (e) or (f) of section 11 shall be liable to the affected employee for $50 for the initial pay period in which such a violation occurs and $100 per employee for each violation in a subsequent pay period, not to exceed an aggregate of $4,000 per employee.''; and (B) by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences''; (2) in subsection (e)-- (A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (B) by inserting after paragraph (2) the following: ``(3) An employer who fails to make, keep, and preserve records as required by section 11(c), or fails to permit a current or former employee to inspect or copy records as required by section 11(a), shall be subject to a civil penalty of $750 per violation.''; and (3) by adding at the end the following: ``(f) The Secretary shall have the authority, in accordance with inflation, to periodically increase the amounts provided for in this section as penalties or recoverable in an action described in subsection (b).''. (b) Evidentiary Standards.--Section 15 of such Act (29 U.S.C. 215) is amended by adding at the end the following: ``(c) In the event that an employer fails to keep sufficient records as required by section 11(c) and any related regulations, the employee's production of credible evidence and testimony regarding the amount and extent of the work for which the employee was improperly compensated shall be sufficient to create a rebuttable presumption that the employee's records are accurate, consistent with the Supreme Court's decision in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 (1946)).''. SEC. 5. DEFINITIONS. Section 3 of the Fair Labor Standards Act of 1938 29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Pay stub' means a paper that itemizes in writing all wages and deductions paid to an employee each pay period.''. SEC. 6. REGULATIONS AND TECHNICAL ASSISTANCE. (a) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall prescribe such regulations as are necessary to carry out this Act, including a list of State and local laws-- (1) with requirements that are substantially similar to the requirements of this Act; and (2) compliance with which the Secretary may determine satisfies the requirements of this Act. (b) Guidance and Technical Assistance.--In order to achieve the objectives of this Act, the Secretary of Labor-- (1) acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing the disclosures required pursuant to this Act; and (2) shall provide technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 6 months after final regulations are issued by the Secretary of Labor and not later than 18 months after the date of enactment of this Act.

Pay Stub Disclosure Act This bill amends the Fair Labor Standards Act of 1938 to require each employer to provide an initial disclosure to each employee who is not subject to certain exemptions from minimum wage and maximum hour requirements within 15 days after: (1) the employee is hired, or (2) specified information in the initial disclosure changes. The information specified in that initial disclosure shall include: the pay rate and form of compensation; the name of the employer and any other name used by the employer to conduct business; and the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if different from the first one. The bill specifies additional disclosures that must be in each pay stub, including the pay period covered, the employee's name and truncated Social Security number, the total hours worked by the employee, benefits, allowances, and reimbursements. The bill also prescribes the form of the pay stub as well as employer notice requirements. An employer shall keep records of the information disclosed in an employee's pay stub for three years from each stub's issuance. In the event that an employee requests an inspection of his or her records, the employer shall provide copies of them for up to three years before the request. The bill prescribes civil penalties for employer failure to comply with this Act.

Pay Stub Disclosure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rehab and Ahmed Amer Foster Care Improvement Act of 2012''. SEC. 2. REQUIREMENT THAT STATES FOLLOW CERTAIN PROCEDURES IN PLACING A CHILD REMOVED FROM THE CUSTODY OF HIS OR HER PARENTS. (a) In General.--Section 471(a)(29) of the Social Security Act (42 U.S.C. 671(a)(29)) is amended to read as follows: ``(29) provides that-- ``(A) within 30 days after the removal of a child from the custody of the parent or parents of the child, the State shall exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child (including any other adult relatives suggested by the parents), subject to exceptions due to family or domestic violence, that-- ``(i) specifies that the child has been or is being removed from the custody of the parent or parents of the child; ``(ii) explains the options the relative has under Federal, State, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; ``(iii) describes the requirements under paragraph (10) of this subsection to become a foster family home and the additional services and supports that are available for children placed in such a home; and ``(iv) if the State has elected the option to make kinship guardianship assistance payments under paragraph (28) of this subsection, describes how the relative guardian of the child may subsequently enter into an agreement with the State under section 473(d) to receive the payments; ``(B) within 90 days after the State makes a placement decision with respect to the child, the State shall provide notice of the decision and the reasons therefor to each parent of the child, each relative who has expressed to the State an interest in caring for the child, the guardian, and the guardian ad litem for the child, the attorney for the child, the attorney for each parent of the child, the child (if the child is able to express an opinion regarding placement), and the prosecutor involved; and ``(C) the State shall establish procedures to-- ``(i) allow a person who receives a notice pursuant to subparagraph (B) to request, in writing, within 5 days after receipt of the notice, documentation of the reasons for the decision involved; ``(ii) allow the attorney for the child to petition the court involved to review the decision; and ``(iii) require the court to-- ``(I) commence such a review within 7 days after receipt of a petition made pursuant to clause (ii); and ``(II) conduct such a review on the record;''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date. (2) Delay permitted if state legislation required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendment made by subsection (a), the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Rehab and Ahmed Amer Foster Care Improvement Act of 2012 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise requirements that states must follow to contact the adult relatives of a child removed from the custody of his or her parents. Requires the state, within 90 days after making a placement decision, to provide notice of the decision and the reasons for it to each parent of the child, each relative who has expressed an interest in caring for the child, the guardian, and other specified parties. Requires the state to establish procedures to: (1) allow a person who receives such a notice to request documentation of the reasons for the decision involved, (2) allow the attorney for the child to petition the court involved to review the decision, and (3) require the court to commence such a review on the record after receiving such a petition.

To amend part E of title IV of the Social Security Act to require States to follow certain procedures in placing a child who has been removed from the custody of his or her parents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood-Affected States Assistance Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Designated.--The term ``designated'' means-- (A) with respect to a State or a political subdivision of a State, that the President declared, between April 1, 1993, and August 1, 1993, that a major disaster or emergency exists under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in the State or political subdivision as a result of the widespread flooding in the Midwest in 1993; and (B) with respect to an individual or a family, that the individual or family resides in a designated State or a designated political subdivision of a State described in subparagraph (A). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) State agency.--The term ``State agency'' means-- (A) with respect to part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the State agency that administers or supervises the administration of the State's plan approved under section 402 of such Act (42 U.S.C. 602); (B) with respect to part F of title IV of such Act (42 U.S.C. 681 et seq.), the State agency that administers or supervises the administration of the State's plan approved under section 402 of such Act (42 U.S.C. 602); and (C) with respect to title XIX of such Act (42 U.S.C. 1396 et seq.), the State agency that administers or supervises the administration of the State's plan approved under section 1902 of such Act (42 U.S.C. 1396a). SEC. 3. ENHANCED FEDERAL MEDICAL ASSISTANCE PERCENTAGE FOR SERVICES FURNISHED TO CERTAIN INDIVIDUALS. Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) or any other provision of law, with respect to amounts expended by a State as medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.) for services furnished during the 2-year period beginning July 1, 1993, to any designated individual, the Federal medical assistance percentage for such State shall be 83 percent. SEC. 4. DISREGARD OF CERTAIN DONATED ITEMS AND TEMPORARY FINANCIAL ASSISTANCE WHEN DETERMINING ELIGIBILITY FOR BENEFITS UNDER THE AFDC AND MEDICAID PROGRAMS. Notwithstanding any other provision of law, an amount equal to the amount of, or value of, a donation or temporary financial assistance (including cash and in-kind services) provided by the Federal Government, a State, a political subdivision of a State, or a private person to a designated individual or designated family as disaster assistance (including assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)) as a result of the widespread flooding in the Midwest in 1993 shall be excluded from a determination of income or resources made by a State agency pursuant to a State plan under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under title XIX of such Act (42 U.S.C. 1396 et seq.). SEC. 5. INDIVIDUAL AND FAMILY GRANT PROGRAM. (a) Federal Payment.--Notwithstanding subsection (b) of section 411 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178), for the 2-year period beginning April 1, 1993, the Federal share of any grant made under such section to a designated individual or a designated family shall be equal to 100 percent of the actual cost incurred. (b) Administrative Cost Limit Waived.--For the 2-year period beginning on April 1, 1993, the 5 percent limitation applicable to administrative expenses under subsection (d) of section 411 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178) shall not apply in the case of any grant made to a designated individual or a designated family. SEC. 6. EXTENSION OF SUBMISSION DEADLINE FOR CERTAIN AFDC AND JOBS PROGRAM REPORTS. Notwithstanding any other provision of law, with respect to any designated State, each report relating to the State plan that the State agency is required to file with the Secretary under parts A and F of title IV of the Social Security Act (42 U.S.C. 601 et seq. and 681 et seq.) not later than September 30, 1993, shall not be required to be filed until December 31, 1993. SEC. 7. TEMPORARY SUSPENSION OF CERTAIN STATE QUALITY CONTROL FUNCTIONS. Notwithstanding any other provision of law, during the period beginning on September 1, 1993, and ending on February 28, 1994, for each designated State-- (1) the State agency of the State shall not be required to carry out quality control requirements under section 408 of the Social Security Act (42 U.S.C. 608) and section 1903(u) of such Act (42 U.S.C. 1396b(u)); (2) the error rate for the State determined under subsection (d) of section 408 of such Act (42 U.S.C. 608) shall be deemed to be zero; and (3) the ratio of the State's erroneous excess payments for medical assistance to the State's total expenditures for medical assistance under the State plan approved under title XIX of such Act (42 U.S.C. 1396 et seq.) determined under subsection (u) of section 1903 of such Act (42 U.S.C. 1396b) shall be deemed to be zero. SEC. 8. COMPLIANCE WITH REQUIREMENTS RELATING TO CHILD SUPPORT DATA PROCESSING AND INFORMATION RETRIEVAL SYSTEMS. Notwithstanding section 454(16) of the Social Security Act (42 U.S.C. 654(16)) or any other provision of law, a designated State shall be deemed to be in compliance with any requirements under part D of title IV of such Act (42 U.S.C. 651 et seq.) relating to the State's statewide automated data processing and information retrieval system for purposes of payments under section 455(a)(1)(B) of such Act (42 U.S.C. 655(a)(1)(B)) until December 1, 1993. SEC. 9. ENHANCED FEDERAL MATCH FOR CERTAIN NEW ELIGIBLES. (a) In General.--Notwithstanding any other provision of law, for the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by any designated State under a program described in subsection (b) shall be 100 percent of such expenses attributable to any unanticipated newly eligible individuals (as defined in subsection (c)). (b) Programs Described.--For purposes of subsection (a), a program described in this subsection is a State program operated in accordance with a State plan approved under part A, D, or E of title IV of the Social Security Act (42 U.S.C. 601 et seq., 651 et seq., or 670 et seq.), or title XIX of such Act (42 U.S.C. 1396 et seq.). (c) Definition.--For purposes of subsection (a), the term ``unanticipated newly eligible individuals'' means individuals who became eligible for a program described in subsection (b) on or after July 1, 1993, and who are in excess of the number of individuals anticipated by the Secretary to become eligible for such program during the period referred to in subsection (a) based on the rate of increase in eligible individuals for such program before the widespread flooding in the Midwest in 1993. SEC. 10. ENHANCED FEDERAL MATCH FOR TRANSITIONAL HOUSING SPECIAL NEEDS UNDER THE AFDC PROGRAM. Notwithstanding section 403(a) of the Social Security Act (42 U.S.C. 603(a)) or any other provision of law, during the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by any designated State providing transitional housing special needs under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) to any designated individual or designated family shall be 100 percent. SEC. 11. ENHANCED FEDERAL MATCH FOR JOBS PROGRAM. Notwithstanding section 403(l) of the Social Security Act (42 U.S.C. 603(l)) or any other provision of law, during the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by a State with respect to a designated individual who participates in the jobs program under part F of the title IV of the Social Security Act (42 U.S.C. 681 et seq.) shall be 100 percent. SEC. 12. ENHANCED FEDERAL MATCH FOR EMERGENCY ASSISTANCE FURNISHED TO FAMILIES WITH CHILDREN. Notwithstanding section 403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)) or any other provision of law, during the 2-year period beginning on July 1, 1993, the Federal share of the expenses incurred by a State with respect to a designated individual or a designated family receiving emergency assistance to families with children (without regard to the 30-day limitation for receipt of such aid in any 12-month period under section 406(e)(1) of such Act (42 U.S.C. 606(e)(1))) shall be 100 percent. SEC. 13. ENHANCED FEDERAL MATCH FOR CERTAIN OPTIONAL MEDICAL SERVICES. Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) or any other provision of law, with respect to services covered under the State plan of any designated State under title XIX of such Act (42 U.S.C. 1396 et seq.) at the option of such State which are furnished to a designated individual and paid for by a county of such State in accordance with State law, the Federal medical assistance percentage during the 2-year period beginning July 1, 1993, shall be 100 percent. SEC. 14. PERMANENT ENHANCED FEDERAL MATCH UNDER THE INDIVIDUAL AND FAMILY GRANT PROGRAMS FOR STATES FREQUENTLY DECLARED TO BE DISASTER AREAS. Section 411(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5178(b)) is amended-- (1) in paragraph (1), by striking ``The Federal share'' and inserting ``Except as provided in paragraph (3), the Federal share''; (2) in paragraph (2), by striking ``The Federal share'' and inserting ``Except as provided in paragraph (3), the Federal share''; and (3) by adding at the end the following new paragraph: ``(3) Enhanced federal share under certain circumstances.-- If the President has declared a major disaster to exist under this Act in more than one-third of the counties in a State in 2 of the previous 5 calendar years, the Federal share of a grant to an individual or a family under this section shall be equal to 100 percent of the actual cost incurred.''.

Flood-Affected States Assistance Act of 1993 - Provides for an enhanced Federal medical assistance match for services furnished under Medicaid (title XIX of the Social Security Act (SSA)) to individuals residing in major disaster areas resulting from the widespread flooding in the Midwest in 1993 (Midwest flood areas). Disregards certain donated items and temporary financial assistance when determining eligibility for benefits under the Aid to Families with Dependent Children (AFDC) (SSA title IV part A) and Medicaid programs. Provides for a greater Federal share of grants to individuals and families residing in Midwest flood areas. Waives certain administrative costs involved in such grants. Extends the submission deadline for certain AFDC and JOBS (Job Opportunities and Basic Skills Training Program) (SSA title IV part F) program reports. Suspends temporarily certain State quality control functions. Deems States in Midwest flood areas to be in compliance with requirements under SSA title IV part D (Child Support and Establishment of Paternity) relating to child support data processing and information retrieval systems. Provides for an enhanced Federal match for: (1) individuals in Midwest flood areas who are newly eligible for Medicaid or certain State welfare programs; (2) the transitional housing special needs of such individuals under AFDC; (3) emergency assistance furnished to families in Midwest flood areas with children; (4) JOBS program participants in Midwest flood areas; and (5) certain optional Medicaid services furnished to individuals in Midwest flood areas. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for a permanent enhanced Federal match under the individual and family grant program for States frequently declared to be disaster areas.

Flood-Affected States Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign-Held Debt Transparency and Threat Assessment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the following: (A) The Committee on Armed Services, the Committee on Foreign Relations, the Committee on Finance, and the Committee on the Budget of the Senate. (B) The Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on the Budget of the House of Representatives. (2) Debt instruments of the united states.--The term ``debt instruments of the United States'' means all bills, notes, and bonds issued or guaranteed by the United States or by an entity of the United States Government, including any Government- sponsored enterprise. SEC. 3. FINDINGS. Congress makes the following findings: (1) On March 16, 2006, the United States Senate debated and then narrowly passed legislation, H.J. Res. 47, to increase the statutory limit on the public debt of the United States. In a statement published in the Congressional Record, then-Senator Barack Obama opposed the legislation and stated, ``The fact that we are here today to debate raising America's debt limit is a sign of leadership failure. It is a sign that the U.S. Government can't pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government's reckless fiscal policies.''. Then- Senator Obama went on to say that ``Increasing America's debt weakens us domestically and internationally. Leadership means that `the buck stops here'. Instead, Washington is shifting the burden of bad choices today onto the backs of our children and grandchildren. America has a debt problem and a failure of leadership. Americans deserve better.''. (2) On February 25, 2010, United States Secretary of State, Hillary Rodham Clinton, urged members of Congress to address the Federal budget deficit: ``We have to address this deficit and the debt of the United States as a matter of national security, not only as a matter of economics. I do not like to be in a position where the United States is a debtor nation to the extent that we are.''. The Secretary went on to say that reliance on foreign creditors has hit the United States ``ability to protect our security, to manage difficult problems and to show the leadership that we deserve.''. (3) On February 16, 2011, Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, testified before the Committee on Armed Services of the Senate: ``Indeed, I believe that our debt is the greatest threat to our national security. If we as a country do not address our fiscal imbalances in the near-term, our national power will erode, and the costs to our ability to maintain and sustain influence could be great.''. (4) The Department of the Treasury borrows from the private economy by selling securities, including Treasury bills, notes, and bonds, in order to finance the Federal budget deficit. This additional borrowing to finance the deficit adds to the Federal debt. (5) The Federal debt stands at more than $14,345,000,000,000. (6) According to a report issued by the Department of the Treasury on May 16, 2011, entitled ``Major Foreign Holders of Treasury Securities'', foreign holdings of United States Treasury securities stood at more than $3,175,000,000,000 at the end of March 2011. The People's Republic of China was the single largest holder with holdings of more than $1,144,000,000,000. (7) Despite efforts by the Department of the Treasury to identify the nationality of the ultimate holders of United States securities, including United States Treasury securities, data pertaining to foreign holders of these securities may still fail to reflect the true nationality of the foreign entities involved. For example, another Department of the Treasury report, issued on February 28, 2011, entitled ``Preliminary Report on Foreign Holdings of U.S. Securities At End-June 2010'', assigns $732,000,000,000 worth of United States securities to the Cayman Islands, a British overseas territory with a population of only 55,000 people. The Cayman Islands is not itself a large investor in United States securities; rather, it is a major international financial center and is routinely used as a place to invest funds from elsewhere. (8) On February 25, 2010, Simon Johnson, an economics professor at the Massachusetts Institute of Technology and a former chief economist for the International Monetary Fund, testified before the U.S.-China Economic and Security Review Commission that United States Treasury data understate Chinese holdings of United States Government debt and ``do not reveal the ultimate country of ownership when debt instruments are held through an intermediary in another jurisdiction.''. He stated that ``a great deal'' of the United Kingdom's increase in United States Treasury securities last year ``may be due to China placing offshore dollars in London-based banks'', which are then used to purchase United States Treasury securities. (9) On February 25, 2010, Dr. Eswar Prasad, an economist at Cornell University, testified before the U.S.-China Economic and Security Review Commission that the amount of United States debt held by the People's Republic of China is much higher than United States Treasury data indicate. In his revised testimony, Dr. Prasad went on to explain that China is probably currently holding more than $1,300,000,000,000 in United States Treasury securities. (10) According to a February 3, 2009, report by the Heritage Foundation, entitled ``Chinese Foreign Investment: Insist on Transparency'', the State Administration of Foreign Exchange (SAFE) of the People's Republic of China, the government body that purchases foreign securities, is the single largest global investor and the largest foreign investor in the United States. (11) According to a September 2008 Council on Foreign Relations report entitled ``Sovereign Wealth and Sovereign Power,'' ``. . . political might is often linked to financial might, and a debtor's capacity to project military power hinges on the support of its creditors . . . The United States' main sources of financing are not allies.''. The report goes on to argue that, ``the United States' current reliance on other governments for financing represents an underappreciated strategic vulnerability.''. (12) In recent years, Chinese military officials have publicized the potential use of United States Treasury securities as a means of influencing United States policy and deterring specific United States actions. On February 8, 2010, retired People's Liberation Army (PLA) Major General Luo Yuan, from the PLA Academy of Military Science, stated in an interview with state-controlled media that China could attack the United States ``by oblique means and stealthy feints'', in retaliation for United States arms sales to Taiwan. He went on to say, ``Our retaliation should not be restricted to merely military matters, and we should adopt a strategic package of counterpunches covering politics, military affairs, diplomacy and economics to treat both the symptoms and root cause of this disease. For example, we could sanction them using economic means, such as dumping some U.S. government bonds.''. (13) The PLA has also referenced the concept of nonmilitary aspects of deterrence in written statements. A PLA textbook, ``The Science of Military Strategy'', observes that there are various forms of deterrence, including economic and technological, all of which need to be developed and consciously strengthened in order to maximize effect. These forms will only work ``with the determination and volition of employment of the force, and by dangling the word of deterrence over the rival's head in case of necessity.''. (14) According to a May 16, 2011, report by ABC News, a congressional delegation of 10 United States Senators visited China in April 2011, and met with Chinese government officials. The news report indicates that, during one meeting, the Senators were reprimanded by a Chinese official regarding the mounting United States Federal debt. (15) A February 7, 2010, report by Defense News suggests that China's extensive holdings of United States Government securities have already directly influenced United States national security policy. According to an unnamed Pentagon official, Obama Administration officials softened a draft of a key national security document in order to avoid ``harsh words'' that ``might upset Chinese officials at a time when the United States and China are economically intertwined.''. The news report indicates that these officials ``deleted several passages and softened others about China's military buildup''. This critical document, the 2010 Quadrennial Defense Review, provides an assessment of long-term threats and challenges for the Nation and is intended to guide military programs, plans, and budgets in the coming decades. (16) The United States Government pays China a substantial amount of interest on China's $1,144,000,000,000 in holdings of United States Government debt, and this enhances China's ability to fund its own military programs. (17) According to a March 4, 2011, report by Xinhua, the official press agency of the government of the People's Republic of China, China plans to increase its 2011 military budget by 12.7 percent to 601,000,000,000 yuan (the equivalent of $91,500,000,000). This increase is in addition to China's 2010 increase in its military budget of 7.5 percent. (18) According to the Department of Defense's (DoD) 2010 report entitled ``Military and Security Developments Involving the People's Republic of China,'' the DoD estimates China's actual total military-related spending for 2009 to be over $150,000,000,000. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the growing Federal debt of the United States has the potential to jeopardize the national security and economic stability of the United States; (2) the increasing dependence of the United States on foreign creditors has the potential to make the United States vulnerable to undue influence by certain foreign creditors in national security and economic policymaking; (3) the People's Republic of China is the largest foreign creditor of the United States, in terms of its overall holdings of debt instruments of the United States; (4) the current level of transparency in the scope and extent of foreign holdings of debt instruments of the United States is inadequate and needs to be improved, particularly regarding the holdings of the People's Republic of China; (5) through the People's Republic of China's large holdings of debt instruments of the United States, China has become a super creditor of the United States; (6) under certain circumstances, the holdings of the People's Republic of China could give China a tool with which China can try to manipulate the domestic and foreign policymaking of the United States, including the United States relationship with Taiwan; (7) under certain circumstances, if the People's Republic of China were to be displeased with a given United States policy or action, China could attempt to destabilize the United States economy by rapidly divesting large portions of China's holdings of debt instruments of the United States; and (8) the People's Republic of China's expansive holdings of such debt instruments of the United States could potentially pose a direct threat to the United States economy and to United States national security. This potential threat is a significant issue that warrants further analysis and evaluation. SEC. 5. QUARTERLY REPORT ON RISKS POSED BY FOREIGN HOLDINGS OF DEBT INSTRUMENTS OF THE UNITED STATES. (a) Quarterly Report.--Not later than March 31, June 30, September 30, and December 31 of each year, the President shall submit to the appropriate congressional committees a report on the risks posed by foreign holdings of debt instruments of the United States, in both classified and unclassified form. (b) Matters To Be Included.--Each report submitted under this section shall include the following: (1) The most recent data available on foreign holdings of debt instruments of the United States, which data shall not be older than the date that is 7 months preceding the date of the report. (2) The country of domicile of all foreign creditors who hold debt instruments of the United States. (3) The total amount of debt instruments of the United States that are held by the foreign creditors, broken out by the creditors' country of domicile and by public, quasi-public, and private creditors. (4) For each foreign country listed in paragraph (2)-- (A) an analysis of the country's purpose in holding debt instruments of the United States and long-term intentions with regard to such debt instruments; (B) an analysis of the current and foreseeable risks to the long-term national security and economic stability of the United States posed by each country's holdings of debt instruments of the United States; and (C) a specific determination of whether the level of risk identified under subparagraph (B) is acceptable or unacceptable. (c) Public Availability.--The President shall make each report required by subsection (a) available, in its unclassified form, to the public by posting it on the Internet in a conspicuous manner and location. SEC. 6. ANNUAL REPORT ON RISKS POSED BY THE FEDERAL DEBT OF THE UNITED STATES. (a) In General.--Not later than December 31 of each year, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the risks to the United States posed by the Federal debt of the United States. (b) Content of Report.--Each report submitted under this section shall include the following: (1) An analysis of the current and foreseeable risks to the long-term national security and economic stability of the United States posed by the Federal debt of the United States. (2) A specific determination of whether the levels of risk identified under paragraph (1) are sustainable. (3) If the determination under paragraph (2) is that the levels of risk are unsustainable, specific recommendations for reducing the levels of risk to sustainable levels, in a manner that results in a reduction in Federal spending. SEC. 7. CORRECTIVE ACTION TO ADDRESS UNACCEPTABLE AND UNSUSTAINABLE RISKS TO UNITED STATES NATIONAL SECURITY AND ECONOMIC STABILITY. In any case in which the President determines under section 5(b)(4)(C) that a foreign country's holdings of debt instruments of the United States pose an unacceptable risk to the long-term national security or economic stability of the United States, the President shall, within 30 days of the determination-- (1) formulate a plan of action to reduce the risk level to an acceptable and sustainable level, in a manner that results in a reduction in Federal spending; (2) submit to the appropriate congressional committees a report on the plan of action that includes a timeline for the implementation of the plan and recommendations for any legislative action that would be required to fully implement the plan; and (3) move expeditiously to implement the plan in order to protect the long-term national security and economic stability of the United States.

Foreign-Held Debt Transparency and Threat Assessment Act - Expresses the sense of Congress about the growing federal debt of the United States, the increasing U.S. dependence on foreign creditors like the People's Republic of China, whose holdings could give China a tool with which to manipulate U.S. policymaking (including with respect to Taiwan) and pose a direct threat to the national economy and national security. Directs the President to report quarterly to certain congressional committees on the risks posed by foreign holdings of U.S. debt instruments, and make such report public on the Internet. Directs the President to formulate, report to the appropriate congressional committees, and implement a plan of action to reduce an unsustainable level of risk to an acceptable and sustainable level, in a manner that results in a reduction in federal spending, in any case in which the President makes specified determinations that a foreign country's holdings of U.S. debt instruments pose an unacceptable risk to long-term national security or economic stability of the United States.

A bill to increase transparency regarding debt instruments of the United States held by foreign governments, to assess the risks to the United States of such holdings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truck Safety Act''. SEC. 2. MINIMUM AMOUNTS. (a) Transporting Property.-- (1) In general.--Section 31139(b) of title 49, United States Code, is amended-- (A) in paragraph (2), by striking ``$750,000'' and inserting ``$1,500,000''; and (B) by adding at the end the following: ``(3) The minimum level of financial responsibility under paragraph (2) shall be adjusted annually by the Secretary to reflect changes in the Consumer Price Index--All Urban Consumers.''. (2) Effective date.--The amendments made by paragraph (1) shall take effect 1 year after the date of enactment of this Act. (b) Rulemaking.--The Secretary of Transportation, by regulation, shall increase any minimum level of financial responsibility required under section 31138 or section 31139 if, after an opportunity for notice and comment, the Secretary determines that the current amount is insufficient to satisfy liability amounts covering the claims described in section 31138 or section 31139, as applicable. SEC. 3. COLLISION AVOIDANCE TECHNOLOGIES. (a) In General.--Not later than 24 months after the date of enactment of this Act, the Secretary of Transportation shall initiate a rulemaking to establish a Federal motor vehicle safety standard requiring a motor vehicle with a gross vehicle weight rating greater than 26,000 pounds be equipped with crash avoidance and mitigation systems, such as forward collision warning systems, forward collision automatic braking systems, and lane departure warning systems. (b) Performance and Standards.--The regulations prescribed under subsection (a) shall establish performance requirements and standards to prevent collisions with moving vehicles and stopped vehicles. (c) Effective Date.--The Secretary shall issue a final rule not later than 2 years after the date of enactment of this Act, and the regulations prescribed by the Secretary under this section shall take effect 2 years after the date of publication of the final rule. SEC. 4. SPEED LIMITING DEVICES. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall finalize regulations to require a motor vehicle with a gross vehicle weight rating greater than 26,000 pounds to be equipped with an electronic control module requiring the speed to be set at no more than 70 miles per hour by the manufacturer. SEC. 5. HIGH-RISK CARRIER COMPLIANCE REVIEWS. (a) High-Risk Carrier Compliance Reviews.--Section 31104(b) of title 49, United States Code, is amended by adding at the end the following: ``From the funds authorized by this subsection, the Secretary shall ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk. At a minimum, a review shall be conducted whenever a motor carrier is among the highest risk carriers for 2 consecutive months.''. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the actions the Secretary has taken to comply with the review requirement under section 31104(b) of title 49, United States Code, as amended, including the number of high-risk motor carriers identified and the high-risk motor carriers reviewed. (c) Conforming Amendment.--Section 4138 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 U.S.C. 31144 note) is repealed. SEC. 6. DRIVER COMPENSATION. (a) In General.--Chapter 311 of title 49, United States Code, is amended by inserting after section 31139 the following: ``Sec. 31140. Driver compensation ``(a) In General.--The Secretary of Transportation by regulation shall require that a motor carrier-- ``(1) track the on-duty (not driving) time of an employee whose base compensation is calculated in a manner other than an hourly wage and who is required to keep a record of duty status under the hours of service regulations prescribed by the Secretary; and ``(2) separately compensate the employee for any on-duty (not driving) time period at an hourly rate not less than the Federal minimum wage rate under section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206). ``(b) Limitation.--This section shall not apply to an employee whose employment is governed by a collective bargaining agreement, negotiated by employee representatives certified as bona fide by the National Labor Relations Board, if the agreement governs, and compensates the employee for all hours of on-duty (not driving) time. ``(c) Rule of Construction.--Nothing in this section or regulations adopted under this section shall affect an employer's obligations under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). Compensation of employees under this section and regulations promulgated under this section shall be in addition to other compensation calculated for purposes of determining compliance with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).''. (b) Conforming Amendment.--The table of contents of chapter 311 of title 49, United States Code, is amended by inserting after the item relating to section 31139 the following: ``31140. Driver compensation.''. SEC. 7. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COMMUTING. (a) Effects of Excessive Commuting.--The Administrator of the Federal Motor Carrier Safety Administration shall conduct a study of the effects of excessive commuting on safety and commercial motor vehicle driver fatigue. (b) Study.--In conducting the study, the Administrator shall consider-- (1) the prevalence of excessive driver commuting in the commercial motor vehicle industry, including the number and percentage of drivers who commute; (2) the distances traveled, time zones crossed, time spent commuting, and methods of transportation used; (3) research on the impact of excessive commuting on safety and commercial motor vehicle driver fatigue; (4) the commuting practices of commercial motor vehicle drivers and policies of motor carriers; (5) the Federal Motor Carrier Safety Administration regulations, policies, and guidance regarding excessive driver commuting; and (6) any other matters the Administrator considers appropriate. (c) Report.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report containing its findings under the study and any recommendations for regulatory or administrative action concerning excessive driver commuting.

Truck Safety Act This bill increases from $750,000 to $1.5 million (adjusted annually for inflation) the minimum level of financial responsibility required to satisfy liability covering public liability, property damage, and environmental restoration for the transportation of property by a commercial motor carrier in the United States or to a place outside the United States. The Department of Transportation (DOT) must increase, by regulation, the minimum level of financial responsibility for transporting property or passengers if the current amount is insufficient to satisfy liability claims. DOT shall initiate a rulemaking to establish a federal motor vehicle safety standard requiring a motor vehicle with a gross vehicle weight rating greater than 26,000 pounds to be equipped with crash avoidance and mitigation systems. DOT shall finalize regulations to require such a motor vehicle also to be equipped with an electronic control module requiring the speed to be set by the manufacturer at a maximum 70 m.p.h. DOT must ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk, especially whenever it is among the highest risk carriers for two consecutive months. DOT shall require, with respect to driver compensation, that a motor carrier: track the on-duty (not driving) time of an employee whose base compensation is calculated in a manner other than an hourly wage and who is required to keep a record of duty status under the hours of service regulations; and separately compensate the employee for any on-duty (not driving) time period at an hourly rate not less than the federal minimum wage rate under the Fair Labor Standards Act of 1938. This compensation requirement, however, shall not apply where employment is governed by a collective bargaining agreement, negotiated by bona fide employee representatives, if the agreement governs, and compensates the employee for, all hours of on-duty (not driving) time. The Federal Motor Carrier Safety Administration shall study the effects of excessive commuting on safety and commercial motor vehicle driver fatigue.

Truck Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debbie Blanchard Access to Health Care for Individuals With Disabilities Act of 2010''. SEC. 2. FINDINGS. (1) According to the Bureau of the Census, approximately 1 in 5 people in the United States lives with some sort of physical disability. (2) More than 54,000,000 individuals in the United States report some level of disability and approximately 34,000,000 of such individuals are classified as having a severe disability. (3) An estimated 11,000,000 individuals aged 6 and older need personal assistance with everyday activities, including taking a bath or shower, preparing meals, and getting around the home. (4) Five percent of the United States population over age 15 uses a wheelchair or similar device, cane, crutches, or walker. (5) The number of individuals with physical disabilities continues to increase, and the Centers for Disease Control and Prevention recently announced that the agency was revising its estimate of the number of individuals with spina bifida, the most common permanently disabling birth defect in the United States, from an estimated 70,000 to an estimated 166,000. (6) Studies have found that individuals with disabilities have significant difficulty in accessing routine and specialized health care and that numerous barriers to acquiring health care exist for such individuals. (7) Approximately 1 in 3 women with a disability reports being denied services at a physician's office solely because of her disability. (8) Research shows that women with disabilities are less likely to have pap smears and mammograms, are more likely to be diagnosed with breast cancer at later stages of the disease, are less likely to receive standard treatments, and are more likely to have worse outcomes. (9) Individuals with disabilities report that one of the top barriers to accessing necessary health care is the inability to find an accessible health care provider or identify providers who understand how to treat individuals with disabilities and who are willing to have such individuals as patients. (10) The Spina Bifida Association recently announced that one of its volunteers, Debbie Blanchard, a woman who lived with spina bifida for 55 years, died from a late stage diagnosis of cervical cancer stemming from her inability to find a health care provider in her community who had an examination table that would lower to the level necessary for her to comfortably and safely transfer from her wheelchair to the examination table so she could be screened for cervical cancer. (11) Organizations representing individuals with disabilities report that such individuals need more and better information regarding accessible health care providers in their communities and additional support and resources to help ensure that such individuals receive the care they need and deserve. SEC. 3. PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH DISABILITIES. Title III of the Public Health Service Act (42 U.S.C. 341 et seq.) is amended by adding after part V the following: ``PART W--PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH DISABILITIES ``SEC. 399OO. STATE GRANTS FOR THE CREATION OF DISABILITY ACCESSIBLE PROVIDER DIRECTORIES. ``(a) In General.--The Secretary shall award grants to States for the purpose of developing and maintaining or updating and improving State-based, Internet directories of health care providers that are known to have entrances, examination rooms, and examination tables accessible to individuals with disabilities. Such grants shall be formula-based, factoring in each State's population of individuals with disabilities. ``(b) Definition.--In this part, the term `individual with a disability' has the meaning given such term in section 7(20) of the Rehabilitation Act of 1973. ``(c) Requirement of Application.--To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require. Applications shall explain how individuals with disabilities and health care providers may submit information for inclusion in the Internet directory of the State. ``(d) Authorized Activities.-- ``(1) In general.--Recipients of a grant under this section shall use grant funds to-- ``(A) develop and maintain an Internet directory or other such publicly available directory of information regarding individual providers, clinics, hospitals, and other health care facilities and providers in the State that are known to have entrances, examination rooms, and examination tables accessible to individuals with disabilities; or ``(B) update or improve an existing, publicly available directory of information regarding individual providers, clinics, hospitals, and other health care facilities and providers in the State that are known to have entrances, examination rooms, and examination tables accessible to individuals with disabilities. ``(2) Directory contents.--Each directory developed and maintained by a grant recipient, as described in paragraph (1)(A) or updated and improved by a grant recipient, as described in paragraph (1)(B), shall include-- ``(A) the full name, address, and telephone number of each provider, clinic, hospital, and health care facility included in the directory; and ``(B) specific information about the accommodations provided by each such provider, clinic, hospital, and health care facility to individuals with disabilities. ``SEC. 399OO-1. IMPROVING PROVIDER AND PATIENT AWARENESS OF THE NEED FOR ACCESSIBLE HEALTH CARE FACILITIES FOR PEOPLE WITH DISABILITIES. ``(a) Pilot Program.-- ``(1) In general.--The Secretary, acting through the Office on Disability of the Department of Health and Human Services and in collaboration with national organizations representing individuals with disabilities and health professional societies, shall establish a pilot program to increase the awareness of health care providers of the need to offer accessible environments and examination rooms and examination tables for individuals with disabilities and to increase voluntary compliance with Federal accessibility requirements. ``(2) Development and dissemination of resources.--The Secretary shall ensure that, under the pilot program established under paragraph (1), resources are developed for, and distributed to, health care providers to increase awareness of the need to offer accessible environments and examination rooms and examination tables for individuals with disabilities. Such resources shall include supportive information with respect to-- ``(A) accommodating individuals with disabilities; ``(B) modifications that can be made to physical environments to ensure accessibility; and ``(C) training regarding how to safely accommodate an individual in a wheelchair. ``(3) Targeted providers.--The pilot program shall be designed to target health care professionals and health care providers, including-- ``(A) primary care providers, such as physicians, nurse practitioners, and physician assistants, and the individuals who answer the telephones in the offices of such providers; ``(B) dentists and the individuals who answer the telephones in the offices of dentists; ``(C) health care clinics, including community health centers and radiology and imaging centers; ``(D) inpatient and outpatient hospitals, ambulatory surgery centers, urgent care centers, and rehabilitation facilities; and ``(E) specialists, such as obstetricians and gynecologists. ``(4) Program materials and messages.--Any materials and messages of the pilot program, including the resources designed and distributed as described in paragraph (2), shall reflect and incorporate information, findings, and materials otherwise developed by the Federal Government, such as information available through the `Right to Know Health Promotion Campaign' of the Centers for Disease Control and Prevention, and shall be field-tested and presented to focus groups to ensure effectiveness. ``(5) Program evaluation.--The Secretary shall conduct an evaluation of the effectiveness of the pilot program and make any necessary revisions to the program to ensure effectiveness and support in nationwide implementation of the program. ``(b) Information for Individuals With Disabilities.-- ``(1) In general.--The Secretary, acting through the Office on Disability of the Department of Health and Human Services, in collaboration with national organizations representing individuals with disabilities, shall develop and disseminate resources to support individuals with disabilities in finding providers that are accessible to such individuals. ``(2) Contents.--The resources described in paragraph (1) shall-- ``(A) include a concise list of questions for individuals with disabilities to ask when calling a health care provider for the first time to schedule an appointment, and suggestions for explaining the special needs of such individual to the provider and for seeking accommodation from the provider; ``(B) be culturally appropriate and at appropriate literacy levels for the target audience; ``(C) reflect and incorporate information, findings, and materials otherwise developed by the Federal Government, such as information available through the `Right to Know Health Promotion Campaign' of the Centers for Disease Control and Prevention; ``(D) be field-tested and presented to focus groups to ensure effectiveness; and ``(E) be disseminated on the Internet and through other means to ensure that individuals with disabilities receive support and assistance in their efforts to identify accessible health care providers in their communities. ``SEC. 399OO-2. ADVISORY COMMITTEE AND REPORT TO CONGRESS. ``(a) Establishment of the Advisory Committee.--The Secretary shall establish a National Advisory Committee on Access to Health Care for Individuals With Disabilities (referred to in this section as the `Advisory Committee') to support implementation of this part and to ensure interagency coordination of efforts to improve access to care for individuals with disabilities. ``(b) Responsibilities.--The responsibilities of the Advisory Committee shall include-- ``(1) reviewing applications for grants under section 399OO; ``(2) evaluating the grant program under section 399OO; ``(3) reviewing and providing feedback on the resources and other materials developed under section 399OO-1; ``(4) assisting with the dissemination of the information and resources developed under sections 399OO and 399OO-1; and ``(5) ensuring coordination of efforts within the Department of Health and Human Services to increase access to care for individuals with disabilities and to disseminate information regarding accessible entrances, examination rooms, and tables of health care providers. ``(c) Membership.-- ``(1) In general.--The members of the Advisory Committee shall include representatives of-- ``(A) the Office on Disability of the Department of Health and Human Services; ``(B) the Office of Minority Health of the Department of Health and Human Services; ``(C) the Office for Civil Rights of the Department of Health and Human Services; ``(D) the Health Resources and Services Administration, including the Bureau of Primary Health Care, the Office of Minority Health and Health Disparities, and the Office of Equal Opportunity and Civil Rights of such administration; ``(E) the Centers for Disease Control and Prevention; ``(F) the Agency for Healthcare Research and Quality; ``(G) the Centers for Medicare & Medicaid Services; ``(H) other Federal agencies, such as the Department of Veterans Affairs, as appropriate; ``(I) at least 5 private nonprofit organizations that are dedicated to improving the quality of life of, and facilitating access to health care for, individuals with disabilities; and ``(J) at least 3 health professional societies. ``(2) Voluntary service.--Members of the Advisory Committee shall serve without compensation. ``SEC. 399OO-3. REPORT TO CONGRESS. ``The Secretary shall, not later than 1 year after the date of enactment of this part and annually thereafter, submit to Congress a report summarizing the activities, findings, outcomes, and recommendations resulting from the grant and pilot programs and other activities under this part. ``SEC. 399OO-4. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part, such sums as may be necessary for fiscal years 2011 through 2015.''.

Debbie Blanchard Access to Health Care for Individuals With Disabilities Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award grants to states to develop, maintain, and improve Internet directories of health care providers that are known to have entrances, examination rooms, and examination tables that are accessible to individuals with disabilities. Requires the Secretary, acting through the Office on Disability of HHS, to: (1) establish a pilot program to increase the awareness of health care providers of the need to offer accessible environments, examination rooms, and examination tables for individuals with disabilities and to increase voluntary compliance with federal accessibility requirements; and (2) develop and disseminate resources to support individuals with disabilities in finding providers that are accessible to such individuals, which shall include a concise list of questions for individuals with disabilities to ask when calling a health care provider for the first time to schedule an appointment and suggestions for explaining the special needs of such individuals to the provider and for seeking accommodation from the provider. Requires the Secretary to establish a National Advisory Committee on Access to Health Care for Individuals With Disabilities to support implementation of this Act and to ensure interagency coordination of efforts to improve access to care for individuals with disabilities.

A bill to amend the Public Health Service Act to increase access to health care for individuals with disabilities and increase awareness of the need for health care facilities and examination rooms to be accessible for individuals with disabilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Moving to Work Reform Act of 2015''. SEC. 2. TERMS OF MOVING TO WORK AGREEMENTS. The Secretary of Housing and Urban Development may not enter into or extend any Moving to Work agreement for any public housing agency for participation in the demonstration established under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321), unless such agreement is subject to the following terms and conditions for the entire duration of such agreement: (1) Evaluation of major policy changes.--A public housing agency may not newly establish any rent policy that raises rent burdens for a significant portion of participating families, any time limitation on the term of housing assistance, or any policy that conditions receipt of housing assistance from program funds on employment status, unless-- (A) the policy change will be subject to a detailed evaluation using a rigorous research methodology which includes, at least in part, random assignment to treatment and control groups to compare the impact on assisted families (including families that cease to receive assistance during the term of the evaluation) to similar families not subject to such policy change; and (B) the Secretary determines that adequate Federal or other resources are available to undertake the required evaluation. (2) Use of tenant-based rental assistance funds.--A public housing agency may use funds appropriated for renewal of tenant-based rental assistance only for payments to or on behalf of eligible families that assist such families with housing costs, except that up to 10 percent of such funds may be used for other eligible purposes, subject to such requirements as the Secretary shall establish. (3) Determination of tenant-based rental assistance funding.--A public housing agency shall receive funding for renewal of tenant-based rental assistance determined using the same formula applied to public housing agencies that do not participate in the demonstration, except that up to 10 percent of such funds may be renewed by adjusting the prior year's funding by an inflation factor determined by the Secretary. (4) Prohibition of reduction in number of families assisted.--A public housing agency shall provide ongoing housing assistance resulting in average cost burdens no higher than those of families assisted under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f, 1437g) to substantially the same number of eligible low-income families as the agency could assist if it expended the full amount of funding it receives under such sections 8 and 9 pursuant to the requirements of such sections. (5) Housing choice.--If the Secretary determines that a disproportionately low share of families assisted by a public housing agency using funds appropriated pursuant to sections 8 and 9 of the United States Housing Act of 1937 lives in neighborhoods with low crime, high-performing schools, or other indicators of high opportunity, the public housing agency shall develop and implement a plan to expand families' access to such neighborhoods. (6) Determination of public housing operating funding.--A public housing agency shall receive funding for operation and management of public housing determined using the same formula applied to public housing agencies that do not participate in the demonstration, except that, for an agency that currently receives such funding under an alternative formula established by its Moving to Work agreement, the Secretary shall phase in the requirements of this paragraph in a manner sufficient so as to avoid reducing funding by more than 10 percent per year. (7) Retained provisions.--The Secretary shall not waive any of the following provisions of the United States Housing Act of 1937: (A) Subsections (a)(2)(A) and (b)(1) of section 16 (42 U.S.C. 1437n; relating to targeting for new admissions). (B) Section 2(b) (42 U.S.C. 1437(b); relating to tenant representatives on the public housing agency board of directors). (C) Section 3(b)(2) (42 U.S.C. 1437a(b)(2); relating to definitions for the terms ``low-income families'', ``very low-income families'', and ``extremely low-income families''). (D) Section 5A(e) (42 U.S.C. 1437c-1(e); relating to the formation of and consultation with a resident advisory board). (E) Sections 6(f)(1) and 8(o)(8)(B) (42 U.S.C. 1437d(f)(1), 1437f(o)(8)(B); relating to compliance of units assisted with housing quality standards or other codes). (F) Section 6(k) (42 U.S.C. 1437d(k); relating to grievance procedures for public housing tenants). (G) Section 7 (42 U.S.C. 1437e; relating to designation of housing for elderly and disabled households). (H) Sections 8(ee) and 6(u) (42 U.S.C. 1437f(ee), 1437d(n); relating to records, certification and confidentiality regarding domestic violence). (I) Paragraphs (3) and (4)(i) of section 6(c) and sections 982.552 and 982.553 of the Secretary's regulations (42 U.S.C. 1437d(c) and 24 C.F.R. 982.552, 982.553; relating to rights of applicants). (J) Section 6(l) (42 U.S.C. 1437d(l); relating to public housing lease requirements), except that for units assisted both with program funds and low-income housing tax credits, the initial lease term may be less than 12 months if required to conform lease terms with such tax credit requirements. (K) Subparagraphs (C) through (F) of section 8(o)(7) and section 8(o)(20) (42 U.S.C. 1437f(o); relating to lease requirements and eviction protections for families assisted with tenant-based assistance). (L) Section 8(o)(13)(B) (42 U.S.C. 1437f(o)(13)(B); relating to the 20-percent portfolio cap on the use of voucher funds for project-based vouchers), except as follows: (i) A public housing agency that, pursuant to a Moving to Work agreement in effect on the date of the enactment of this Act, is using or has committed voucher funds as of such date of enactment for project-based vouchers in excess of the 20-percent cap may continue to use such funds in excess of such cap, but not in excess of the percentage in use or committed as of such date of enactment pursuant to such agreement, or as specified in clause (ii), whichever is higher. (ii) A public housing agency may use voucher funds for project-based vouchers in excess of the 20-percent cap, but not to exceed 35 percent, if such use meets one of the following criteria: (I) The project-based vouchers serve homeless or other special needs families, as defined by the Secretary. (II) The project-based vouchers are used in a low-poverty area, as defined by the Secretary. (III) The project-based vouchers are used in connection with a demonstration of a project-based program that is subject to evaluation by the Secretary. (M) Section 8(o)(13)(E) (42 U.S.C. 1437f(o)(13)(E); relating to the ability of families with project-based vouchers to move, using tenant-based vouchers, after 12 months of occupancy), unless the Secretary determines that waiver of such section is necessary to implement transitional or time-limited housing policies subject to evaluation described in paragraph (1) of this section. (N) Section 8(r)(1) (42 U.S.C. 1437f(r)(1); relating to the portability of vouchers). (O) The following requirements applicable to resident councils and jurisdiction-wide resident organizations: (i) Establishment of resident councils and resident organizations under section 20 (42 U.S.C. 1437r). (ii) Minimum amount of public housing agency support for such councils and organizations under section 20. (iii) Involvement of such councils and organizations in public housing agency operations, as authorized under sections 3(c)(2), 6(c)(5)(C), and 9(e) (42 U.S.C. 1437a(c)(2), 1437d(c)(5)(C), 1437g(e)). SEC. 3. ASSESSMENT OF DEMONSTRATION. The Secretary of Housing and Urban Development shall conduct a comprehensive evaluation of the Moving to Work demonstration and, upon completion of the evaluation, submit to the Congress a report-- (1) describing and analyzing the risks and potential benefits of expanding the Moving to Work demonstration program to additional agencies compared to those of maintaining the demonstration program at its current size; and (2) identifying reforms, and selection criteria in case the demonstration program is expanded, that would improve the program's effectiveness in testing innovative policies while minimizing adverse effects on low-income families and ensuring efficient use of Federal funds to meet the most pressing housing needs.

Moving to Work Reform Act of 2015 This bill prohibits the Department of Housing and Urban Development (HUD) from entering into or extending any Moving to Work agreement for any public housing agency (PHA) for participation in the Moving to Work Demonstration Program, unless the agreement is subject to specified terms and conditions set forth by this Act for its entire duration. (Under the Moving to Work Demonstration Program up to 30 selected PHAs, including Indian housing authorities, may administer the public or Indian housing program and the Section 8 housing assistance payments program in ways designed to reduce costs and achieve greater cost-effectiveness in federal expenditures, provide incentives for heads of households to become economically self-sufficient, and increase housing choices for lower-income families.) Under such an agreement a PHA: may not establish any new rent policy that raises rent burdens for a significant portion of participating families, or causes specified other results, unless certain conditions are met; may use funds appropriated for renewal of tenant-based rental assistance only for payments assisting eligible families with housing costs; shall receive funding for renewal of tenant-based rental assistance under the same formula applied to nonparticipating PHAs; must provide ongoing housing assistance to substantially the same number of eligible low-income families as it could assist ordinarily but with average cost burdens no higher than those of families assisted under Sections 8 (low-income housing assistance) and 9 (Public Housing Capital and Operating Funds) of the United States Housing Act of 1937; and develop and implement a plan to expand families' access to neighborhoods with low crime, high-performing schools, or other indicators of high opportunity, if a disproportionately low share of PHA-assisted families lives in such neighborhoods. HUD may not waive specified housing-related requirements. HUD must conduct a comprehensive evaluation of the Demonstration Program to: analyze the risks and potential benefits of expanding it to additional agencies; and identify reforms, and selection criteria in case the Demonstration Program is expanded, that would improve its effectiveness in testing innovative policies while minimizing adverse effects on low-income families and ensuring efficient use of federal funds to meet the most pressing housing needs.

Moving to Work Reform Act of 2015

SECTION 1. DEFINITIONS. In this Act, the following definitions apply: (1) Route 66 corridor.--The term ``Route 66 corridor'' means structures and other cultural resources described in paragraph (3), including-- (A) lands owned by the Federal Government and lands owned by a State or local government within the immediate vicinity of those portions of the highway formerly designated as United States Route 66; and (B) private land within that immediate vicinity that is owned by persons or entities that are willing to participate in the programs authorized by this Act. (2) Cultural resource programs.--The term ``Cultural Resource Programs'' means the programs established and administered by the National Park Service for the benefit of and in support of preservation of the Route 66 corridor, either directly or indirectly. (3) Preservation of the route 66 corridor.--The term ``preservation of the Route 66 corridor'' means the preservation or restoration of structures or other cultural resources of businesses, sites of interest, and other contributing resources that-- (A) are located within the land described in para- graph (1); (B) existed during the route's period of outstanding historic significance (principally between 1926 and 1970), as defined by the study prepared by the National Park Service and entitled ``Special Resource Study of Route 66'', dated July 1995; and (C) remain in existence as of the date of the enactment of this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Cultural Resource Programs at the National Park Service. (5) State.--The term ``State'' means a State in which a portion of the Route 66 corridor is located. SEC. 2. MANAGEMENT. (a) In General.--The Secretary, in collaboration with the entities described in subsection (c), shall facilitate the development of guidelines and a program of technical assistance and grants that will set priorities for the preservation of the Route 66 corridor. (b) Designation of Officials.--The Secretary shall designate officials of the National Park Service stationed at locations convenient to the States to perform the functions of the Cultural Resource Programs under this Act. (c) General Functions.--The Secretary shall-- (1) support efforts of State and local public and private persons, nonprofit Route 66 preservation entities, Indian tribes, State Historic Preservation Offices, and entities in the States for the preservation of the Route 66 corridor by providing technical assistance, participating in cost-sharing programs, and making grants; (2) act as a clearinghouse for communication among Federal, State, and local agencies, nonprofit Route 66 preservation entities, Indian tribes, State historic preservation offices, and private persons and entities interested in the preservation of the Route 66 corridor; and (3) assist the States in determining the appropriate form of and establishing and supporting a non-Federal entity or entities to perform the functions of the Cultural Resource Programs after those programs are terminated. (d) Authorities.--In carrying out this Act, the Secretary may-- (1) enter into cooperative agreements, including (but not limited to) cooperative agreements for study, planning, preservation, rehabilitation, and restoration related to the Route 66 corridor; (2) accept donations of funds, equipment, supplies, and services as appropriate; (3) provide cost-share grants for projects for the preservation of the Route 66 corridor (but not to exceed 50 percent of total project costs) and information about existing cost-share opportunities; (4) provide technical assistance in historic preservation and interpretation of the Route 66 corridor; and (5) coordinate, promote, and stimulate research by other persons and entities regarding the Route 66 corridor. (e) Preservation Assistance.-- (1) In general.--The Secretary shall provide assistance in the preservation of the Route 66 corridor in a manner that is compatible with the idiosyncratic nature of the Route 66 corridor. (2) Planning.--The Secretary shall not prepare or require preparation of an overall management plan for the Route 66 corridor, but shall cooperate with the States and local public and private persons and entities, State historic preservation offices, nonprofit Route 66 preservation entities, and Indian tribes in developing local preservation plans to guide efforts to protect the most important or representative resources of the Route 66 corridor. SEC. 3. RESOURCE TREATMENT. (a) Technical Assistance Program.-- (1) Program required.--The Secretary shall develop a program of technical assistance in the preservation of the Route 66 corridor and interpretation of the Route 66 corridor. (2) Program guidelines.--As part of the technical assistance program under paragraph (1), the Secretary shall establish guidelines for setting priorities for preservation needs for the Route 66 corridor. The Secretary shall base the guidelines on the Secretary's standards for historic preservation. (b) Program for Coordination of Activities.-- (1) In general.--The Secretary shall coordinate a program of historic research, curation, preservation strategies, and the collection of oral and video histories of events that occurred along the Route 66 corridor. (2) Design.--The program under paragraph (1) shall be designed for continuing use and implementation by other organizations after the Cultural Resource Programs are terminated. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for the period of fiscal years 2000 through 2009 to carry out the purposes of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of the Interior to: (1) facilitate the development of guidelines and a program of technical assistance and grants that will set priorities for the preservation of the Route 66 corridor; (2) designate National Park Service (NPS) officials to perform the functions of the Cultural Resource Programs support cultural resources related to the corridor; (3) support efforts of State and local public and private persons, nonprofit Route 66 preservation entities, Indian tribes, State Historic Preservation Offices, and entities in the States to preserve the corridor by providing technical assistance, participating in cost-sharing programs, and making grants; (4) act as a clearinghouse for communication among such parties and Federal, State, and local agencies; and (5) assist the States in determining the appropriate form of, and establishing and supporting, a non-Federal entity or entities to perform the functions of the Cultural Resource Programs after those programs are terminated. Authorizes the Secretary to: (1) enter into cooperative agreements; (2) accept donations of funds, equipment, supplies, and services as appropriate; (3) provide cost-share grants for up to 50 percent of projects for the preservation of the corridor and information about existing cost-share opportunities and technical assistance in the corridor's historic preservation and interpretation; and (4) coordinate, promote, and stimulate research by other persons and entities regarding the corridor. Requires the Secretary: (1) to provide assistance in the preservation of the corridor that is compatible with the idiosyncratic nature of the highway; (2) not to prepare or require an overall management plan, but to cooperate with public and private entities in developing local preservation plans to guide efforts to protect the most important or representative resources of the corridor; (3) to develop a technical assistance program in the preservation and interpretation of the corridor, including guidelines for setting priorities for preservation needs; and (4) to coordinate a program of historic research, curation, preservation strategies, and collection of oral and video histories of events that occurred along the corridor designed for continuing use after the Cultural Resource Programs are terminated. Authorizes appropriation.

To preserve the cultural resources of the Route 66 corridor and to authorize the Secretary of the Interior to provide assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunset Wasteful Executive Expenditures and Programs Act of 2013''. SEC. 2. REQUIREMENT FOR THE COMPTROLLER GENERAL TO REVIEW EXECUTIVE DEPARTMENTS TO ENSURE THEY CONTINUE TO SERVE A PUBLIC NEED. (a) Amendment.--Chapter 7 of title 31, United States Code, is amended by adding at the end of subchapter II the following new section: ``Sec. 721. Review of Executive departments to ensure they continue to serve a public need ``(a) Review Required.--Each year, beginning with 2014, the Comptroller General of the United States shall review three Executive departments, in the order of their creation, to identify agencies and programs within the jurisdiction of the departments that perform similar or related functions and that no longer serve a public need. The Comptroller General shall review every department at least once every five years. ``(b) Criteria.--The Comptroller General shall evaluate the efficiency and public need for each Executive department pursuant to subsection (a) using the following criteria: ``(1) The effectiveness and the efficiency of the operation of the programs carried out by each such Executive department. ``(2) Whether the programs carried out by the Executive department are cost-effective. ``(3) Whether the Executive department has acted outside the scope of its original authority, and whether the original objectives of the department have been achieved. ``(4) Whether less restrictive or alternative methods exist to carry out the functions of the Executive department. ``(5) The extent to which the jurisdiction of, and the programs administered by, the Executive department duplicate or conflict with the jurisdiction and programs of other Executive departments. ``(6) The potential benefits of consolidating programs administered by the Executive department with similar or duplicative programs of other Executive departments, and the potential for consolidating such programs. ``(7) The number and types of beneficiaries or persons served by programs carried out by the Executive department. ``(8) The extent to which any trends, developments, and emerging conditions that are likely to affect the future nature and extent of the problems or needs that the programs carried out by the Executive department are intended to address. ``(9) The extent to which the Executive department has complied with the provisions contained in sections 1115 through 1119 of this title (relating to Government performance planning and reporting). ``(10) Whether the Executive department has worked to enact changes in the law that are intended to benefit the public as a whole rather than the specific business, institution, or individuals that the department regulates. ``(11) The extent to which the Executive department has encouraged participation by the public as a whole in making its rules and decisions rather than encouraging participation solely by those it regulates. ``(12) The extent to which the public participation in rulemaking and decisionmaking of the Executive department has resulted in rules and decisions compatible with the objectives of the department. ``(13) The extent to which the Executive department complies with section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act'). ``(14) The extent of the regulatory, privacy, and paperwork impacts of the programs carried out by the Executive department. ``(15) The extent to which changes are necessary in the authorizing statutes of the Executive department in order that the function of the department can be performed in the most efficient and effective manner. ``(c) Annual Report and Recommended Legislation.--By February 1 of each year, beginning with February 1, 2015, the Comptroller General shall submit to Congress a report on the results of the review of the Executive departments carried out during the preceding year. The report shall include-- ``(1) such recommendations as the Comptroller General considers necessary to facilitate the abolishment of agencies and programs within the Executive departments that perform similar or related functions that were identified pursuant to subsection (a) as no longer serving a public need; and ``(2) legislative language to implement those recommendations in a form appropriate for introduction in Congress as a bill. ``(d) Executive Department Defined.--In this section, the term `Executive department' means each department listed in section 101 of title 5, United States Code.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of title 31, United States Code, is amended by adding at the end of subchapter II the following new item: ``721. Review of Executive departments to ensure they continue to serve a public need.''. SEC. 3. CONGRESSIONAL ACTION TO ENSURE EXECUTIVE DEPARTMENTS CONTINUE TO SERVE A PUBLIC NEED. (a) Abolishment of Departments.-- (1) In general.--Not later than December 31 of each year, beginning with December 31, 2015, the three Executive departments that were reviewed by the Comptroller General of the United States during the preceding year pursuant to section 721 of title 31, United States Code, shall be abolished. (2) Winding down.--The President, in coordination with the Secretary of each Executive department concerned, shall direct the procedures for the winding down of the operations of departments abolished under subsection (a). (3) Extension.--The date of abolishment for an Executive department may be extended for an additional two years if Congress enacts legislation extending such date by a vote of three-fifths of the House of Representatives and of the Senate. (b) Continuation of Departments.-- (1) Approval of existence.--Congress may authorize the continued existence of an Executive department scheduled for abolishment by approving or rejecting the legislation containing the recommendations of the Comptroller General with respect to that department, as submitted under section 721(c)(2) of title 31, United States Code, and introduced as a bill under subsection (c). (2) Future recommendations.--Action of Congress approving of an Executive department scheduled for abolishment does not prevent the department from being abolished in the next cycle for consideration. (c) Process for Consideration of Comptroller General's Report.-- (1) Introduction.--After February 1 of each year, beginning with 2015, the legislation containing the recommendations of the Comptroller General with respect to the Executive departments reviewed during the preceding year, as submitted in the report of the Comptroller General under section 721(c)(2) of title 31, United States Code, shall be introduced in the Senate by the Majority Leader or the Majority Leader's designee, and in the House of Representatives by the Speaker or the Speaker's designee. Upon such introduction, the bill, to be known as a ``wasteful expenditures bill'' shall be referred to appropriate committees of Congress under paragraph (2). If the wasteful expenditures bill is not introduced in accordance with the preceding sentence, then any member of Congress may introduce such bill in the member's respective House of Congress beginning on the date that is the fifth calendar day that such House is in session following the date of the submission of such aggregate legislative provisions. (2) Committee consideration.-- (A) Referral.--A wasteful expenditures bill introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and the House of Representatives. A committee to which a wasteful expenditures bill is referred under this paragraph and may review and comment on such bill, may report such bill to the respective House, and may not amend such bill. (B) Reporting.--Not later than 60 legislative days after the introduction of the wasteful expenditures bill, each Committee of Congress to which the wasteful expenditures bill was referred shall report the bill. (C) Discharge of committee.--If a committee to which is referred a wasteful expenditures bill has not reported such bill at the end of 60 legislative days after its introduction or at the end of the first day after there has been reported to the House involved a wasteful expenditures bill, whichever is earlier, such committee shall be deemed to have been discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (3) Expedited procedure.-- (A) Consideration.-- (i) In general.--Not later than 5 legislative days after the date on which a committee has reported a wasteful expenditures bill or been discharged from consideration of a wasteful expenditures bill, the Majority Leader of the Senate, or the Majority Leader's designee, or the Speaker of the House of Representatives, or the Speaker's designee, shall move to proceed to the consideration of the wasteful expenditures bill. It shall also be in order for any member of the Senate or the House of Representatives, respectively, to move to proceed to the consideration of the wasteful expenditures bill at any time after the conclusion of such 5-day period. (ii) Motion to proceed.--A motion to proceed to the consideration of a wasteful expenditures bill is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment or to a motion to postpone consideration of the wasteful expenditures bill. If the motion to proceed is agreed to, the Senate or the House of Representatives, as the case may be, shall immediately proceed to consideration of the wasteful expenditures bill without intervening motion, order, or other business, and the wasteful expenditures bill shall remain the unfinished business of the Senate or the House of Representatives, as the case may be, until disposed of. (iii) Limited debate.--Debate on the wasteful expenditures bill and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the wasteful expenditures bill. A motion further to limit debate on the wasteful expenditures bill is in order and is not debatable. All time used for consideration of the wasteful expenditures bill, including time used for quorum calls (except quorum calls immediately preceding a vote) and voting, shall come from the 10 hours of debate. (iv) Amendments.--No amendment to the wasteful expenditures bill shall be in order in the Senate and the House of Representatives. (v) Vote on final passage.--Immediately following the conclusion of the debate on the wasteful expenditures bill, the vote on final passage of the wasteful expenditures bill shall occur. (vi) Other motions not in order.--A motion to postpone consideration of the wasteful expenditures bill, a motion to proceed to the consideration of other business, or a motion to recommit the wasteful expenditures bill is not in order. A motion to reconsider the vote by which the wasteful expenditures bill is agreed to or not agreed to is not in order. (B) Consideration by the other house.--If, before the passage by one House of the wasteful expenditures bill that was introduced in such House, such House receives from the other House a wasteful expenditures bill as passed by such other House-- (i) the wasteful expenditures bill of the other House shall not be referred to a committee and may only be considered for final passage in the House that receives it under subparagraph (C); (ii) the procedure in the House in receipt of the wasteful expenditures bill of the other House, shall be the same as if no wasteful expenditures bill had been received from the other House; and (iii) notwithstanding subparagraph (B), the vote on final passage shall be on the wasteful expenditures bill of the other House. (C) Disposition.--Upon disposition of a wasteful expenditures bill that is received by one House from the other House, it shall no longer be in order to consider the wasteful expenditures bill that was introduced in the receiving House. (4) Legislative day.--In this section, the term ``legislative day'' means a day on which either House of Congress is in session. (5) Rules of the senate and the house of representatives.-- This section is enacted-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a wasteful expenditures bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Sunset Wasteful Executive Expenditures and Programs Act of 2013 - Requires the Comptroller General (GAO): (1) each year, beginning in 2014, to review three executive departments to identify agencies and programs that perform similar or related functions and that no longer serve a public need; (2) to review every executive department at least once every five years; and (3) each year, beginning on February 1, 2015, to report to Congress on the results of the reviews of executive departments carried out during the preceding year with recommendations for abolishing agencies and programs that perform similar or related functions and no longer serve a public need. Abolishes by December 31 of each year, beginning with 2015, the three executive departments reviewed by the Comptroller General during the preceding year. Requires the President to direct procedures for the winding down of the operations of each abolished department. Allows Congress to authorize the continued existence of an executive department scheduled for abolishment. Sets forth the process for congressional consideration of the Comptroller General's report, including an expedited procedure for consideration of resulting legislation to be known as a wasteful expenditures bill.

Sunset Wasteful Executive Expenditures and Programs Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Development Act Amendments of 2002''. SEC. 2. PURPOSES. (a) This Act.--The purposes of this Act are-- (1) to reauthorize the Appalachian Regional Development Act of 1965 (40 U.S.C. App.); and (2) to ensure that the people and businesses of the Appalachian region have the knowledge, skills, and access to telecommunication and technology services necessary to compete in the knowledge-based economy of the United States. (b) Appalachian Regional Development Act of 1965.--Section 2 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in subsection (b), by inserting after the third sentence the following: ``Consistent with the goal described in the preceding sentence, the Appalachian region should be able to take advantage of eco-industrial development, which promotes both employment and economic growth and the preservation of natural resources.''; and (2) in subsection (c)(2)(B)(ii), by inserting ``, including eco-industrial development technologies'' before the semicolon. SEC. 3. FUNCTIONS OF THE COMMISSION. Section 102(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in paragraph (5), by inserting ``, and support,'' after ``formation of''; (2) in paragraph (7), by striking ``and'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) encourage the use of eco-industrial development technologies and approaches; and ``(10) seek to coordinate the economic development activities of, and the use of economic development resources by, Federal agencies in the region.''. SEC. 4. INTERAGENCY COORDINATING COUNCIL ON APPALACHIA. Section 104 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) by striking ``The President'' and inserting ``(a) In General.--The President''; and (2) by adding at the end the following: ``(b) Interagency Coordinating Council on Appalachia.-- ``(1) Establishment.--In carrying out subsection (a), the President shall establish an interagency council to be known as the `Interagency Coordinating Council on Appalachia'. ``(2) Membership.--The Council shall be composed of-- ``(A) the Federal Cochairman, who shall serve as Chairperson of the Council; and ``(B) representatives of Federal agencies that carry out economic development programs in the region.''. SEC. 5. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE. Title II of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting after section 202 the following: ``SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE. ``(a) In General.--The Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects-- ``(1) to increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or applications in the region; ``(2) to provide education and training in the use of telecommunications and technology; ``(3) to develop programs to increase the readiness of industry groups and businesses in the region to engage in electronic commerce; or ``(4) to support entrepreneurial opportunities for businesses in the information technology sector. ``(b) Source of Funding.-- ``(1) In general.--Assistance under this section may be provided-- ``(A) exclusively from amounts made available to carry out this section; or ``(B) from amounts made available to carry out this section in combination with amounts made available under any other Federal program or from any other source. ``(2) Federal share requirements specified in other laws.-- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission determines to be appropriate. ``(c) Cost Sharing for Grants.--Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for a grant under this section may be provided from funds appropriated to carry out this section.''. SEC. 6. ENTREPRENEURSHIP INITIATIVE. Title II of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting after section 203 (as added by section 5) the following: ``SEC. 204. ENTREPRENEURSHIP INITIATIVE. ``(a) Definition of Business Incubator Service.--In this section, the term `business incubator service' means a professional or technical service necessary for the initiation and initial sustainment of the operations of a newly established business, including a service such as-- ``(1) a legal service, including aid in preparing a corporate charter, partnership agreement, or basic contract; ``(2) a service in support of the protection of intellectual property through a patent, a trademark, or any other means; ``(3) a service in support of the acquisition and use of advanced technology, including the use of Internet services and Web-based services; and ``(4) consultation on strategic planning, marketing, or advertising. ``(b) Projects To Be Assisted.--The Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects-- ``(1) to support the advancement of, and provide, entrepreneurial training and education for youths, students, and businesspersons; ``(2) to improve access to debt and equity capital by such means as facilitating the establishment of development venture capital funds; ``(3) to aid communities in identifying, developing, and implementing development strategies for various sectors of the economy; and ``(4)(A) to develop a working network of business incubators; and ``(B) to support entities that provide business incubator services. ``(c) Source of Funding.-- ``(1) In general.--Assistance under this section may be provided-- ``(A) exclusively from amounts made available to carry out this section; or ``(B) from amounts made available to carry out this section in combination with amounts made available under any other Federal program or from any other source. ``(2) Federal share requirements specified in other laws.-- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission determines to be appropriate. ``(d) Cost Sharing for Grants.--Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for a grant under this section may be provided from funds appropriated to carry out this section.''. SEC. 7. REGIONAL SKILLS PARTNERSHIPS. Title II of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting after section 204 (as added by section 6) the following: ``SEC. 205. REGIONAL SKILLS PARTNERSHIPS. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means a consortium that-- ``(1) is established to serve 1 or more industries in a specified geographic area; and ``(2) consists of representatives of-- ``(A) businesses (or a nonprofit organization that represents businesses); ``(B) labor organizations; ``(C) State and local governments; or ``(D) educational institutions. ``(b) Projects To Be Assisted.--The Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide funds to eligible entities in the region for projects to improve the job skills of workers for a specified industry, including projects for-- ``(1) the assessment of training and job skill needs for the industry; ``(2) the development of curricula and training methods, including, in appropriate cases, electronic learning or technology- based training; ``(3)(A) the identification of training providers; and ``(B) the development of partnerships between the industry and educational institutions, including community colleges; ``(4) the development of apprenticeship programs; ``(5) the development of training programs for workers, including dislocated workers; and ``(6) the development of training plans for businesses. ``(c) Administrative Costs.--An eligible entity may use not more than 10 percent of the funds made available to the eligible entity under subsection (b) to pay administrative costs associated with the projects described in subsection (b). ``(d) Source of Funding.-- ``(1) In general.--Assistance under this section may be provided-- ``(A) exclusively from amounts made available to carry out this section; or ``(B) from amounts made available to carry out this section in combination with amounts made available under any other Federal program or from any other source. ``(2) Federal share requirements specified in other laws.-- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission determines to be appropriate. ``(e) Cost Sharing for Grants.--Not more than 50 percent (or 80 percent in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 226) of the costs of any activity eligible for a grant under this section may be provided from funds appropriated to carry out this section.''. SEC. 8. PROGRAM DEVELOPMENT CRITERIA. (a) Elimination of Growth Center Criteria.--Section 224(a)(1) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``in an area determined by the State have a significant potential for growth or''. (b) Assistance to Distressed Counties and Areas.--Section 224 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by adding at the end the following: ``(d) Assistance to Distressed Counties and Areas.--For fiscal year 2003 and each fiscal year thereafter, not less than 50 percent of the amount of grant expenditures approved by the Commission shall support activities or projects that benefit severely and persistently distressed counties and areas.''. SEC. 9. GRANTS FOR ADMINISTRATIVE EXPENSES OF LOCAL DEVELOPMENT DISTRICTS. Section 302(a)(1)(A)(i) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by inserting ``(or, at the discretion of the Commission, 75 percent of such expenses in the case of a local development district that has a charter or authority that includes the economic development of a county or part of a county for which a distressed county designation is in effect under section 226)'' after ``such expenses''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 401 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended to read as follows: ``SEC. 401. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--In addition to amounts authorized by section 201 and other amounts made available for the Appalachian development highway system program, there are authorized to be appropriated to the Commission to carry out this Act-- ``(1) $88,000,000 for each of fiscal years 2002 through 2004; ``(2) $90,000,000 for fiscal year 2005; and ``(3) $92,000,000 for fiscal year 2006. ``(b) Telecommunications and Technology Initiative.--Of the amounts made available under subsection (a), the following amounts may be made available to carry out section 203: ``(1) $10,000,000 for fiscal year 2002. ``(2) $8,000,000 for fiscal year 2003. ``(3) $5,000,000 for each of fiscal years 2004 through 2006. ``(c) Availability.--Sums made available under subsection (a) shall remain available until expended.''. SEC. 11. ADDITION OF COUNTIES TO APPALACHIAN REGION. Section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in the third undesignated paragraph (relating to Kentucky)-- (A) by inserting ``Edmonson,'' after ``Cumberland,''; (B) by inserting ``Hart,'' after ``Harlan,''; and (C) by striking ``Montogomery,'' and inserting ``Montgomery,''; and (2) in the fifth undesignated paragraph (relating to Mississippi)-- (A) by inserting ``Montgomery,'' after ``Monroe,''; and (B) by inserting ``Panola,'' after ``Oktibbeha,''. SEC. 12. TERMINATION. Section 405 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``2001'' and inserting ``2006''. SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 101(b) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the third sentence by striking ``implementing investment program'' and inserting ``strategy statement''. (b) Section 106(7) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``expiring no later than September 30, 2001''. (c) Sections 202, 214, and 302(a)(1)(C) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) are amended by striking ``grant-in-aid programs'' each place it appears and inserting ``grant programs''. (d) Section 202(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the second sentence by striking ``title VI of the Public Health Service Act (42 U.S.C. 291-291o), the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (77 Stat. 282),'' and inserting ``title VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.),''. (e) Section 207(a) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``section 221 of the National Housing Act, section 8 of the United States Housing Act of 1937, section 515 of the Housing Act of 1949,'' and inserting ``section 221 of the National Housing Act (12 U.S.C. 1715l), section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), section 515 of the Housing Act of 1949 (42 U.S.C. 1485),''. (f) Section 214 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in the section heading, by striking ``grant-in-aid'' and inserting ``grant''; (2) in subsection (a)-- (A) by striking ``grant-in-aid Act'' each place it appears and inserting ``Act''; (B) in the first sentence, by striking ``grant-in-aid Acts'' and inserting ``Acts''; (C) by striking ``grant-in-aid program'' each place it appears and inserting ``grant program''; and (D) by striking the third sentence; (3) by striking subsection (c) and inserting the following: ``(c) Definition of Federal Grant Program.-- ``(1) In general.--In this section, the term `Federal grant program' means any Federal grant program authorized by this Act or any other Act that provides assistance for-- ``(A) the acquisition or development of land; ``(B) the construction or equipment of facilities; or ``(C) any other community or economic development or economic adjustment activity. ``(2) Inclusions.--In this section, the term `Federal grant program' includes a Federal grant program such as a Federal grant program authorized by-- ``(A) the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.); ``(B) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); ``(C) the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.); ``(D) the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.); ``(E) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(F) title VI of the Public Health Service Act (42 U.S.C. 291 et seq.); ``(G) sections 201 and 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141, 3149); ``(H) title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); or ``(I) part IV of title III of the Communications Act of 1934 (47 U.S.C. 390 et seq.). ``(3) Exclusions.--In this section, the term `Federal grant program' does not include-- ``(A) the program for construction of the Appalachian development highway system authorized by section 201; ``(B) any program relating to highway or road construction authorized by title 23, United States Code; or ``(C) any other program under this Act or any other Act to the extent that a form of financial assistance other than a grant is authorized.''; and (4) by striking subsection (d). (g) Section 224(a)(2) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ``relative per capita income'' and inserting ``per capita market income''. (h) Section 225 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.)-- (1) in subsection (a)(3), by striking ``development program'' and inserting ``development strategies''; and (2) in subsection (c)(2), by striking ``development programs'' and inserting ``development strategies''. (i) Section 303 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended-- (1) in the section heading, by striking ``investment programs'' and inserting ``strategy statements''; (2) in the first sentence, by striking ``implementing investments programs'' and inserting ``strategy statements''; and (3) by striking ``implementing investment program'' each place it appears and inserting ``strategy statement''. (j) Section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the next-to-last undesignated paragraph by striking ``Committee on Public Works and Transportation'' and inserting ``Committee on Transportation and Infrastructure''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Appalachian Regional Development Act Amendments of 2002 - Amends the Appalachian Regional Development Act of 1965 to include as functions of the Appalachian Regional Commission that it: (1) support local development districts; (2) encourage the use of eco-industrial development technologies and approaches; and (3) seek to coordinate economic development activities of, and the use of economic development resources by, Federal agencies in the Appalachian region.(Sec. 4) Directs the President to establish the Interagency Coordinating Council on Appalachia.(Sec. 5) Authorizes the Commission to provide technical assistance and make grants, enter into contracts, and otherwise provide funds to persons or entities in the region for projects to: (1) increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or applications; (2) provide education and training in the use of telecommunications and technology; (3) develop programs to increase the readiness of industry groups and businesses in the region to engage in electronic commerce; or (4) support entrepreneurial opportunities for businesses in the information technology sector.(Sec. 6) Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects to: (1) support the advancement of, and provide, entrepreneurial training and education for youths, students, and businesspersons; (2) improve access to debt and equity capital, by such means as the establishment of development venture capital funds; (3) aid communities in identifying, developing, and implementing development strategies for various sectors of the economy; and (4) develop a working network of business incubators and to support entities that provide business incubator services. Defines "business incubator service" as a professional or technical service necessary for the initiation and initial sustainment of the operations of a newly established business.(Sec. 7) Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to eligible entities in the region for projects to improve the job skills of workers in a specified industry. Limits all grants under this Act to 50 percent of project costs or 80 percent for projects carried out in distress-designated counties.(Sec. 8) Eliminates from criteria for programs and projects to be given assistance under the Act that an area have significant growth potential. Requires that, for FY 2003 and each fiscal year thereafter, not less than 50 percent of the amount of grant expenditures approved by the Commission support activities or projects that benefit severely and persistently distressed counties and areas.(Sec. 9) Allows, at the Commission's discretion, for coverage of up to 75 percent of the administrative expenses of local development districts that have a charter or authority that includes the economic development of a county for which a distressed county designation is in effect.(Sec. 10) Extends through FY 2006 the authorization of appropriations for: (1) carrying out the Act; and (2) the telecommunications and technology initiative.(Sec. 11) Adds Edmonson and Hart ( Kentucky), and Montgomery and Panola (Mississippi) to the counties included in the Appalachian region.(Sec. 12) Extends the deadline for the termination of certain provisions of the Act to October 1, 2006.

A bill to reauthorize the Appalachian Regional Development Act of 1965, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Account Distribution Improvement Act of 2008''. SEC. 2. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR CERTAIN RETIREMENT PLANS AND ACCOUNTS. (a) In General.--Section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) is amended by adding at the end the following new subparagraph: ``(H) Temporary waiver of minimum required distribution.-- ``(i) In general.--The requirements of this paragraph shall not apply in calendar year 2008, 2009, or 2010 to-- ``(I) a defined contribution plan which is described in this subsection or in section 403(a) or 403(b), ``(II) a defined contribution plan which is an eligible deferred compensation plan described in section 457(b) but only if such plan is maintained by an employer described in section 457(e)(1)(A), or ``(III) an individual retirement plan. ``(ii) Plans only to make elective distributions.--A trust forming part of a plan shall not constitute a qualified trust under this subsection unless the plan provides that it will not make a payment or distribution during calendar year 2009 or 2010 which would otherwise be made to meet the requirements of this paragraph unless the employee or beneficiary elects to have such payment or distribution made. This clause shall not apply to an employee or beneficiary who is receiving, after the annuity starting date, distributions under the plan through an annuity contract issued by a company licensed to do business as an insurance company under the laws of any State. ``(iii) Election.--An election under clause (ii) shall be made at such time and in such manner as the Secretary may prescribe. The Secretary may permit an employer to offer only 1 election that applies to 2009 and 2010 or may require employers to offer separate elections for each calendar year. ``(iv) Individual retirement plans exempt from elective distribution requirement.--In the case of an individual retirement account or annuity described in section 408, this subparagraph shall be applied without regard to clauses (ii) and (iii). ``(v) Special rules regarding waiver period.--For purposes of this paragraph-- ``(I) the required beginning date with respect to any individual shall be determined without regard to this subparagraph for purposes of applying this paragraph to calendar years after 2010, and ``(II) if clause (ii) of subparagraph (B) applies to such individual, the 5-year period described in such clause shall be determined without regard to calendar years 2008, 2009, or 2010.''. (b) Eligible Rollover Distributions.--Section 402(c)(4) of the Internal Revenue Code of 1986 (defining eligible rollover distribution) is amended by adding at the end the following new flush sentence: ``If all or any portion of a distribution during 2008, 2009, or 2010 is treated as an eligible rollover distribution but would not be so treated if the minimum distribution requirements under section 401(a)(9) had applied during such calendar year, such distribution shall not be treated as an eligible rollover distribution for purposes of section 401(a)(31) or 3405(c) or subsection (f) of this section''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. (2) Recontributions of distributions in 2008 or early 2009.-- (A) In general.--If a person receives 1 or more eligible distributions, the person may, on or before July 1, 2009, make one or more contributions (in an aggregate amount not exceeding all eligible distributions) to an eligible retirement plan and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the Internal Revenue Code of 1986, as the case may be. For purposes of the preceding sentence, rules similar to the rules of clauses (ii) and (iii) of section 402(c)(11)(A) of such Code shall apply in the case of a beneficiary who is not the surviving spouse of the employee or of the owner of the individual retirement plan. (B) Eligible distribution.--For purposes of this paragraph-- (i) In general.--Except as provided in clause (ii), the term ``eligible distribution'' means an applicable distribution to a person from an individual account or annuity-- (I) under a plan which is described in clause (iv), and (II) from which a distribution would, but for the application of section 401(a)(9)(H) of such Code, have been required to have been made to the individual for 2008 or 2009, whichever is applicable, in order to satisfy the requirements of sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of such Code. (ii) Eligible distributions limited to required distributions.--The aggregate amount of applicable distributions which may be treated as eligible distributions for purposes of this paragraph shall not exceed-- (I) for purposes of applying subparagraph (A) to distributions made in 2008, the amount which would, but for the application of section 401(a)(9)(H) of such Code, have been required to have been made to the individual in order to satisfy the requirements of sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of such Code for 2008, and (II) for purposes of applying subparagraph (A) to distributions made in 2009, the sum of the amount which would, but for the application of such section 401(a)(9)(H), have been required to have been made to the individual in order to satisfy such requirements for 2009, plus the excess (if any) of the amount described in subclause (I) which may be distributed in 2009 to meet such requirements for 2008 over the portion of such amount taken into account under subclause (I) for distributions made in 2008. (iii) Applicable distribution.-- (I) In general.--The term ``applicable distribution'' means a payment or distribution which is made during the period beginning on January 1, 2008, and ending on June 30, 2009. (II) Exception for minimum required distributions for other years.--Such term shall not include a payment or distribution which is required to be made in order to satisfy the requirements of section 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), or 457(d)(2) of such Code for a calendar year other than 2008 or 2009. (III) Exception for payments in a series.--In the case of any plan described in clause (iv)(I), such term shall not include any payment or distribution made in 2009 which is a payment or distribution described in section 402(c)(4)(A). (iv) Plans described.--A plan is described in this clause if the plan is-- (I) a defined contribution plan (within the meaning of section 414(i) of such Code) which is described in section 401, 403(a), or 403(b) of such Code or which is an eligible deferred compensation plan described in section 457(b) of such Code maintained by an eligible employer described in section 457(e)(1)(A) of such Code, or (II) an individual retirement plan (as defined in section 7701(a)(37) of such Code). (C) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a payment or distribution from a plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the payment or distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the plan in a direct trustee to trustee transfer. (D) Treatment of repayments for distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a payment or distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, such payments or distributions shall be treated as a distribution that satisfies subparagraphs (A) and (B) of section 408(d)(3) of such Code and as having been transferred to the individual retirement plan in a direct trustee to trustee transfer. (3) Provisions relating to plan or contract amendments.-- (A) In general.--If this paragraph applies to any pension plan or contract amendment, such pension plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii)(I). (B) Amendments to which paragraph applies.-- (i) In general.--This paragraph shall apply to any amendment to any pension plan or annuity contract which-- (I) is made by pursuant to the amendments made by this section, and (II) is made on or before the last day of the first plan year beginning on or after January 1, 2011. In the case of a governmental plan, subclause (II) shall be applied by substituting ``2012'' for ``2011''. (ii) Conditions.--This paragraph shall not apply to any amendment unless-- (I) during the period beginning on January 1, 2009, and ending on December 31, 2010 (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (II) such plan or contract amendment applies retroactively for such period.

Retirement Account Distribution Improvement Act of 2008 - Amends the Internal Revenue Code to suspend in 2008, 2009, and 2010 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a minimum distribution in 2008 to recontribute such distribution to their retirement plans by July 1, 2009.

A bill to amend the Internal Revenue Code of 1986 to suspend the minimum required pension distribution rules for 2008, 2009, and 2010.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans TRICARE Choice Act''. SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) coverage under the TRICARE program under chapter 55 of title 10, United States Code, for any period with respect to which an election is in effect under section 1097d of such title providing that the individual is ineligible to be enrolled in (and receive benefits under) such program.''. (b) Provisions Relating to Election of Ineligibility Under TRICARE.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1097c the following new section: ``Sec. 1097d. TRICARE program: Election of eligibility ``(a) Election.--A TRICARE-eligible individual may elect at any time to be ineligible to enroll in (and receive any benefits under) the TRICARE program. ``(b) Change of Election.--(1) If a TRICARE-eligible individual makes an election under subsection (a), the TRICARE-eligible individual may later elect to be eligible to enroll in the TRICARE program. An election made under this subsection may be made only during a special enrollment period. ``(2) The Secretary shall ensure that a TRICARE-eligible individual who makes an election under subsection (a) may efficiently enroll in the TRICARE program pursuant to an election under paragraph (1), including by maintaining the individual, as appropriate, in the health care enrollment system under section 1099 of this title in an inactive manner. ``(c) Period of Election.--If a TRICARE-eligible individual makes an election under subsection (a), such election shall be in effect beginning on the date of such election and ending on the date that such individual makes an election under subsection (b)(1) to enroll in the TRICARE program. ``(d) Health Savings Account Participation.--(1) For provisions allowing participation in a health savings account in connection with coverage under a high deductible health plan during the period that the election under subsection (a) is in effect, see section 223(c)(1)(B)(iv) of the Internal Revenue Code of 1986. ``(2) The Secretary shall submit to the Commissioner of Internal Revenue the name of, and any other information that the Commissioner may require with respect to, each TRICARE-eligible individual who makes an election under subsection (a) or (b), not later than 90 days after such election, for purposes of determining the eligibility of such TRICARE-eligible individual for a health savings account described in paragraph (1). ``(e) Records.--The Secretary shall ensure that a TRICARE-eligible individual who makes an election under subsection (a) is maintained on the Defense Enrollment Eligibility Reporting System, or successor system, regardless of whether the individual is eligible for the TRICARE program during the period of such election. ``(f) Annual Report.--Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the congressional defense committees a report on elections by TRICARE-eligible individuals under this section that includes the following: ``(1) The number of TRICARE-eligible individuals, as of the date of the submittal of the report, who are ineligible to enroll in (and receive any benefits under) the TRICARE program pursuant to an election under subsection (a). ``(2) The number of TRICARE-eligible individuals who made an election described under subsection (a) but, as of the date of the submittal of the report, are enrolled in the TRICARE program pursuant to a change of election under subsection (b). ``(g) Definitions.--In this section: ``(1) The term `TRICARE-eligible individual' means an individual who is eligible to be a covered beneficiary entitled to health care benefits under the TRICARE program (determined without regard to this section). ``(2) The term `special enrollment period' means the period in which a beneficiary under the Federal Employees Health Benefits program under chapter 89 of title 5 may enroll in or change a plan under such program by reason of a qualifying event or during an open enrollment season. For purposes of this section, such qualifying events shall also include events determined appropriate by the Secretary of Defense, including events relating to a member of the armed forces being ordered to active duty.''. (2) Conforming amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1097c the following new item: ``1097d. TRICARE program: Election of eligibility.''.

Veterans TRICARE Choice Act Allows an individual who is eligible to participate in the TRICARE program (a Department of Defense [DOD] managed health care program) to: (1) elect to be ineligible to enroll in such program, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period. Requires DOD to: (1) submit to the Internal Revenue Service information on each TRICARE-eligible individual who makes such election for purposes of determining such individual's eligibility for a health savings account; and (2) report to Congress, annually, on elections by TRICARE-eligible individuals under this Act.

Veterans TRICARE Choice Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space to Schools Act of 2010''. SEC. 2. PROGRAM. (a) Purpose.--The Secretary of Education may carry out a program (in this Act referred to as the ``Program'') to-- (1) encourage highly skilled retiring or displaced aerospace professionals with backgrounds in science, technology, engineering, or mathematics to pursue careers as elementary, secondary, or vocational school teachers; and (2) promote science, technology, engineering, and mathematics (STEM) education in kindergarten through grade 12 by encouraging aerospace professionals to pursue careers in teaching. (b) Eligibility.-- (1) Eligible individuals.--An individual who is eligible to participate in the Program is an individual-- (A) who is a former employee of the National Aeronautics and Space Administration, its suppliers, or a related contractor; and (B) who has relevant work experience in the aerospace industry. (2) School eligibility.--An eligible local education agency, charter school, or vocational school may receive Program participants. (c) Submission of Applications.-- (1) Form and submission.--Selection of eligible individuals to participate in the Program shall be made on the basis of applications submitted to the Secretary of Education within the time periods specified in paragraph (2). An application shall be in such form and contain such information as the Secretary may require. (2) Time for submission.--An application shall be considered to be submitted on a timely basis if it submitted not later than 4 years after the date on which the individual is retired, separated, or released from employment in the aerospace industry. (d) Selection Criteria.-- (1) Establishment.--Subject to paragraphs (2) and (3), the Secretary shall prescribe the criteria to be used to select eligible individuals to participate in the Program. (2) Educational background.-- (A) Elementary or secondary school teacher.--If an applicant is applying for assistance for placement as an elementary or secondary school teacher, the Secretary shall require the applicant to have received a baccalaureate or advanced degree from an accredited institution of higher education in a science, technology, engineering, or mathematics field. (B) Vocational or technical teacher.--If an applicant for assistance for placement as vocational or technical teacher, the Secretary shall require the applicant to have-- (i) received an associate degree, postsecondary training, or related certification obtained through service in the Armed Forces; (ii) have 6 or more years of work experience in a vocational or technical field; or (iii) otherwise meet the certification or licensing requirements for a vocational or technical teacher in the State in which the applicant seeks assistance for placement under the Program. (3) Termination of employment.--An applicant who was terminated from previous employment for cause shall be ineligible to participate in the Program. (e) Participation Agreement.-- (1) In general.--An eligible individual selected to participate in the Program and receive financial assistance under this section shall be required to enter into an agreement with the Secretary in which the participant agrees-- (A) within such time as the Secretary may require, to obtain certification or licensing as an elementary, secondary, vocational, or technical school teacher, and to become a highly qualified teacher; and (B) to accept an offer of full-time employment as an elementary, secondary, vocational, or technical school teacher for not less than 3 school years and commit to teaching in the subjects of science, technology, engineering, or mathematics with an eligible local educational agency, charter school, or vocational school to begin the school year after obtaining such certification or licensing. (2) Waiver.--The Secretary may waive the 3-year commitment described in paragraph (1)(B) for a participant if the Secretary determined such waiver to be appropriate. (3) Stipends for participants.-- (A) Stipend authorized.--The Secretary may pay to a participant in the Program a stipend in an amount of not more than $5,000 to be used towards obtaining licensing or certification for elementary or secondary teaching or vocational teaching programs. (B) Stipend bonus.--The Secretary, in lieu of paying a stipend under subparagraph (A), may pay a bonus of $10,000 to a participant in the Program who agrees in the participation agreement to become a highly qualified teacher and accept full-time employment as an elementary, secondary, vocational, or technical teacher for not less than 3 years in a high- need school and teach in the subject area of science, technology, engineering, or mathematics. (f) Reimbursement Under Certain Circumstances.-- (1) Reimbursement required.--A participant in the Program who is paid a stipend or bonus under this section shall be required to repay the stipend or bonus under the following circumstances: (A) Failure to obtain qualifications or employment.--The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as required by the participation agreement under subsection (e). (B) Termination of employment.--The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher during the 3 years of required service in violation of the participation agreement. (2) Amount of reimbursement.--A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under this section shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the 3 years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due. (3) Treatment of obligation.--The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11, United States Code, shall not release a participant from the obligation to reimburse the Secretary under this subsection. (g) Advisory Board.-- (1) No later than 120 days after enactment of this Act, the Secretary shall establish an Advisory Board whose duties include-- (A) collecting, considering, and disseminating feedback from participants, State educational agencies, local educational agencies, charter schools, and vocational schools on best practices for recruitment of eligible individuals to participate in the Program; (B) ensuring elementary schools, secondary schools, and vocational schools are aware of the Program and how to participate in it; (C) developing guidelines to help individuals selected to participate in the Program identify and enroll in licensing or certification training for elementary or secondary education teaching or vocational teaching programs; and (D) coordinating the goals of the Program with other Federal, State, and local education needs. (2) No later than 1 year after the date of enactment of this Act, and annually thereafter, prepare and submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, which shall include-- (A) information with respect to the activities of the Advisory Board; (B) information with respect to the Program, including-- (i) the number of participants in the Program; (ii) the number of States participating in the Program; (iii) the local educational agencies and schools where participants are employed; (iv) the grade levels at which the participants teach; (v) the academic subjects taught by participants; (vi) the hours of clinical and classroom time participants completed during the certification or licensing required for participation in the Program; (vii) a review of the stipend and bonus available to participants; and (viii) other demographic information as may be necessary to evaluate the effectiveness of the Program; and (C) recommendations for improvements and other necessary changes to ensure that the Program is meeting the purpose as described in subsection (a). (h) Definitions.--In this Act: (1) In general.--The terms ``elementary school'', ``highly qualified''; ``local educational agency'', ``secondary school'', ``State educational agency'', and ``State'' have the meaning given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Charter school.--The term ``charter school'' has the meaning given such term in section 5210 of the Elementary and Secondary Act of 1965 (20 U.S.C. 7221i). (3) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency receiving funding under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (4) High-need school.--The term ``high-need school'' means an elementary school, secondary school, or vocational school under the jurisdiction of an eligible local educational agency, or a charter school, or vocational school, where at least 50 percent of the students enrolled in the school are-- (A) in poverty counted in the most recent census data approved by the Secretary; (B) eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (C) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or (D) eligible to receive medical assistance under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Vocational school.--The term ``vocational school'' means-- (A) a specialized public secondary school used exclusively or principally for the provision of vocational and technical education to individuals who are available for study in preparation for entering the labor market; or (B) the department or division of an institution of higher education that provides vocational and technical education in not fewer than five different occupational fields leading to immediate employment but not necessarily leading to a baccalaureate degree. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $20,000,000 to carry out this Act for fiscal year 2011 and each of fiscal years 2012 through 2014. (2) No fiscal year limitation on funding.--Funds appropriated under paragraph (1) shall remain available until expended.

Space to Schools Act of 2010 - Authorizes the Secretary of Education to implement a program to encourage individuals who are former employees of the National Aeronautics and Space Administration (NASA), its suppliers, or related contractors who have relevant work experience in the aerospace industry to pursue careers as elementary, secondary, or vocational school teachers. Sets forth educational background requirements for program participants. Requires program participants to enter into an agreement to: (1) obtain certification or licensing as an elementary, secondary, vocational, or technical school teacher, and to become a highly qualified teacher; and (2) accept an offer of full-time employment as an elementary, secondary, vocational, or technical school teacher for at least three school years and commit to teaching science, technology, engineering, or mathematics after obtaining such certification or licensing. Directs the Secretary to provide program participants with: (1) a stipend for use in obtaining certification or licensing; or (2) a larger bonus if they agree to perform their service in high-need schools. Requires the Secretary to establish an Advisory Board to oversee the program.

To authorize the Secretary of Education to establish a program for displaced aerospace professionals to become certified elementary, secondary, or vocational school teachers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Through Trade Expansion Act of 1994''. TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION SEC. 101. RAISING CEILING ON INSURANCE. Section 235(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(1)) is amended by striking ``$9,000,000,000'' and inserting ``$13,500,000,000''. SEC. 102. RAISING CEILING ON FINANCING. Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)) is amended to read as follows: ``(2) Financing.--(A) The maximum contingent liability outstanding at any one time pursuant to financing issued under subsections (b) and (c) of section 234 shall not exceed in the aggregate $9,500,000,000. ``(B) Subject to spending authority provided in appropriations Acts pursuant to section 504(b) of the Federal Credit Reform Act of 1990, the Corporation is authorized to transfer such sums as are necessary from its noncredit activities to pay for the subsidy cost of the investment guaranties and direct loan programs under subsections (b) and (c) of section 234.''. SEC. 103. EXTENDING ISSUING AUTHORITY. Section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3)) is amended by striking ``1994'' and inserting ``1996''. SEC. 104. ADMINISTRATIVE EXPENSES. Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) is amended by striking subsection (g). SEC. 105. EXEMPTIONS FOR CERTAIN COUNTRIES. Paragraph (2) of the second undesignated paragraph of section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 2191) is amended by inserting after ``Recovery Act (19 U.S.C. 2702)'' the following: ``, Ireland, and Northern Ireland''. TITLE II--TRADE AND DEVELOPMENT AGENCY SEC. 201. TRADE AND DEVELOPMENT AGENCY. Section 661(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)(1)) is amended-- (1) by striking ``There are authorized'' and inserting ``(A) There are authorized''; (2) by striking ``$55,000,000'' and all that follows and inserting ``$77,000,000 for fiscal year 1995 and such sums as are necessary for fiscal year 1996.''; and (3) by adding at the end the following new subparagraph: ``(B) Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.''. TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE ADMINISTRATION SEC. 301. EXPORT PROMOTION AUTHORIZATION. Section 202 of the Export Administration Amendments Act of 1985 (15 U.S.C. 4052) is amended to read as follows: ``SEC. 202. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Department of Commerce to carry out export promotion programs such sums as are necessary for fiscal years 1995 and 1996.''. TITLE IV--PROMOTION OF UNITED STATES ENVIRONMENTAL EXPORTS SEC. 401. SHORT TITLE. This title may be cited as the ``Environmental Export Promotion Act of 1994''. SEC. 402. PROMOTION OF ENVIRONMENTAL EXPORTS. (a) Environmental Technologies Trade Advisory Committee.--Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 4728) is amended-- (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: ``(c) Environmental Technologies Trade Advisory Committee.-- ``(1) Establishment and purpose.--The Secretary, in carrying out the duties of the chairperson of the TPCC, shall establish the Environmental Technologies Trade Advisory Committee (hereafter in this section referred to as the `Committee'). The purpose of the Committee shall be to provide advice and guidance to the Working Group in the development and administration of programs to expand United States exports of environmental technologies, goods, and services and products that comply with United States environmental, safety, and related requirements. ``(2) Membership.--The members of the Committee shall be drawn from representatives of-- ``(A) environmental businesses, including small businesses; ``(B) trade associations in the environmental sector; ``(C) private sector organizations involved in the promotion of environmental exports, including products that comply with United States environmental, safety, and related requirements; ``(D) States (as defined in section 2301(i)(5)) and associations representing the States; and ``(E) other appropriate interested members of the public, including labor representatives. The Secretary shall appoint as members of the Committee at least 1 individual under each of subparagraphs (A) through (E). ``(d) Export Plans for Priority Countries.-- ``(1) Priority country identification.--The Working Group, in consultation with the Committee, shall annually assess which foreign countries have markets with the greatest potential for the export of United States environmental technologies, goods, and services. Of these countries the Working Group shall select as priority countries 5 with the greatest potential for the application of United States Government export promotion resources related to environmental exports. ``(2) Export plans.--The Working Group, in consultation with the Committee, shall annually create a plan for each priority country selected under paragraph (1), setting forth in detail ways to increase United States environmental exports to such country. Each such plan shall-- ``(A) identify the primary public and private sector opportunities for United States exporters of environmental technologies, goods, and services in the priority country; ``(B) analyze the financing and other requirements for major projects in the priority country which will use environmental technologies, goods, and services, and analyze whether such projects are dependent upon financial assistance from foreign countries or multilateral institutions; and ``(C) list specific actions to be taken by the member agencies of the Working Group to increase United States exports to the priority country.''. (b) Additional Mechanisms To Promote Environmental Exports.-- Section 2313 of the Export Enhancement Act of 1988 is further amended by adding at the end the following: ``(f) Environmental Technologies Specialists in the United States and Foreign Commercial Service.-- ``(1) Assignment of environmental technologies specialists.-- The Secretary shall assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the 5 priority countries selected under subsection (d)(1), and the Secretary is authorized to assign such a specialist to the office of the United States and Foreign Commercial Service in any country that is a promising market for United States exports of environmental technologies, goods, and services. Such specialist may be an employee of the Department, an employee of any relevant United States Government department or agency assigned on a temporary or limited term basis to the Commerce Department, or a representative of the private sector assigned to the Department of Commerce. ``(2) Duties of environmental technologies specialists.--Each specialist assigned under paragraph (1) shall provide export promotion assistance to United States environmental businesses, including, but not limited to-- ``(A) identifying factors in the country to which the specialist is assigned that affect the United States share of the domestic market for environmental technologies, goods, and services, including market barriers, standards-setting activities, and financing issues; ``(B) providing assessments of assistance by foreign governments that is provided to producers of environmental technologies, goods, and services in such countries in order to enhance exports to the country to which the specialist is assigned, the effectiveness of such assistance on the competitiveness of United States products, and whether comparable United States assistance exists; ``(C) training Foreign Commercial Service Officers in the country to which the specialist is assigned, other countries in the region, and United States and Foreign Commercial Service offices in the United States, in environmental technologies and the international environmental market; ``(D) providing assistance in identifying potential customers and market opportunities in the country to which the specialist is assigned; ``(E) providing assistance in obtaining necessary business services in the country to which the specialist is assigned; ``(F) providing information on environmental standards and regulations in the country to which the specialist is assigned; ``(G) providing information on all United States Government programs that could assist the promotion, financing, and sale of United States environmental technologies, goods, and services in the country to which the specialist is assigned; and ``(H) promoting the equal treatment of United States environmental, safety, and related requirements, with those of other exporting countries, in order to promote exports of United States-made products. ``(g) Environmental Training in One-Stop Shops.--In addition to the training provided under subsection (f)(2)(C), the Secretary shall establish a mechanism to train-- ``(1) Commercial Service Officers assigned to the one-stop shops provided for in section 2301(b)(8), and ``(2) Commercial Service Officers assigned to district offices in districts having large numbers of environmental businesses, in environmental technologies and in the international environmental marketplace, and ensure that such officers receive appropriate training under such mechanism. Such training may be provided by officers or employees of the Department of Commerce, and other United States Government departments and agencies, with appropriate expertise in environmental technologies and the international environmental workplace, and by appropriate representatives of the private sector. ``(h) International Regional Environmental Initiatives.-- ``(1) Establishment of initiatives.--The TPCC may establish one or more international regional environmental initiatives the purpose of which shall be to coordinate the activities of Federal departments and agencies in order to build environmental partnerships between the United States and the geographic region outside the United States for which such initiative is established. Such partnerships shall enhance environmental protection and promote sustainable development by using in the region technical expertise and financial resources of United States departments and agencies that provide foreign assistance and by expanding United States exports of environmental technologies, goods, and services to that region. ``(2) Activities.--In carrying out each international regional environmental initiative, the TPCC shall-- ``(A) support, through the provision of foreign assistance, the development of sound environmental policies and practices in countries in the geographic region for which the initiative is established, including the development of environmentally sound regulatory regimes and enforcement mechanisms; ``(B) identify and disseminate to United States environmental businesses information regarding specific environmental business opportunities in that geographic region; ``(C) coordinate existing Federal efforts to promote environmental exports to that geographic region, and ensure that such efforts are fully coordinated with environmental export promotion efforts undertaken by the States and the private sector; ``(D) increase assistance provided by the Federal Government to promote exports from the United States of environmental technologies, goods, and services to that geographic region, such as trade missions, reverse trade missions, trade fairs, and programs in the United States to train foreign nationals in United States environmental technologies; and ``(E) increase high-level advocacy by United States Government officials (including the United States ambassadors to the countries in that geographic region) for United States environmental businesses seeking market opportunities in that geographic region. ``(i) Environmental Technologies Project Advocacy Calendar and Information Dissemination Program.--The Working Group shall-- ``(1) maintain a calendar, updated at the end of each calendar quarter, of significant opportunities for United States environmental businesses in foreign markets and trade promotion events, which shall-- ``(A) be made available to the public; ``(B) identify the 50 to 100 environmental infrastructure and procurement projects in foreign markets that have the greatest potential in the calendar quarter for United States exports of environmental technologies, goods, and services; and ``(C) include trade promotion events, such as trade missions and trade fairs, in the environmental sector; and ``(2) provide, through the National Trade Data Bank and other information dissemination channels, information on opportunities for environmental businesses in foreign markets and information on Federal export promotion programs. ``(j) Environmental Technology Export Alliances.--Subject to the availability of appropriations for such purpose, the Secretary is authorized to use the Market Development Cooperator Program to support the creation on a regional basis of alliances of private sector entities, nonprofit organizations, and universities, that support the export of environmental technologies, goods, and services and promote the export of products complying with United States environmental, safety, and related requirements. ``(k) Definition.--For purposes of this section, the term `environmental business' means a business that produces environmental technologies, goods, or services.''. TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY SEC. 501. ESTABLISHMENT OF PROGRAM. (a) In General.--In carrying out part I of the Foreign Assistance Act of 1961 and other relevant foreign assistance laws, the President, acting through the Administrator of the United States Agency for International Development, shall establish a program of training and other technical assistance to assist foreign countries in-- (1) developing and strengthening laws and regulations to protect intellectual property; and (2) developing the infrastructure necessary to implement and enforce such laws and regulations. (b) Participation of Other Agencies.--The Administrator of the United States Agency for International Development-- (1) shall utilize the expertise of the Patent and Trademark Office and other agencies of the United States Government in designing and implementing the program of assistance provided for in this section; (2) shall coordinate assistance under this section with efforts of other agencies of the United States Government to increase international protection of intellectual property, including implementation of international agreements containing high levels of protection of intellectual property; and (3) shall consult with the heads of such other agencies in determining which foreign countries will receive assistance under this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs Within the International Trade Administration Title IV: Promotion of United States Environmental Exports Title V: International Protection of Intellectual Property Jobs Through Trade Expansion Act of 1994 - Title I: Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to raise the ceiling on the maximum contingent liability allowed for Overseas Private Investment Corporation (OPIC) insurance and outstanding financing. (Sec. 102) Authorizes OPIC to transfer amounts from noncredit activities to pay subsidy costs of program levels for the direct loan and investment guaranties programs. (Sec. 103) Continues OPIC's authority to issue investment insurance and guarantees through FY 1996. (Sec. 105) Makes a restriction on OPIC assistance for countries that exceed a specified per capita income level inapplicable to Ireland and Northern Ireland (thus making such countries eligible for OPIC assistance). Title II: Trade and Development Agency - Authorizes appropriations for the Trade and Development Agency for FY 1995 and 1996. Title III: Export Promotion Programs Within the International Trade Administration - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for Department of Commerce export promotion programs for FY 1995 and 1996. Title IV: Promotion of United States Environmental Exports - Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to remove provisions relating to Environmental Export Assistance Officers. (Sec. 402) Directs the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to provide guidance on programs to expand U.S. exports of environmental technologies, goods, and services and products that comply with U.S. environmental, safety, and related requirements. Requires the Environmental Trade Promotion Working Group, a subcommittee of the Trade Promotion Coordination Committee (TPCC), to: (1) select five priority countries with the greatest potential for the application of U.S. Government export promotion resources related to environmental exports; and (2) create a plan annually for each such country that sets forth ways to increase such exports to such country. Directs the Secretary to assign a specialist in environmental technologies to the office of the U.S. and Foreign Commercial Service in each of the priority countries. Authorizes the TPCC to establish international regional initiatives to coordinate the activities of Federal agencies in order to build environmental partnerships between the United States and the geographic regions outside the United States for which such initiatives are established. Provides that such partnerships shall enhance environmental protection and promote sustainable development by using the technical expertise and financial resources of Federal agencies that provide foreign assistance and by expanding U.S. exports of environmental technologies, goods, and services to such regions. Directs the Working Group to maintain a calendar of significant opportunities for U.S. environmental businesses in foreign markets and trade promotion events to be made available to the public. Authorizes the Secretary to use the Market Development Cooperator Program to support regional alliances of private sector entities, nonprofit organizations, and universities that support the export of environmental technologies, goods, and services and promote the export of products complying with U.S. environmental, safety, and related requirements. Title V: International Protection of Intellectual Property - Requires the President, acting through the Administrator of the Agency for International Development, to establish a program of training and technical assistance to assist foreign countries in: (1) developing and strengthening laws and regulations to protect intellectual property; and (2) developing the infrastructure necessary to implement and enforce such laws and regulations.

Jobs Through Trade Expansion Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shaken Baby Syndrome Prevention Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Shaken Baby Syndrome is a term used to describe the constellation of symptoms, trauma, and medical conditions resulting from the violent shaking, or abusive impact to the head, of an infant, toddler or other young child. (2) Shaken Baby Syndrome is a form of child abuse affecting between 1,200 and 1,600 children every year. (3) Children who are age 1 or younger accounted for 41.9 percent of all child abuse and neglect fatalities in 2005, and children who are age 4 or younger accounted for 76.6 percent of all child abuse and neglect facilities in 2005. (4) The most recent National Child Abuse and Neglect Data System figures reveal that almost 900,000 children were victims of abuse and neglect in the United States in 2005. That abuse and neglect caused unspeakable pain and suffering to the Nation's most vulnerable citizens. (5) It is estimated that between one-quarter and one-third of Shaken Baby Syndrome victims die as a result of their injuries, while one-third suffer permanent, severe disabilities including paralysis, seizures, loss of hearing or vision, cognitive impairments, and other disabilities, often resulting in a lifetime of extraordinary medical, educational, and care expenses. (6) Shaken Baby Syndrome is preventable. Prevention programs have demonstrated that educating new parents and other caregivers about the danger of shaking young children, healthy strategies for coping with infant crying, infant soothing skills, and how to protect children from injury can bring about a significant reduction in the number of cases of Shaken Baby Syndrome. (7) Efforts to prevent Shaken Baby Syndrome are supported by child welfare and advocacy groups across the United States, including many groups formed by parents and relatives of children who have been killed or injured by the syndrome. (8) Education programs have been shown to raise awareness about Shaken Baby Syndrome and provide critically important information about the syndrome to caregivers, day care workers, child protection employees, law enforcement personnel, health care providers, and legal representatives. (9) Education programs can give parents healthy strategies for dealing with a crying infant and change the knowledge and behavior of parents of young children. SEC. 3. PUBLIC HEALTH CAMPAIGN. (a) In General.-- (1) Development.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Director of the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention, the Director of the National Institute of Child Health and Human Development, the Director of the Maternal and Child Health Bureau of the Health Resources and Services Administration, and the Director of the Office of Child Abuse and Neglect in the Administration for Children and Families, shall develop an effective national Shaken Baby Syndrome public health campaign. (2) Information.--The public health campaign shall inform the general public, and new parents, child care providers and other caregivers of young children, health care providers, and social workers, among others, about brain injuries and other harmful effects that may result from shaking, or abusive impact to the head, of infants and children under age 5, and healthy strategies to cope with a crying infant and related frustrations, in order to help protect children from injury. (3) Coordination.--In carrying out the public health campaign, the Secretary shall also coordinate activities with providers of other support services to parents and other caregivers of young children. (b) Activities.-- (1) In general.--In carrying out the public health campaign, the Secretary shall carry out the activities described in paragraphs (2) through (4). (2) National action plan and strategies.--The Secretary shall-- (A) develop a National Action Plan and effective strategies to increase awareness of opportunities to prevent Shaken Baby Syndrome through activities that comprehensively and systematically provide information and instruction about healthy strategies for parents and other caregivers concerning how to cope with a crying infant and related frustrations; and (B) coordinate the Plan and effective strategies with evidence-based strategies and efforts that support families with infants and other young children, such as home visiting programs and respite child care efforts, which have a role to play in prevention of the syndrome. (3) Communication, education, and training.--The Secretary shall carry out communication, education, and training about Shaken Baby Syndrome prevention, including efforts to communicate with the general public by-- (A) disseminating effective prevention practices and techniques to parents and caregivers through maternity hospitals, child care centers, organizations providing prenatal and postnatal care, organizations providing programs for fathers, and organizations providing parenting education and support services; (B)(i) producing evidence-based educational and informational materials in print, audio, video, electronic, and other media, giving special attention to educating young men and English language learners through the materials; and (ii) coordinating activities carried out under clause (i) with national and Federal awareness activities, such as the activities accompanying Shaken Baby Awareness Week, to the extent possible; (C) carrying out Shaken Baby Syndrome training, which shall aim-- (i) to ensure that primary care providers, home visitors, parent educators, child care providers, foster parents and others involved in the care of young children, and nurses, physicians, and other health care providers, are aware of ways to prevent abusive head trauma and other forms of child maltreatment, and the need to secure immediate medical attention in cases of head trauma; and (ii) to provide health care providers and early childhood educators with the knowledge, skills, and materials to simply, quickly, and effectively educate parents, including adoptive and foster parents, as well as others who are caregivers of young children, about infant crying and thus reduce abuse. (4) Supports for parents and caregivers.-- (A) In general.--The Secretary, in consultation with the Shaken Baby Awareness Advisory Council, shall work to ensure that the parents and caregivers of children are connected to effective supports through the coordination of existing programs and networks or the establishment of new programs. (B) Supports.--To the extent practicable, the supports provided under this paragraph shall include the provision of a 24-hour phone hotline, and the development of an Internet website for round-the-clock support, for-- (i) parents and caregivers who struggle with infant crying and related concerns; (ii) parents and caregivers of surviving children who suffer serious injuries as a result of shaking or an abusive impact to the head, as a young child; and (iii) parents and family members of children who do not survive such shaking or abusive impact. (c) Shaken Baby Awareness Advisory Council.-- (1) Establishment.--There is established a Shaken Baby Awareness Advisory Council (referred to in this subsection as the ``Council''). (2) Membership.--The Council shall be composed of members appointed by the Secretary, not later than 6 months after the date of enactment of this Act, including, to the maximum extent possible, representatives from-- (A) Shaken Baby Awareness advocacy organizations, including groups formed by parents and relatives of victims; (B) child protection advocacy organizations; (C) organizations involved in child protection and child maltreatment prevention; (D) disability advocacy organizations; (E) pediatric medical associations; (F) psychologists, child development professionals, or family studies professionals; (G) professional associations or institutions involved in medical research related to abusive head trauma; (H) academic institutions; (I) parenting support organizations, including those providing programs targeted towards fathers; (J) organizations who come in contact with families and caregivers of infants, toddlers, and other young children; and (K) other Federal and State agencies involved in child abuse prevention activities. (3) Period of appointment; vacancies.-- (A) Period of appointment.--The Secretary shall, after consultation with the members of the Council initially appointed by the Secretary under paragraph (2), determine and establish the term of service on the Council that shall apply to all current and future members. (B) Vacancies.--Any vacancy in the Council shall not affect the powers of the Council, but shall be filled in the same manner as the original appointment. (4) Duties.--The Council shall meet at least semi- annually-- (A) to develop recommendations regarding the National Action Plan and effective strategies described in subsection (b)(2); and (B) to develop recommendations related to support services for families and caregivers of young children. (5) Personnel.-- (A) Travel expenses.--The members of the Council shall not receive compensation for the performance of services for the Council, but 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 Council. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. (B) Detail of government employees.--Any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (6) Termination of committee.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. The Secretary shall terminate the Council when the Secretary determines, after consultation with the Council, that it is no longer necessary to pursue the goals and carry out the activities of the Council. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009, 2010, and 2011.

Shaken Baby Syndrome Prevention Act of 2007 - Requires the Secretary of Health and Human Services, acting through various federal agencies, to develop a national Shaken Baby Syndrome public health campaign. Requires the Secretary to: (1) develop a National Action Plan and effective strategies to increase awareness of opportunities to prevent Shaken Baby Syndrome; and (2) coordinate the Plan and strategies with evidence-based strategies and efforts that support families with infants and other young children. Directs the Secretary to carry out communication, education, and training about Shaken Baby Syndrome prevention, including efforts to communicate with the general public, such as by: (1) disseminating effective prevention practices and techniques to parents and caregivers; (2) producing evidence-based educational and information materials; and (3) carrying out Shaken Baby Syndrome training. Requires the Secretary to work to ensure that the parents and caregivers of children are connected to effective supports through the coordination of existing programs and networks or the establishment of new programs, including a 24-hour phone hotline and the development of an Internet website for round-the-clock support. Establishes a Shaken Baby Awareness Advisory Council to develop recommendations: (1) regarding the National Action Plan and effective strategies; and (2) related to support services for families and caregivers of young children.

A bill to enhance Federal efforts focused on public awareness and education about the risks and dangers associated with Shaken Baby Syndrome.

SECTION 1. EXPANSION OF FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM TO INCLUDE RETIRED MEMBERS AND DEPENDENTS WHO ARE MEDICARE ELIGIBLE. (a) Federal Employee Health Benefits Program Option.--The Secretary of Defense, after consulting with the other administering Secretaries under chapter 55 of title 10, United States Code, shall enter into an agreement with the Office of Personnel Management under which certain persons are offered enrollment in a health benefits plan under chapter 89 of title 5, United States Code, in lieu of receiving care in treatment facilities of the uniformed services or through the Civilian Health and Medical Program of the Uniformed Services or the TRICARE program. The agreement may provide for enrollment limitations if the Office of Personnel Management determines that the limitations are necessary to allow for adequate planning for access for services under chapter 89 of title 5, United States Code. (b) Eligible Persons.--(1) The following persons shall be eligible for enrollment under this section: (A) A member or former member of the uniformed services described in section 1074(b) of title 10, United States Code, who is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). (B) A dependent of a person described in subparagraph (A) if the dependent is otherwise eligible for health care under chapter 55 of title 10, United States Code and is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). (2) Persons described in paragraph (1) shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5, United States Code, as a condition for enrollment in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a). (c) Contributions.--(1) In the case of a person described in subsection (b) who enrolls in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a), the administering Secretary concerned shall be responsible for Government contributions that the Office of Personnel Management determines are necessary to cover all costs in excess of beneficiary contributions under paragraph (2). (2) The contribution required from an enrolled person under this section shall be equal to the amount that would be withheld from the pay of a similarly situated Federal employee who enrolls in a health benefits plan under chapter 89 of title 5, United States Code. (d) Management of Participation.--The authority responsible for approving retired or retainer pay or equivalent pay in the case of a member or former member shall manage the participation of the member or former member, and dependents of the member or former member, who enroll in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a). The Office of Personnel Management shall maintain separate risk pools for persons described in subsection (b) until such time as the Director of the Office of Personnel Management determines that complete inclusion chapter 89 of title 5, United States Code, of persons described in subsection (b) will not adversely affect Federal employees and annuitants enrolled in health benefits plans under such chapter. (e) Effect of Cancellation.--The cancellation by a person described in subsection (b) of coverage under the Federal Employee Health Benefits program shall be irrevocable for purposes of this section. (f) Reporting Requirements.--Not later than November 1 of each year, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly submit a report to Congress describing the provision of health care services to persons under this section during the preceding fiscal year. The report shall address or contain the following: (1) The number of persons enrolled in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a), both in terms of total number and as a percentage of all persons receiving health care through the health care system of the uniformed services. (2) The out-of-pocket cost to enrollees under such health benefits plans. (3) The cost to the Government (including the Department of Defense, the Department of Transportation, and the Department of Health and Human Services) of providing care under such health benefits plans. (4) A comparison of the costs determined under paragraphs (2) and (3) and the costs that would have otherwise been incurred by the Government and enrollees under alternative health care options available to the administering Secretaries. (5) The effect of this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services. (g) Time for Option.--The Secretary of Defense shall begin to offer the health benefits option under subsection (a) not later than October 1, 1997. (h) Conforming Amendments.--Chapter 89 of title 5, United States Code, is amended-- (1) in section 8905-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) An individual whom the Secretary of Defense determines is an eligible person under the special authority provided to the Secretary may enroll in a health benefits plan under this chapter in accordance with the agreement between the Secretary and the Office and applicable regulations under this chapter.''; (2) in section 8906(b)-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (B) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll in a health plan in accordance with section 8905(d) of this title, the Government contribution shall be determined in accordance with the agreement between the Secretary and the Office.''; and (3) in section 8906(g)-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (B) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll in accordance with section 8905(d) of this title shall be paid in accordance with the agreement between the Secretary and the Office.''.

Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which current or former military personnel who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act are offered enrollment in a Federal employees health benefits plan in lieu of receiving care in military treatment facilities or through the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Allows such enrollment for any dependent of such individual if the dependent is entitled to health care under CHAMPUS and is or becomes entitled to hospital insurance benefits under Medicare. Outlines provisions concerning: (1) contributions for such coverage; (2) management of member participation; and (3) cancellation of coverage. Directs the Secretary and the OPM Director to report jointly to the Congress each year on the provision of such services to eligible persons during the preceding fiscal year. Requires the Secretary to offer such health benefits option no later than October 1, 1997.

To permit Medicare-eligible retired members of the Armed Forces and their Medicare-eligible dependents to enroll in the Federal Employees Health Benefits program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Employment Transition Act of 2010''. SEC. 2. WORK OPPORTUNITY CREDIT FOR CERTAIN RECENTLY DISCHARGED VETERANS. (a) In General.--Subparagraph (A) of section 51(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``means any veteran'' and all that follows and inserting ``means any recently discharged veteran and any disadvantaged veteran.'' (b) Recently Discharged Veteran; Disadvantaged Veteran.--Paragraph (3) of section 51(d) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively, and (2) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Recently discharged veteran.--For purposes of subparagraph (A), the term `recently discharged veteran' means-- ``(i) any individual who has served on active duty (other than active duty for training) in the Armed Forces of the United States for more than 180 total days (whether consecutive or not), ``(ii) any individual who has been discharged or released from active duty in the Armed Forces of the United States for a service-connected disability, and ``(iii) any member of the National Guard who has served for more than 180 total days (whether consecutive or not) of-- ``(I) active duty (within the meaning of title 32, United States Code) other than for training, ``(II) full-time National Guard duty (within the meaning of such title 32) other than for training, ``(III) duty, other than inactive duty or duty for training, in State status (within the meaning of such title 32), or ``(IV) any combination of duty described in subclause (I), (II), or (III), who has been discharged or released from such duty at any time during the 5-year period ending on the hiring date. Such term shall not include any unemployed veteran who begins work for the employer before the date of the enactment of the Veteran Employment Transition Act of 2010. ``(C) Disadvantaged veteran.--For purposes of subparagraph (A), the term `disadvantaged veteran' means any veteran who is certified by the designated local agency as-- ``(i) being a member of a family receiving assistance under a supplemental nutrition assistance program under the Food and Nutrition Act of 2008 for at least a 3-month period ending during the 12-month period ending on the hiring date, or ``(ii) entitled to compensation for a service-connected disability, and-- ``(I) having a hiring date which is not more than 1 year after having been discharged or released from active duty in the Armed Forces of the United States, or ``(II) having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months.''. (c) Conforming Amendments.--Section 51 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(d)(3)(A)(ii)'' in paragraph (3) of subsection (b) and inserting ``(d)(3)(C)(ii)'', (2) by striking ``For purposes of subparagraph (A)'' each place it appears in subparagraphs (D) and (E) of subsection (d)(3), as redesignated by subsection (b), and inserting ``For purposes of subparagraph (C)'', (3) by adding at the end of paragraph (13) of subsection (d) the following new subparagraph: ``(D) Pre-screening of recently discharged veterans.-- ``(i) In general.--For purposes of subparagraph (A), the term `pre-screening notice' shall include any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces or from service in the National Guard which includes information sufficient to establish that such individual is a recently discharged veteran. ``(ii) Additional certification not required.--Subparagraph (A) shall be applied without regard to clause (ii)(II) thereof in the case of a recently discharged veteran who provides to the employer documentation described in clause (i).'', (4) by inserting ``who begins work for the employer after December 31, 2008, and before the date of the enactment of the Veteran Employment Transition Act of 2010,'' after ``Any unemployed veteran'' in subparagraph (A) of subsection (d)(14), and (5) by inserting a comma after ``during 2009 or 2010'' in subparagraph (A) of subsection (d)(14). (d) Effective Date.--The amendments made by subsections (a), (b), and (c) shall apply to individuals whose hiring date (as defined in section 51(d)(11) of the Internal Revenue Code of 1986) is on or after the date of the enactment of this Act. (e) Department of Defense Documentation.-- (1) In general.--The Department of Defense and the National Guard, as applicable, shall provide-- (A) to each individual who is discharged or released from active duty in the Armed Forces of the United States on or after the date of the enactment of this Act; and (B) to each member of the National Guard who is released from duty described in section 51(d)(3)(B)(iii) of the Internal Revenue Code of 1986 (as added by this Act) on or after the date of the enactment of this Act; in addition to the documentation which, without regard to this subsection, is provided at the time of such discharge or release, documentation described in paragraph (4). If the documentation which is provided without regard to this subsection at the time of the discharge or release described in the preceding sentence does not include information sufficient to satisfy the requirements of section 51(d)(13)(D)(i) of the Internal Revenue Code of 1986 (as added by this Act), the Department of Defense or the National Guard, whichever is applicable, shall provide additional documentation which includes such information. (2) Informational briefing.--In the case of an individual who is discharged or released from duty described in subparagraph (A) or (B) of paragraph (1) after the date of the enactment of this Act, the Department of Defense or the National Guard, whichever is applicable, shall provide a briefing to such individual before or at the time of such discharge or release to inform such individual of the credit for employment of recently discharged veterans under section 51 of the Internal Revenue Code of 1986. (3) Request for documentation.--The Department of Defense or the National Guard, whichever is applicable, shall provide upon request the documentation described in paragraph (1) to any individual who is discharged or released from duty described in subparagraph (A) or (B) of paragraph (1) during the 5-year period preceding and including the date of the enactment of this Act. (4) Instructions for use of work opportunity credit.--The documentation described in this paragraph is a document which includes-- (A) instructions for an individual to ensure treatment as a recently discharged veteran for purposes of section 51(d)(3)(B) of the Internal Revenue Code of 1986 (as added by this Act), (B) instructions for employers detailing the use of the credit under such section 51 with respect to such individual, and (C) the dates during which the credit under such section 51 is available. Such instructions shall be developed in collaboration with the Internal Revenue Service.

Veteran Employment Transition Act of 2010 - Amends the Internal Revenue Code to revise the definition of "qualified veteran" for purposes of the work opportunity tax credit to mean recently discharged veterans and disadvantaged veterans. Defines "recently discharged veteran" to mean: (1) any individual who has served on active duty (other than active duty for training) in the Armed Forces for more than 180 total days (whether consecutive or not); (2) any individual who has been discharged or released from active duty for a service-connected disability; and (3) any member of the National Guard who has served for more than 180 total days (whether consecutive or not) in active duty, full-time National Guard duty, or duty in state status. Defines "disadvantaged veteran" as any veteran who is certified as being a member of a family receiving assistance under a supplemental nutrition assistance program and is entitled to compensation for a service-connected disability. Requires the Department of Defense (DOD) and the National Guard to inform military personnel who are discharged or released from active duty of the work opportunity tax credit and provide them with documentation relating to eligibility for and use of such credit.

To amend the Internal Revenue Code of 1986 to extend the work opportunity credit to certain recently discharged veterans.

SECTION 1. CONSIDERATIONS IN THE APPROVAL OF H-2A PETITIONS. Section 218(a) (8 U.S.C. 1188(a)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) In considering an employer's petition for admission of H-2A aliens, the Attorney General shall consider the certification decision of the Secretary of Labor and shall consider any countervailing evidence submitted by the employer with respect to the nonavailability of United States workers and the employer's compliance with the requirements of this section, and may consult with the Secretary of Agriculture.''. SEC. 2. CONDITION FOR DENIAL OF LABOR CERTIFICATION. Section 218(b)(4) (8 U.S.C. 1188(b)(4)) of the Immigration and Nationality Act is amended to read as follows: ``(4) Determination by the secretary.--The Secretary determines that the employer has not filed a job offer for the position to be filled by the alien with the appropriate local office of the State employment security agency having jurisdiction over the area of intended employment, or with the State office of such an agency if the alien will be employed in an area within the jurisdiction of more than one local office of such an agency, which meets the criteria of paragraph (5). ``(5) Required terms and conditions of employment.--The Secretary determines that the employer's job offer does not meet one or more of the following criteria: ``(A) Required rate of pay.--The employer has offered to pay H-2A aliens and all other workers in the occupation in the area of intended employment an adverse effect wage rate of not less than the median rate of pay for similarly employed workers in the area of intended employment. ``(B) Provision of housing.-- ``(i) In general.--The employer has offered to provide housing to H-2A aliens and those workers not reasonably able to return to their residence within the same day, without charge to the worker. The employer may, at the employer's option, provide housing meeting applicable Federal standards for temporary labor camps, or provide rental or public accommodation type housing which meets applicable local or state standards for such housing. ``(ii) Housing allowance as alternative.-- In lieu of offering the housing required in clause (i), the employer may provide a reasonable housing allowance to workers not reasonably able to return to their place of residence within the same day, but only if the Secretary determines that housing is reasonably available within the approximate area of employment. An employer who offers a housing allowance pursuant to this subparagraph shall not be deemed to be a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) merely by virtue of providing such housing allowance. ``(iii) Special housing standards for short duration employment.-- The Secretary shall promulgate special regulations permitting the provision of short-term temporary housing for workers employed in occupations in which employment is expected to last 40 days or less. ``(iv) Transitional period for provision of special housing standards in other employment.--For a period of five years after the date of enactment of this section, the Secretary shall approve the provision of housing meeting the standards described in clause (iii) in occupations expected to last longer than 40 days in areas where available housing meeting the criteria described in subparagraph (i) is found to be insufficient. ``(v) Preemption of state and local standards.--The standards described in clauses (ii) and (iii) shall preempt any State and local standards governing the provision of temporary housing to agricultural workers. ``(C) Reimbursement of transportation costs.--The employer has offered to reimburse H-2A aliens and workers recruited from beyond normal commuting distance the most economical common carrier transportation charge and reasonable subsistence from the place from which the worker comes to work for the employer, (but not more than the most economical common carrier transportation charge from the worker's normal place of residence) if the worker completes 50 percent of the anticipated period of employment. If the worker recruited from beyond normal commuting distance completes the period of employment, the employer will provide or pay for the worker's transportation and reasonable subsistence to the worker's next place of employment, or to the worker's normal place of residence, whichever is less. ``(D) Guarantee of employment.--The employer has offered to guarantee the worker employment for at least three-fourths of the workdays of the employer's actual period of employment in the occupation. Workers who abandon their employment or are terminated for cause shall forfeit this guarantee. ``(6) Preference for united states workers.--The employer has not assured on the application that the employer will provide employment to all qualified United States workers who apply to the employer and assure that they will be available at the time and place needed until the time the employer's foreign workers depart for the employer's place of employment (but not sooner than 5 days before the date workers are needed), and will give preference in employment to United States workers who are immediately available to fill job opportunities that become available after the date work in the occupation begins.''. SEC. 3. SPECIAL RULES APPLICABLE TO THE ISSUANCE OF LABOR CERTIFICATIONS. Section 218(c) (8 U.S.C. 1188(c)) of the Immigration and Nationality Act is amended to read as follows: ``(c) Special Rules Applicable to the Issuance of Labor Certifications.--The following rules shall apply to the issuance of labor certifications by the Secretary under this section: ``(1) Deadline for filing applications.--The Secretary may not require that the application be filed more than 40 days before the first date the employer requires the labor or services of the H-2A worker. ``(2) Notice within seven days of deficiencies.-- ``(A) The employer shall be notified in writing within seven calendar days of the date of filing, if the application does not meet the criteria described in subsection (b) for approval. ``(B) If the application does not meet such criteria, the notice shall specify the specific deficiencies of the application and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. ``(3) Issuance of certification.-- ``(A) The Secretary shall provide to the employer, not later than 20 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1)-- ``(i) with respect to paragraph (a)(1)(A) if the employer's application meets the criteria described in subsection (b), or a statement of the specific reasons why such certification cannot be made, and ``(ii) with respect to subsection (a)(1)(B), to the extent that the employer does not actually have, or has not been provided with the names, addresses and Social Security numbers of workers referred to the employer who are able, willing and qualified and have indicated they will be available at the time and place needed to perform such labor or services on the terms and conditions of the job offer approved by the Secretary. For each worker referred, the Secretary shall also provide the employer with information sufficient to permit the employer to contact the referred worker for the purpose of reconfirming the worker's availability for work at the time and place needed. ``(B) If, at the time the Secretary determines that the employer's job offer meets the criteria described in subsection (b) there are already unfilled job opportunities in the occupation and area of intended employment for which the employer is seeking workers, the Secretary shall provide the certification at the same time the Secretary approves the employer's job offer.''. SEC. 4. EXPEDITED APPEALS OF CERTAIN DETERMINATIONS. Section 218(e) (8 U.S.C 1188(e)) of the Immigration and Nationality Act is amended to read as follows: ``(e) Expedited Appeals of Certain Determinations.--The Secretary shall provide by regulation for an expedited procedure for the review of the nonapproval of an employer's job offer pursuant to subsection (c)(2) and of the denial of certification in whole or in part pursuant to subsection (c)(3) or, at the applicant's request, a de novo administrative hearing respecting the nonapproval or denial.''. SEC. 5. PROCEDURES FOR THE CONSIDERATION OF H-2A PETITIONS. Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended-- (1) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (2) by adding the following after subsection (e): ``(f) Procedures for the Consideration of H-2A Petitions.--The following procedures shall apply to the consideration of petitions by the Attorney General under this section: ``(1) Expedited processing of petitions.--The Attorney General shall provide an expedited procedure for the adjudication of petitions filed under this section, and the notification of visa-issuing consulates where aliens seeking admission under this section will apply for visas and/or ports of entry where aliens will seek admission under this section within 15 calendar days from the date such petition is filed by the employer. ``(2) Expedited amendments to petitions.--The Attorney General shall provide an expedited procedure for the amendment of petitions to increase the number of workers on or after five days before the employers date of need for the labor or services involved in the petition to replace referred workers whose continued availability for work at the time and place needed under the terms of the approved job offer can not be confirmed and to replace referred workers who fail to report for work on the date of need and replace referred workers who abandon their employment or are terminated for cause, and for which replacement workers are not immediately available pursuant to subsection (b)(6).''. SEC. 6. LIMITATION ON EMPLOYER LIABILITY. Section 218(g) (8 U.S.C. 1188(g)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (2)(A); and (2) by inserting after paragraph (2)(A) the following: ``(B) No employer shall be subject to any liability or punishment on the basis of an employment action or practice by such employer that conforms with the terms and conditions of a job offer approved by the Secretary pursuant to this section, unless and until the employer has been notified that such certification has been amended or invalidated by a final order of the Secretary or of a court of competent jurisdiction.''. SEC. 7. LIMITATION ON JUDICIAL REMEDIES. Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end thereof the following: ``(3) No court of the United States shall have jurisdiction to issue any restraining order or temporary or permanent injunction preventing or delaying the issuance by the Secretary of a certification pursuant to this section, or the approval by the Attorney General of a petition to import an alien as an H- 2A worker, or the actual importation of any such alien as an H- 2A worker following such approval by the Attorney General.''.

Amends the Immigration and Nationality Act to revise the temporary agricultural worker (H-2A visa) program with respect to: (1) H-2A petition considerations and approvals; (2) labor certification denial; (3) reduction in deadline filing; (4) expedited appeal of certain decisions; and (5) limitations on employer liability and judicial remedies.

A bill to amend the Immigration and Nationality Act with respect to the admission of temporary H-2A workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Elections Act of 2010''. SEC. 2. FOREIGN NATIONALS PROHIBITED FROM MAKING CONTRIBUTIONS, DONATIONS, OR EXPENDITURES IN CONNECTION WITH A FEDERAL, STATE, OR LOCAL ELECTION. Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``or'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(3) any corporation (other than a foreign principal described in paragraph (1)) under foreign control or substantial foreign influence, including a corporation in which-- ``(A) a foreign principal or an individual described in paragraph (2)-- ``(i) provided the corporation a majority of its gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year; ``(ii) controls 20 percent or more of the voting shares of the corporation; ``(iii) controls a majority of the Board of Directors of the corporation; or ``(iv) has the power to direct, dictate, control, or directly or indirectly participate in the decisionmaking process of the corporation with respect to activities in connection with a Federal, State, or local election, such as a decision concerning-- ``(I) the making of a contribution, donation, expenditure, or disbursement in connection with such an election; or ``(II) the administration of a political committee; or ``(B) 2 or more foreign principals or individuals described in paragraph (2), in the aggregate-- ``(i) provided the corporation a majority of its gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year; ``(ii) control 25 percent or more of the voting shares of the corporation; or ``(iii) control a majority of the Board of Directors of the corporation.''; and (2) by adding at the end the following new subsection: ``(c) Certification of Compliance.--A corporation shall, prior to carrying out any activity described in subsection (a), certify (in a form and manner specified by the Commission) that the corporation is in compliance with this section.''. SEC. 3. DISCLOSURE OF INFLUENCE OF FOREIGN NATIONALS IN CONNECTION WITH A FEDERAL, STATE, OR LOCAL ELECTION. Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is amended-- (1) in subsection (a)(3)-- (A) by striking ``shall clearly state the name'' and inserting ``shall clearly state-- ``(A) the name''; (B) in subparagraph (A), as added by subparagraph (A), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(B) if the person who paid for the communication is a corporation, the percentage of voting shares of the corporation that are controlled by a foreign national (as defined in section 319(b)) or, if no such shares exist, the percentage of gross receipts that the corporation received from a foreign national (as so defined) in the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year.''; and (2) in subsection (d)(2)-- (A) by striking ``others.--Any communication'' and inserting ``others.-- ``(A) In general.--Any communication''; and (B) by adding at the end the following new subparagraph: ``(B) Supplemental audio statements by corporations.-- ``(i) Corporations with voting stock.--If the person who paid for a communication described in paragraph (3) of subsection (a) is a corporation that has voting stock, such communication shall include, in addition to the requirements of that paragraph and the audio statement required under subparagraph (A), in a clearly spoken manner, the following audio statement: `` _______ of our corporation is controlled by foreign nationals.'' (With the blank to be filled in with the percentage of voting shares of the corporation that is owned by foreign nationals, as defined in section 319(b)). ``(ii) Corporations without voting stock.-- If the person who paid for a communication described in paragraph (3) of subsection (a) is a corporation that does not have voting stock, such communication shall include, in addition to the requirements of that paragraph and the audio statement required under subparagraph (A), in a clearly spoken manner, the following audio statement: `` _______ of our organization's funds come from foreign nationals.'' (With the blank to be filled in with the percentage of gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established the current fiscal year, that the corporation received from a foreign national, as defined in section 319(b)). ``(iii) Transmission through television.-- The second sentence of subparagraph (A) shall apply to a supplemental audio statement under this paragraph in the same manner as such sentence applies to an audio statement under such subparagraph.''. SEC. 4. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. SEC. 5. EFFECTIVE DATE. The provisions of and amendments made by this Act shall apply with respect to contributions and expenditures made on or after the date that is 45 days after the date of enactment of this Act.

American Elections Act of 2010 - Amends the Federal Election Campaign Act of 1971 to: (1) apply to any domestic corporation under foreign control or specified substantial foreign influence the ban on contributions and expenditures by foreign nationals in connection with a federal, state, or local election; and (2) require disclosure in certain print or broadcast communications paid for by a coporation the percentage of corporate voting shares controlled by a foreign national, or, if no such shares exist, the percentage of gross receipts that the corporation received from a foreign national in the immediately preceding fiscal year or current pro-rated fiscal year. Requires any such broadcast communications paid for by a corporation to include an audio statement on the percentage of the corporation's shares controlled by, or of its funds that come from, foreign nationals.

A bill to amend the Federal Election Campaign Act of 1971 to protect Federal, State, and local elections from the influence of foreign nationals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for Democracy Act''. SEC. 2. CIVIC EDUCATION. Part F of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8141 et seq.) is amended to read as follows: ``PART F--CIVIC EDUCATION ``SEC. 10601. SHORT TITLE. ``This part may be cited as the `Education for Democracy Act'. ``SEC. 10602. FINDINGS. ``The Congress finds that-- ``(1) college freshmen surveyed in 1997 by the Higher Education Research Institute at the University of California at Los Angeles demonstrated higher levels of disengagement, both academically and politically, than any previous entering class of students; ``(2) college freshmen in 1997 demonstrated the lowest levels of political interest in the 20-year history of surveys conducted by the Higher Education Research Institute at the University of California at Los Angeles; ``(3) United States secondary school students expressed relatively low levels of interest in politics and economics in a 1999 Harris survey; ``(4) the 28th Annual Phi Delta Kappa/Gallup Poll in 1996 indicated that American citizens believe that the Nation's schools, apart from providing a basic education, had a very important role to play in preparing students to be responsible citizens; ``(5) Americans surveyed by the Organization of Economic Cooperation and Development indicated that only 59 percent had confidence that schools have a major effect on the development of good citizenship; ``(6) teachers too often do not have sufficient expertise in the subjects that they teach, and half of all secondary school history students in America are being taught by teachers with neither a major nor a minor in history; ``(7) secondary school students correctly answered less than half of the questions on a national test of economic knowledge in a 1999 Harris survey; ``(8) the most recent National Assessment of Educational Progress indicated that students have only superficial knowledge of, and lacked a depth of understanding regarding, civics; ``(9) civic and economic education are important not only to developing citizenship competencies in the United States but also are critical to supporting political stability and economic health in other democracies, particularly emerging democratic market economies; ``(10) international education exchange programs in civic and economic education have been shown to enhance both educational reform efforts in other democracies and educational quality in United States classrooms; ``(11) more than three quarters of Americans surveyed by the National Constitution Center in 1997 admitted that they knew only some or very little about the Constitution of the United States; and ``(12) the Constitution of the United States is too often viewed within the context of history and not as a living document that shapes current events. ``SEC. 10603. PURPOSE. ``It is the purpose of this part-- ``(1) to improve the quality of civics and government education, and to enhance the attainment of the third and sixth National Education Goals, by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; ``(2) to foster civic competence and responsibility; and ``(3) to improve the quality of civic education and economic education through cooperative civic education and economic education exchange programs with other democratic nations. ``SEC. 10604. GENERAL AUTHORITY. ``(a) Grants and Contracts.-- ``(1) In general.--The Secretary is authorized to award grants to or enter into contracts with-- ``(A) the Center for Civic Education to carry out civic education activities under sections 10605 and 10606; and ``(B) the National Council on Economic Education to carry out economic education activities under section 10606. ``(2) Consultation.--The Secretary shall award the grants and contracts under section 10606 in consultation with the Secretary of State. ``(b) Distribution.--The Secretary shall use not more than 50 percent of the amount appropriated under section 10607(b) for each fiscal year to carry out economic education activities under section 10606. ``SEC. 10605. WE THE PEOPLE PROGRAM. ``(a) The Citizen and the Constitution.-- ``(1) In general.--The Center for Civic Education shall use funds awarded under section 10604(a)(1)(A) to carry out The Citizen and the Constitution program in accordance with this subsection. ``(2) Educational activities.--The Citizen and the Constitution program-- ``(A) shall continue and expand the educational activities of the `We the People . . . The Citizen and the Constitution' program administered by the Center for Civic Education; ``(B) shall enhance student attainment of challenging content standards in civics and government; and ``(C) shall provide-- ``(i) a course of instruction on the basic principles of our Nation's constitutional democracy and the history of the Constitution of the United States and the Bill of Rights; ``(ii) at the request of a participating school, school and community simulated congressional hearings following the course of study; ``(iii) an annual national competition of simulated congressional hearings for secondary school students who wish to participate in such a program; ``(iv) advanced training of teachers about the Constitution of the United States and the political system the United States created; ``(v) materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and ``(vi) civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. ``(3) Availability of program.--The education program authorized under this subsection shall be made available to public and private elementary schools and secondary schools, including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(b) Project Citizen.-- ``(1) In general.--The Center for Civic Education shall use funds awarded under section 10604(a)(1)(A) to carry out The Project Citizen program in accordance with this subsection. ``(2) Educational activities.--The Project Citizen program-- ``(A) shall continue and expand the educational activities of the `We the People . . . Project Citizen' program administered by the Center for Civic Education; ``(B) shall enhance student attainment of challenging content standards in civics and government; and ``(C) shall provide-- ``(i) a course of instruction at the middle school level on the roles of State and local governments in the Federal system established by the Constitution of the United States; ``(ii) optional school and community simulated State legislative hearings; ``(iii) an annual national showcase or competition; ``(iv) advanced training of teachers on the roles of State and local governments in the Federal system established by the Constitution of the United States; ``(v) materials and methods of instruction, including teacher training, that utilize the latest advancements in educational technology; and ``(vi) civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. ``(3) Availability of program.--The education program authorized under this subsection shall be made available to public and private middle schools, including Bureau funded schools, in the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(c) Definition of Bureau Funded School.--In this section the term `Bureau funded school' has the meaning given the term in section 1146 of the Education Amendments of 1978. ``SEC. 10606. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS. ``(a) Cooperative Education Exchange Programs.--The Center for Civic Education and the National Council on Economic Education shall use funds awarded under section 10604(a)(1) to carry out Cooperative Education Exchange programs in accordance with this section. ``(b) Purpose.--The purpose of the Cooperative Education Exchange programs provided under this section shall be to-- ``(1) make available to educators from eligible countries exemplary curriculum and teacher training programs in civics and government education, and economics education, developed in the United States; ``(2) assist eligible countries in the adaptation, implementation, and institutionalization of such programs; ``(3) create and implement civics and government education, and economic education, programs for students that draw upon the experiences of the participating eligible countries; ``(4) provide a means for the exchange of ideas and experiences in civics and government education, and economic education, among political, educational, governmental, and private sector leaders of participating eligible countries; and ``(5) provide support for-- ``(A) research and evaluation to determine the effects of educational programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and ``(B) effective participation in and the preservation and improvement of an efficient market economy. ``(c) Avoidance of Duplication.--The Secretary shall consult with the Secretary of State to ensure that-- ``(1) activities under this section are not duplicative of other efforts in the eligible countries; and ``(2) partner institutions in the eligible countries are creditable. ``(d) Activities.--The Cooperative Education Exchange programs shall-- ``(1) provide eligible countries with-- ``(A) seminars on the basic principles of United States constitutional democracy and economics, including seminars on the major governmental and economic institutions and systems in the United States, and visits to such institutions; ``(B) visits to school systems, institutions of higher education, and nonprofit organizations conducting exemplary programs in civics and government education, and economic education, in the United States; ``(C) translations and adaptations regarding United States civic and government education, and economic education, curricular programs for students and teachers, and in the case of training programs for teachers translations and adaptations into forms useful in schools in eligible countries, and joint research projects in such areas; ``(D) research and evaluation assistance to determine-- ``(i) the effects of the Cooperative Education Exchange programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and ``(ii) effective participation in and the preservation and improvement of an efficient market economy; ``(2) provide United States participants with-- ``(A) seminars on the histories, economies, and systems of government of eligible countries; ``(B) visits to school systems, institutions of higher education, and organizations conducting exemplary programs in civics and government education, and economic education, located in eligible countries; ``(C) assistance from educators and scholars in eligible countries in the development of curricular materials on the history, government, and economy of such countries that are useful in United States classrooms; ``(D) opportunities to provide onsite demonstrations of United States curricula and pedagogy for educational leaders in eligible countries; and ``(E) research and evaluation assistance to determine-- ``(i) the effects of the Cooperative Education Exchange programs on students' development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and ``(ii) effective participation in and improvement of an efficient market economy; and ``(3) assist participants from eligible countries and the United States to participate in international conferences on civics and government education, and economic education, for educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers. ``(e) Participants.--The primary participants in the Cooperative Education Exchange programs assisted under this section shall be educational leaders in the areas of civics and government education, and economic education, including curriculum and teacher training specialists, scholars in relevant disciplines, and educational policymakers, and government and private sector leaders from the United States and eligible countries. ``(f) Definition.--For the purpose of this section, the term `eligible country' means a Central European country, an Eastern European country, Lithuania, Latvia, Estonia, the independent states of the former Soviet Union as defined in section 3 of the FREEDOM Support Act (22 U.S.C. 5801), and may include the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined in section 209(d) of the Education for the Deaf Act. ``SEC. 10607. AUTHORIZATION OF APPROPRIATIONS. ``(a) Section 10605.--There are authorized to be appropriated to carry out section 10605, $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the fiscal years 2001 through 2004. ``(b) Section 10606.--There are authorized to be appropriated to carry out section 10606, $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of the fiscal years 2001 through 2004.''. SEC. 3. REPEAL. Title VI of the Goals 2000: Educate America Act (20 U.S.C. 5951 et seq.) is repealed.

(Sec. 2) Authorizes the Secretary of Education to make grants to or contracts with: (1) the Center for Civic Education (CCE) to carry out civic education activities under the We the People... The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange programs; and (2) the National Council on Economic Education (NCEE) to carry out economic education activities under Cooperative Educational Exchange programs. Revises requirements for CCE implementation of the We the People... The Citizen and the Constitution program and The Project Citizen program. Sets forth requirements for the Cooperative Educational Exchange programs of civic education by CCE and economic education by NCEE. Makes eligible for such programs Central European countries, an Eastern European country, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union. Allows such program eligibility also for the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined under the Education for the Deaf Act. Authorizes appropriations through FY 2004 for: (1) the We the People... The Citizen and the Constitution program and The Project Citizen program; and (2) the Cooperative Educational Exchange programs. (Sec. 3) Repeals title VI (International Education Program) of the Goals 2000: Educate America Act.

Education for Democracy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Access to Affordable Pharmaceuticals Act'' or the ``GAAP Act of 2000''. SEC. 2. NEW DRUG APPLICATIONS. (a) Limitations on the Use of Patents To Prevent Approval of Abbreviated New Drug Applications.--Section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``the drug for which such investigations were conducted or which claims a use for such drug for which the applicant is seeking approval under this subsection'' and inserting ``an active ingredient of the drug for which such investigations were conducted, alone or in combination with another active ingredient or which claims the first approved use for such drug for which the applicant is seeking approval under this subsection''; and (B) in clause (iv), by striking ``; and'' and inserting a period; (2) in the matter preceding subparagraph (A), by striking ``shall also include--'' and all that follows through ``a certification'' and inserting ``shall also include a certification''; (3) by striking subparagraph (B); and (4) by redesignating clauses (i) through (iv) as subparagraphs (A) through (D), respectively, and aligning the margins of the subparagraphs with the margins of subparagraph (A) of section 505(c)(1) of that Act (21 U.S.C. 355(c)(1)). (b) Abbreviated New Drug Applications.--Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended-- (1) in clause (vi), by striking the semicolon and inserting ``; and''; and (2) in clause (vii)-- (A) in the matter preceding subclause (I), by striking ``the listed drug referred to in clause (i) or which claims a use for such listed drug for which the applicant is seeking approval under this subsection'' and inserting ``an active ingredient of the listed drug referred to in clause (i), alone or in combination with another active ingredient or which claims the first approved use for such drug for which the applicant is seeking approval under this subsection''; (B) in subclause (IV), by striking ``; and'' and inserting a period; and (C) by striking clause (viii). (c) Effective Date.--The amendments made by this section shall only be effective with respect to a listed drug for which no certification pursuant to section 505(j)(2)(A)(vii)(IV) of the Federal Food, Drug, Cosmetic Act was made prior to the date of enactment of this Act. SEC. 3. CITIZEN PETITION REVIEW. Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) Notwithstanding any other provision of law, the submission of a citizen's petition filed pursuant to section 10.30 of title 21, Code of Federal Regulations, with respect to an application submitted under paragraph (2)(A), shall not cause the Secretary to delay review and approval of such application, unless such petition demonstrates through substantial scientific proof that approval of such application would pose a threat to public health and safety.''. SEC. 4. BIOEQUIVALENCE TESTING METHODS. Section 505(j)(8)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(8)(B)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(iii) the effects of the drug and the listed drug do not show a significant difference based on tests (other than tests that assess rate and extent of absorption), including comparative pharmacodynamic studies, limited confirmation studies, or in vitro methods, that demonstrate that no significant differences in therapeutic effects of active or inactive ingredients are expected.''. SEC. 5. ACCELERATED GENERIC DRUG COMPETITION. (a) In General.--Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended-- (1) in subparagraph (B)(iv), by striking subclause (II) and inserting the following: ``(II) the date of a final decision of a court in an action described in clause (ii) from which no appeal can or has been taken, or the date of a settlement order or consent decree signed by a Federal judge, that enters a final judgement, and includes a finding that the relevant patents that are the subject of the certification involved are invalid or not infringed, whichever is earlier,''; (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (3) by inserting after subparagraph (B), the following: ``(C) The one-hundred and eighty day period described in subparagraph (B)(iv) shall become available to the next applicant submitting an application containing a certification described in paragraph (2)(A)(vii)(IV) if the previous applicant fails to commence commercial marketing of its drug product once its application is made effective, withdraws its application, or amends the certification from a certification under subclause (IV) to a certification under subclause (III) of such paragraph, either voluntarily or as a result of a settlement or defeat in patent litigation.''. (b) Effective Date.--The amendments made by this section shall only be effective with respect to an application filed under section 505(j) of the Federal Food, Drug, Cosmetic Act for a listed drug for which no certification pursuant to 505(j)(2)(A)(vii)(IV) of such Act was made prior to the date of enactment of this Act. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 (referred to in this section as the ``Hatch- Waxman Act'') to make generic drugs more available and accessible, and thereby reduce health care costs, including measures that require manufacturers of a drug for which an application is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 255(c)) desiring to extend a patent of such drug to utilize the patent extension procedure provided under the Hatch-Waxman Act. SEC. 7. CONFORMING AMENDMENTS. (a) Applications.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended-- (1) in subsection (b)(3), in subparagraphs (A) and (C), by striking ``paragraph (2)(A)(iv)'' and inserting ``paragraph (2)''; (2) in subsection (c)(3)-- (A) in subparagraph (A), by striking ``clause (i) or (ii) of subsection (b)(2)(A)'' and inserting ``subparagraph (A) or (B) of subsection (b)(2)''; (B) in subparagraph (B), by striking ``clause (iii) of subsection (b)(2)(A)'' and all that follows through the period and inserting ``subparagraph (C) of subsection (b)(2), the approval may be made effective on the date certified under subparagraph (C).''; (C) in subparagraph (C), by striking ``clause (iv) of subsection (b)(2)(A)'' and inserting ``subparagraph (D) of subsection (b)(2)''; and (D) in subparagraph (D)(ii), by striking ``clause (iv) of subsection (b)(2)(A)'' and inserting ``subparagraph (D) of subsection (b)(2)''; and (3) in subsection (j), in paragraph (2)(A), in the matter following clause (vii)(IV), by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (vii)''. (b) Pediatric Studies of Drugs.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended-- (1) in subsection (a)(2)-- (A) in clause (i) of subparagraph (A), by striking ``(b)(2)(A)(ii)'' and inserting ``(b)(2)''; (B) in clause (ii) of subparagraph (A), by striking ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and (C) in subparagraph (B), by striking ``subsection (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''; and (2) in subsection (c)(2)-- (A) in clause (i) of subparagraph (A), by striking ``(b)(2)(A)(ii)'' and inserting ``(b)(2)''; (B) in clause (ii) of subparagraph (A), by striking ``(b)(2)(A)(iii)'' and inserting ``(b)(2)''; and (C) in subparagraph (B), by striking ``subsection (b)(2)(A)(iv)'' and inserting ``subsection (b)(2)''. (c) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(kk) For purposes of the references to court decisions in clauses (i) and (iii) of section 505(c)(3)(C) and clauses (iii)(I), (iii)(III) of section 505(j)(5)(B), the term `the court' means the court that enters final judgment from which no appeal (not including a writ of certiorari) can or has been taken.''.

States that the filing of a citizen petition review shall not cause the Secretary of Health and Human Services to delay review and approval of an abbreviated new drug application unless the petition demonstrates through substantial scientific proof that approval would pose a threat to public health and safety. Allows a drug to be considered a bioequivalent to a listed drug if the effects of such drug and the listed drug do not show a significant difference based on certain tests or studies. Provides for an accelerated date of approval of a generic drug application. Expresses the sense of Congress that measures should be taken to effectuate the purpose of the Drug Price Competition and Patent Term Restoration Act of 1984 to make generic drugs more available and accessible, thereby reducing health care costs.

GAAP Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water System Adaptation Partnerships Act of 2009''. SEC. 2. WATER SYSTEM ADAPTATION PARTNERSHIPS. (a) Grants.--Beginning in fiscal year 2010, the Administrator of the Environmental Protection Agency shall make grants to water systems to assist in planning, designing, constructing, implementing, or maintaining any program, strategy, or infrastructure improvement-- (1) to conserve water or increase water use efficiency; (2) to carry out water metering to measure water efficiency effectiveness of a water efficiency program; (3) to preserve or improve water quality; (4) to enhance water management by increasing source water preservation and protection, or natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (5) to increase energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) to support the adoption and use of advanced water treatment, water supply management, or water demand management technologies or processes (such as those used in water reuse and recycling or adaptive conservation pricing) that maintain or increase water supply or improve water quality; (7) to complete studies or assessments to project how climate change may impact the future operations and sustainability of the water system; or (8) to carry out any other activity or project to address any ongoing or forecasted, based on the best available research and data, climate-related impact on the water quality or quantity of a region of the United States that increases the resiliency of a water system to the impacts of climate change. (b) Application.--To be eligible to receive a grant from the Administrator under subsection (a), the owner or operator of a water system shall-- (1) submit to the Administrator an application that includes a proposal of the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (2) cite the best available research or data that describes-- (A) the risk to the system's water resources or infrastructure as a result of ongoing or forecasted changes to the hydrological system brought about by factors arising from global climate change; and (B) how the proposed program, strategy, or infrastructure improvement would perform under the anticipated climate conditions; (3) explain how the proposed program, strategy, or infrastructure improvement is expected to increase the water system's resiliency to these risks or reduce the water system's direct or indirect greenhouse gas emissions; and (4) demonstrate the consistency of the program, strategy, or infrastructure improvement with an applicable climate adaptation plan completed and adopted by a State. (c) Competitive Process.--Each calendar year, the Administrator shall conduct a competitive process to select and fund applications under this section. In carrying out the process, the Administrator shall-- (1) give priority to applications that-- (A) are submitted by water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant climate-related negative impacts on water quality or quantity; (B) will impact the largest numbers of water users; and (C) will provide the greatest benefit per dollar expended; (2) solicit applications from water systems that are-- (A) located in all regions of the United States; and (B) facing varying risks as a result of climate change; and (3) provide for solicitation and consideration of public input in the development of criteria used in evaluating applications. (d) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to a water system under subsection (a) shall not exceed, in a single calendar year, 50 percent of the cost of the program, strategy, or infrastructure improvement. (2) Calculation of non-federal share.--In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system through an application submitted by the water system under subsection (b), the Administrator shall-- (A) include the value of any in-kind services that substantially contributes toward the completion of the program, strategy, or infrastructure improvement, as determined by the Administrator; and (B) not include any other amount that the water system receives from a Federal agency. (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate final regulations to carry out this section. (f) Report to Congress.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Administrator of the Environmental Protection Agency shall submit to the Congress a report on progress in implementing this section, including information on project applications received and funded annually. (g) Definitions.--In this section: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``water system'' means a community water system as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f), a treatment works as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292), a municipal separate storm sewer system (as defined by the Administrator), or a combined sewer system as defined in 402(q) of the Federal Water Pollution Control Act (33 U.S.C. 1342(q)). (h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.

Water System Adaptation Partnerships Act of 2009 - Directs the Administrator of the Environmental Protection Agency (EPA) to make grants to water systems to assist in planning, designing, constructing, implementing, or maintaining any program, strategy, or infrastructure improvement to: (1) conserve water or increase water use efficiency; (2) carry out water metering to measure water efficiency effectiveness of a water efficiency program; (3) preserve or improve water quality; (4) enhance water management by increasing source water preservation and protection, or natural or engineered green infrastructure, in the management, conveyance, or treatment of water, wastewater, or stormwater; (5) increase energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) support the adoption and use of advanced water treatment, water supply management, or water demand management technologies or processes that maintain or increase water supply or improve water quality; (7) complete studies or assessments to project how climate change may impact the future operations and sustainability of the water system; or (8) carry out any other activity or project to address any ongoing or forecasted climate-related impact on the water quality or quantity of a region of the United States that increases the resiliency of a water system to the impacts of climate change. Sets forth grant application requirements. Requires the Administrator to conduct a competitive process to select and fund applications, giving priority to applications that: (1) are submitted by water systems that are at the greatest and most immediate risk of facing significant climate-related negative impacts; (2) will impact the largest numbers of water users; and (3) will provide the greatest benefit per dollar expended. Limits the federal share to 50% of the cost.

To authorize the Administrator of the Environmental Protection Agency to establish water system adaptation partnerships.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Reinvestment Act''. SEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP. (a) Availability of Amounts.--Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended-- (1) in subsection (a) by striking ``For the purposes specified'' and all that follows through ``for the following purposes:'' and inserting the following: ``The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:''; and (2) in subsection (c)-- (A) by striking ``Subject to such amounts as are provided in appropriations Acts, the'' each place it appears and inserting ``The''; and (B) in paragraph (12) by striking ``to the extent that such costs'' and all that follows through ``and 1994''. (b) Amendment to the Internal Revenue Code.--Section 9507 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``appropriated to'' in subsection (a)(1) and inserting ``made available for''; (2) by striking ``appropriated'' in subsection (b) and inserting ``transferred''; (3) by striking ``, as provided in appropriations Acts,'' in subsection (c)(1); and (4) by striking ``December 31, 1995'' in subsection (d)(3)(B) and inserting ``December 31, 2024''. SEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUBSTANCE SUPERFUND. Notwithstanding any other provision of law, the receipts and disbursements of the Hazardous Substance Superfund established in section 9507 of the Internal Revenue Code of 1986-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President; (B) the congressional budget (including allocations of budget authority and outlays provided therein); (C) the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government; and (3) shall be available only for the purposes specified in section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611). SEC. 4. MODIFICATION OF SUPERFUND TAXES. (a) Hazardous Substance Superfund Financing Rate.-- (1) Extension.--Subsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of the Superfund Reinvestment Act and before January 1, 2025.''. (2) Adjustment for inflation.-- (A) Section 4611(c)(2)(A) of such Code is amended by striking ``9.7 cents'' and inserting ``16.3 cents''. (B) Section 4611(c) of such Code is amended by adding at the end the following: ``(3) Adjustment for inflation.-- ``(A) In general.--In the case of a year beginning after 2016, the amount in paragraph (2)(A) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01.''. (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.-- Section 4661(b) of such Code is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the ``In the case of: following amount per ton: ------------------------------------------------------------------------ Acetylene $11.35 Benzene 11.35 Butane 11.35 Butylene 11.35 Butadiene 11.35 Ethylene 11.35 Methane 8.02 Naphthalene 11.35 Propylene 11.35 Toluene 11.35 Xylene 11.35 Ammonia 6.15 Antimony 10.37 Antimony trioxide 8.74 Arsenic 10.37 Arsenic trioxide 7.95 Barium sulfide 5.36 Bromine 10.37 Cadmium 10.37 Chlorine 6.29 Chromium 10.37 Chromite 3.54 Potassium dichromate 3.94 Sodium dichromate 4.36 Cobalt 10.37 Cupric sulfate 4.36 Cupric oxide 8.37 Cuprous oxide 9.25 Hydrochloric acid 0.68 Hydrogen fluoride 9.86 Lead oxide 9.65 Mercury 10.37 Nickel 10.37 Phosphorus 10.37 Stannous chloride 6.64 Stannic chloride 4.94 Zinc chloride 5.17 Zinc sulfate 4.43 Potassium hydroxide 0.51 Sodium hydroxide 0.65 Sulfuric acid 0.61 Nitric acid 0.56. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a calendar year beginning after 2016, each of the amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01.''. (c) Corporate Environmental Income Tax Reinstated.-- (1) In general.--Subchapter A of chapter 1 of the such Code is amended by inserting after part VI the following: ``PART VII--ENVIRONMENTAL TAX ``SEC. 59A. ENVIRONMENTAL TAX. ``(a) Imposition of Tax.--In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.12 percent of the excess of-- ``(1) the modified alternative minimum taxable income of such corporation for the taxable year, over ``(2) $3,735,000. ``(b) Modified Alternative Minimum Taxable Income.--For purposes of this section, the term `modified alternative minimum taxable income' means alternative minimum taxable income (as defined in section 55(b)(2)) but determined without regard to-- ``(1) the alternative tax net operating loss deduction (as defined in section 56(d)), and ``(2) the deduction allowed under section 164(a)(5). ``(c) Exception for RICs and REITs.--The tax imposed by subsection (a) shall not apply to-- ``(1) a regulated investment company to which part I of subchapter M applies, and ``(2) a real estate investment trust to which part II of subchapter M applies. ``(d) Special Rules.-- ``(1) Short taxable years.--The application of this section to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Secretary. ``(2) Section 15 not to apply.--Section 15 shall not apply to the tax imposed by this section. ``(e) Adjustment for Inflation.-- ``(1) In general.--In the case of a taxable year beginning after 2016, the dollar amount in subsection (a)(2) shall be increased by an amount equal to-- ``(A) such 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, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(f) Application of Tax.--The tax imposed by this section shall apply to taxable years ending after the date of the enactment of the Superfund Reinvestment Act and beginning before January 1, 2025.''. (2) Conforming amendments.-- (A) Paragraph (2) of section 26(b) of such Code is amended by inserting after subparagraph (A) the following: ``(B) section 59A (relating to environmental tax),''. (B) Section 30A(c) of such Code is amended by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and by inserting before paragraph (2) (as so redesignated) the following: ``(1) section 59A (relating to environmental tax),''. (C) Subsection (a) of section 164 of such Code is amended by inserting after paragraph (4) the following: ``(5) The environmental tax imposed by section 59A.''. (D) Section 275(a) of such Code is amended by inserting at the end the following flush sentence: ``Paragraph (1) shall not apply to the tax imposed by section 59A.''. (E) Section 882(a)(1) of such Code is amended by inserting ``59A,'' after ``55,''. (F) Section 1561(a) of such Code is amended-- (i) by striking ``and'' at the end of paragraph (2), (ii) by striking the period at the end of paragraph (3) and inserting ``, and'', (iii) by inserting after paragraph (3) the following: ``(4) one dollar amount in effect under section 59A(a)(2) for the taxable year for purposes of computing the tax imposed by section 59A.'', and (iv) by striking ``and the amount specified in paragraph (3)'' and inserting ``, the amount specified in paragraph (3), and the amount specified in paragraph (4)''. (G) Section 6425(c)(1)(A) of such Code is amended by striking ``plus'' at end of clause (i), by inserting ``plus'' at the end of clause (ii), and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59A, over''. (H) Section 6655 of such Code is amended-- (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking ``taxable income and alternative minimum taxable income'' and inserting ``taxable income, alternative minimum taxable income, and modified alternative minimum taxable income'', (ii) in subsection (e)(2)(B), by inserting after clause (ii) the following: ``(iii) Modified alternative minimum taxable income.--The term `modified alternative minimum taxable income' has the meaning given to such term by section 59A(b).'', and (iii) in subsection (g)(1)(A), by striking ``plus'' at the end of clause (ii), by redesignating clause (iii) as clause (iv) and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59A, plus''. (I) Section 9507(b)(1) of such Code is amended by inserting ``59A,'' before ``4611''. (3) Clerical amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VI the following new item: ``Part VII. Environmental Tax''. (d) Clarification of Tar Sands as Crude Oil for Excise Tax Purposes.-- (1) In general.--Section 4612(a)(1) of such Code is amended to read as follows: ``(1) Crude oil.--The term `crude oil' includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale).''. (2) Technical amendment.--Section 4612(a)(2) of such Code is amended by striking ``from a well located''. (e) Technical Amendments.-- (1) Subsection (b) of section 4611 of such Code is amended-- (A) by striking ``or exported from'' in paragraph (1)(A); (B) by striking ``or exportation'' in paragraph (1)(B); and (C) by striking ``and Exportation'' in the heading thereof. (2) Paragraph (3) of section 4611(d) of such Code is amended-- (A) by striking ``or exporting the crude oil, as the case may be'' and inserting ``the crude oil''; and (B) by striking ``or exports'' in the heading thereof. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning after December 31, 2015. (2) Corporate environmental income tax.--The amendment made by section 4(c) shall apply to taxable years beginning after December 31, 2015. SEC. 5. APPLICABILITY. (a) In General.--Except as provided in section 4(f), this Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2015.

Superfund Reinvestment Act Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the use of amounts in the Hazardous Substance Superfund for environmental cleanup costs authorized by such Act. Provides that receipts and disbursements of the Hazardous Substance Superfund: (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus, for purposes of the President's budget, the congressional budget, the Balanced Budget and Emergency Deficit Control Act of 1985, or the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitations; and (3) shall be available only for the purposes specified in CERCLA. Amends the Internal Revenue Code to: (1) reinstate through December 31, 2024 and adjust for inflation annually after 2016, the Hazardous Substance Superfund financing rate and the corporate environmental income tax threshold amount; (2) extend the borrowing authority of the Superfund through 2024; and (3) modify the definition of "crude oil" for purposes of the excise tax on petroleum and petroleum products to include any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (tar sands), and any oil derived from kerogen-bearing sources (oil shale).

Superfund Reinvestment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Protection Program Act''. SEC. 2. VOLUNTARY PROTECTION PROGRAM. (a) Cooperative Agreements.--The Secretary of Labor shall establish a program of entering into cooperative agreements with employers to encourage the establishment of comprehensive safety and health management systems that include-- (1) requirements for systematic assessment of hazards; (2) comprehensive hazard prevention, mitigation, and control programs; (3) active and meaningful management and employee participation in the voluntary program described in subsection (b); and (4) employee safety and health training. (b) Voluntary Protection Program.-- (1) In general.--The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (2) Program requirements.--The voluntary protection program shall include the following: (A) Application.--Employers who volunteer under the program shall be required to submit an application to the Secretary of Labor demonstrating that the worksite with respect to which the application is made meets such requirements as the Secretary of Labor may require for participation in the program. (B) Onsite evaluations.--There shall be onsite evaluations by representatives of the Secretary of Labor to ensure a high level of protection of employees. The onsite visits shall not result in enforcement of citations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (C) Information.--Employers who are approved by the Secretary of Labor for participation in the program shall assure the Secretary of Labor that information about the safety and health program shall be made readily available to the Secretary of Labor to share with employees. (D) Reevaluations.--Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the program. (3) Monitoring.--To ensure proper controls and measurement of program performance for the voluntary protection program under this section, the Secretary of Labor shall direct the Assistant Secretary of Labor for Occupational Safety and Health to take the following actions: (A) Develop a documentation policy regarding information on follow-up actions taken by the regional offices of the Occupational Safety and Health Administration in response to fatalities and serious injuries at worksites participating in the voluntary protection program. (B) Establish internal controls that ensure consistent compliance by the regional offices of the Occupational Safety and Health Administration with the voluntary protection program policies of the Occupational Safety and Health Administration for conducting onsite reviews and monitoring injury and illness rates, to ensure that only qualified worksites participate in the program. (C) Establish a system for monitoring the performance of the voluntary protection program by developing specific performance goals and measures for the program. (4) Exemptions.--A site with respect to which a voluntary protection program has been approved shall, during participation in the program, be exempt from inspections or investigations and certain paperwork requirements to be determined by the Secretary of Labor, except that this paragraph shall not apply to inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases. (5) No payments required.--The Secretary of Labor shall not require any form of payment for an employer to qualify or participate in the voluntary protection program. (c) Transition.--The Secretary of Labor shall take such steps as may be necessary for the orderly transition from the cooperative agreements and voluntary protection programs carried out by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act, to the cooperative agreements and voluntary protection program authorized under this section. In making such transition, the Secretary shall ensure that-- (1) the voluntary protection program authorized under this section is based upon and consistent with the voluntary protection programs carried out on the day before the date of enactment of this Act; and (2) each employer that, as of the day before the date of enactment of this Act, had an active cooperative agreement under the voluntary protection programs carried out by the Occupational Safety and Health Administration and was in good standing with respect to the duties and responsibilities under such agreement, shall have the option to continue participating in the voluntary protection program authorized under this section. (d) Regulations and Implementation.--Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall issue final regulations for the voluntary protection program authorized under this section and shall begin implementation of the program. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary.

Voluntary Protection Program Act This bill provides statutory authority for the Occupational Safety and Health Administration's (OSHA's) voluntary protection program, under which management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system.

Voluntary Protection Program Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Restoration Tax Credit Act of 2005''. SEC. 2. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING COASTAL LANDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING COASTAL LANDS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified expenditures of the taxpayer for the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) for a taxable year shall not exceed $2,000,000. ``(2) Limitation based on amount of tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A and sections 27 and 30A for the taxable year. ``(c) Qualified Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified expenditures' means amounts paid or incurred by the taxpayer for an approved project. ``(2) Approved project.--The term `approved project' means any project approved by the Natural Resources Conservation Service to restore or protect coastal lands located in the United States. ``(d) Carryovers Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (c) for such taxable year (referred to as the `unused credit year' in this paragraph), such excess shall be allowed as a credit carryforward for each of the taxable years following the unused credit year or as a credit carryback for each of the taxable years preceeding the unused credit year. ``(2) Rules.--For purposes of paragraph (1), rules similar to the rules of section 39 shall apply, except that-- ``(A) subsection (a)(1) shall be applied-- ``(i) by substituting `3 taxable years' for `1 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `5 taxable years' for `20 taxable years' in subparagraph (B) thereof, and ``(B) subsection (a)(2) shall be applied-- ``(i) by substituting `8 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `7 taxable years' for `20 taxable years' in subparagraph (B). ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (b)(2)). ``(2) No double benefit.--The amount of any deduction or credit allowable under this chapter (other than the credit allowable under subsection (a)), shall be reduced by the amount of credit allowed under subsection (a) (determined without regard to subsection (b)(2)) for the taxable year. ``(3) Reduction for assistance.--The amount taken into account under subsection (a) with respect to any project shall be reduced by the amount of any Federal, State, or local grant or other assistance received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified expenditures and which was not included in the gross income of such taxpayer.''. (b) Basis Adjustment.--Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 30B(e)(1).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Credit for expenses incurred in restoring and protecting coastal lands.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Coastal Restoration Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for expenditures related to any project approved by the Natural Resources Conservation Service to restore or protect coastal lands in the United States.

To amend the Internal Revenue Code of 1986 to provide a credit against the income tax for expenses incurred in restoring and protecting coastal lands.

SECTION 1. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (50-percent exclusion for gain from certain small business stock) is amended-- (A) by striking ``50 percent'' and inserting ``75 percent'', and (B) by striking ``50-Percent'' in the heading and inserting ``75-Percent''. (2) Conforming amendments.-- (A) Paragraph (8) of section 1(h) of such Code is amended to read as follows: ``(8) Section 1202 gain.--For purposes of this subsection, the term `section 1202 gain' means an amount equal to 25 percent of the gain which would be excluded from gross income under section 1202(a) without regard to the 75 percent limitation in such section.'' (B) The heading for section 1202 of such Code is amended by striking ``50-percent'' and inserting ``75- percent''. (C) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking ``50-percent'' in the item relating to section 1202 and inserting ``75-percent''. (b) Reduction in Holding Period.-- (1) In general.--Subsection (a) of section 1202 of such Code is amended by striking ``5 years'' and inserting ``3 years''. (2) Conforming amendment.--Subsections (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (c) Exclusion Available to Corporations.-- (1) In general.--Subsection (a) of section 1202 of such Code is amended by striking ``other than a corporation''. (2) Technical amendment.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock of a member of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall not be treated as qualified small business stock while held by another member of such group.'' (d) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of such Code (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (e) Stock of Larger Businesses Eligible for Exclusion.-- (1) In general.--Paragraph (1) of section 1202(d) of such Code (defining qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$300,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code is amended by adding at the end the following: ``(4) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 1999, the $300,000,000 amount contained in paragraph (1) 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, determined by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is amended by striking subsection (b). (g) Other Modifications.-- (1) Repeal of working capital limitation.--Section 1202(e)(6) of such Code (relating to working capital) is amended-- (A) in subparagraph (B), by striking ``2 years'' and inserting ``5 years''; and (B) by striking the last sentence. (2) Exception from redemption rules where business purpose.--Section 1202(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.'' (h) Qualified Trade or Business.--Section 1202(e)(3) of such Code (defining qualified trade or business) is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section apply to stock issued after the date of enactment of this Act. (2) Special rule.--The amendments made by subsections (a), (c), (e), (f), and (g)(1) apply to stock issued after August 10, 1993. SEC. 2. INCREASED EXCLUSION FOR INCENTIVE STOCK OPTIONS; EXCEPTION FROM ALTERNATIVE MINIMUM TAX. (a) Increased Exclusion.--Subsection (d) of section 422 of the Internal Revenue Code of 1986 (relating to $100,000 per year limitation) is amended by striking ``$100,000'' each place it appears and inserting ``$200,000''. (b) Exception From Alternative Minimum Tax.--Subsection (b) of section 56 of such Code is amended by striking paragraph (3). (c) Effective Date.--The amendments made by this section shall apply to options exercised in calendar years beginning after the date of the enactment of this Act.

Amends Internal Revenue Code provisions concerning the exclusion of gain from certain small business stock to, among other things: (1) increase from 50 to 75 percent the amount of gain excluded from the sale certain small business stock; (2) reduce from five to three years the holding period applicable to such a sale; (3) make such exclusion available to corporations; and (4) make the stock of larger businesses eligible. Doubles the annual limitation on incentive stock options.

To amend the Internal Revenue Code of 1986 to expand the exclusion for qualified small business stock, to increase the annual limit with respect to incentive stock options, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Information Security Protection Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY IMPROVEMENTS. (a) Submittal of Quarterly Information Security Report to Congress.--Paragraph (14) of subsection (b) of section 5723 of title 38, United States Code, is amended by inserting ``and to the Committees on Veterans' Affairs of the Senate and House of Representatives'' after ``to the Secretary''. (b) Plan for Addressing Known Information Security Vulnerabilities.--Such subsection is further amended by adding at the end the following new paragraph: ``(17) Submitting to the Chairs and Ranking Members of the Committees on Veterans' Affairs of the Senate and House of Representatives, by not later than 30 days after the date of the enactment of this paragraph, and quarterly thereafter, a plan of action to address critical known information security vulnerabilities that includes-- ``(A) specific milestones regarding timelines to address such vulnerabilities; ``(B) a summary of any reports provided to the Assistant Secretary for Information and Technology pursuant to subsection (e)(3) during the period covered by the report; ``(C) a discussion of any risk assessment analysis undertaken by the Department that led to the inclusion of any such vulnerability; and ``(D) a summary of such plan of action that could be made publicly available.''. (c) Plan for Replacing Outdated Operating Systems.--Such subsection is further amended by adding at the end the following new paragraph: ``(18) Submitting to the Committees on Veterans' Affairs of the Senate and House of Representatives, by not later than January 1 of each year, a plan for identifying and replacing operating systems of the Department that are out-of-date or unsupported and that includes-- ``(A) requirements that such an operating system be removed from the network of the Department no later than 15 days after the date on which the operating system was identified as being out-of-date or unsupported; and ``(B) information concerning the number of systems so identified during the year preceding the year in which the report is submitted, when each such system was so identified, and when each system so identified was removed from the network of the Department.''. (d) Software Security.--Such subsection is further amended by adding at the end the following new paragraph: ``(19) Ensuring that any software or Internet applications used on systems by the Department are secure from vulnerabilities that could affect the confidentiality of sensitive personal information of veterans.''. SEC. 3. INFORMATION TECHNOLOGY REPORTING REQUIREMENTS. (a) In General.--Chapter 57 of title 38, United States Code, is amended-- (1) by redesignating sections 5727 and 5728 as sections 5729 and 5730, respectively; and (2) by inserting after section 5726 the following new sections: ``Sec. 5727. Reporting requirements ``Not later than 30 days after the last day of each fiscal quarter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report that includes the following information for that fiscal quarter: ``(1) A detailed description of any incidents of failure to comply with established information security policies that occurred during that quarter. ``(2) Any actions taken in response to such an incident. ``(3) Any reports made under paragraphs (8) through (10) of subsection (b) of section 5723 of this title during that quarter. ``(4) Written certification that the requirements of section 5722(c) of this title were followed during that quarter. ``(5) A detailed discussion of whether each recommendation made by the National Institute of Standards and Technology, the Office of Management and Budget, or the Department of Homeland Security relating to information security have been implemented by the Department, and if not, an explanation of why such recommendation was not implemented. ``(6) Steps taken to ensure the security of the Veterans Health Information Systems and Technology Architecture of the Department that allows for an integrated inpatient and outpatient electronic health record for patients and provides administrative tools to employees of the Department taken during that quarter. ``Sec. 5728. Information security strategic plan ``(a) Plan Required.--Not later than one year after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Secretary of Defense, the Director of the National Institute of Standards and Technology, the heads of other appropriate Federal agencies, veterans groups, and appropriate industry specialists, shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a strategic plan for improving the information security of the Department. Such plan shall address-- ``(1) methods of protecting the sensitive personal information of veterans while not unduly interfering with the ability of the Department to provide benefits and services to veterans and their dependents; ``(2) how the Department can improve its compliance with information security requirements; ``(3) training and recruitment of employees with the necessary expertise and abilities in information security; and ``(4) the institutional capability of the Department to address information security threats and to implement best practices related to information security. ``(b) Biannual Updates.--The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives biannual updates to the plan required by subsection (a).''. (b) Clerical Amendments.--The table of sections at the beginning of such chapter is amended by striking the items relating to sections 5727 and 5728 and inserting the following new items: ``5727. Reporting requirements. ``5728. Information security strategic plan. ``5729. Definitions. ``5730. Authorization of appropriations.''. SEC. 4. REQUIREMENTS FOR DEPARTMENT OF VETERANS AFFAIRS CONTRACTS FOR DATA PROCESSING OR MAINTENANCE. (a) In General.--Section 5725(a) of title 38, United States Code, is amended-- (1) in paragraph (2), by striking the period and inserting ``; and''; and (2) by adding at the end the following new paragraph: ``(3) the contractor shall provide protective measures to safeguard from possible information security threats any information provided by the Department that will be resident on or transiting through information systems controlled by the contractor.''. (b) Applicability.--Paragraph (3) of section 5725(a) of title 38, United States Code, shall apply with respect to a contract entered into after the date of the enactment of this Act.

Department of Veterans Affairs Information Security Protection Act - Requires the Assistant Secretary of Veterans Affairs for Information and Technology to submit to the congressional veterans committees (under current law, only to the Secretary of Veterans Affairs) quarterly reports on Department of Veterans Affairs (VA) compliance with federally-required information security improvements. Directs the Assistant Secretary to submit to such committees: (1) quarterly, a plan of action to address critical known VA information security vulnerabilities; and (2) annually, a plan for identifying and replacing VA operating systems that are out-of-date or unsupported. Requires the Assistant Secretary to ensure that any software or Internet applications used on VA operating systems are secure from vulnerabilities that could affect the confidentiality of sensitive personal information on veterans. Directs the Secretary to report, quarterly, to such committees on any incidents of failure to comply with established information security policies, any actions taken in response to such incidents, and certain related information. Requires the Secretary to submit a strategic plan for improving VA information security and to update such plan at least every two years. Requires VA contractors with access to sensitive personal information to provide protective measures to safeguard from possible information security threats any information provided by the VA that will be resident on, or transiting through, information systems controlled by that contractor.

Department of Veterans Affairs Information Security Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``World Trade Center Zone Tax Incentive Act''. SEC. 2. TAX TREATMENT OF FOREIGN CORPORATIONS RELOCATING TO WORLD TRADE CENTER AREA. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 (relating to New York Liberty Zone benefits) is amended by adding at the end the following new section: ``SEC. 1400M. NO ADDITIONAL CORPORATE INCOME TAXES ON FOREIGN CORPORATIONS RELOCATING HEADQUARTERS OPERATIONS TO NEW YORK LIBERTY ZONE. ``(a) General Rule.--If there is a qualified headquarters relocation of an eligible foreign corporation, any qualified headquarters activities of the corporation conducted in the New York Liberty Zone shall be treated as conducted outside the United States for purposes of determining-- ``(1) the amount of any tax imposed by this chapter, or the amount of withholding tax under chapter 3, on the corporation, or ``(2) whether the corporation has a permanent establishment within the United States for purposes of any applicable income tax treaty between the United States and any foreign country. ``(b) Qualified Headquarters Relocation.--For purposes of this section-- ``(1) In general.--The term `qualified headquarters relocation' means any relocation of an eligible foreign corporation's qualified headquarters activities to the New York Liberty Zone but only if the corporation with respect to such relocation-- ``(A) before September 11, 2007, enters into a contract-- ``(i) under which the corporation agrees to acquire, lease, sublease, or otherwise occupy office space located in the New York Liberty Zone for use in the conduct of the activities to be relocated, and ``(ii) which requires a substantial financial commitment or provides a substantial cancellation penalty, and ``(B) before September 11, 2009-- ``(i) transfers to the New York Liberty Zone qualified headquarters activities meeting the requirements of paragraph (2), and ``(ii) locates employees in the New York Liberty Zone in accordance with the requirements of paragraph (3). ``(2) Transfer of qualified headquarters activities.--The requirements of this paragraph are met if the transfer of qualified headquarters activities includes at least the transfer of a substantial part of the following activities which the eligible foreign corporation was performing for members of its expanded affiliated group immediately before the requirement of paragraph (1)(A) is met: ``(A) The activities described in clause (ii) of subsection (c)(2)(A). ``(B) High-level activities described in clause (iii) of subsection (c)(2)(A). ``(C) The activities described in clause (iv) of subsection (c)(2)(A). ``(3) Transfer of employees.-- ``(A) In general.--The requirements of this paragraph are met if the eligible foreign corporation locates in the New York Liberty Zone a number of employees equal to or greater than the lesser of-- ``(i) 200 employees, or ``(ii) the greater of-- ``(I) 10 percent of the employees of the corporation and the members of its expanded affiliated group for which the corporation performs headquarters activities (as of the date the requirements of paragraph (1)(B) are first met), or ``(II) 50 employees. ``(B) High-level employees.--The requirements of this paragraph shall be treated as met only if the eligible foreign corporation locates in the New York Liberty Zone at least-- ``(i) 50 percent of the senior officers of the corporation, and ``(ii) 50 percent of the senior business development personnel of the corporation. ``(C) Current united states employees not counted.--For purposes of determining whether the requirements of this paragraph are first met, and continue to be met during the 2-year period after the date on which the requirements are first met, there shall not be taken into account any individual who was an employee of the eligible foreign corporation or any member of its expanded affiliated group who was located in the United States at any time during the 1-year period ending on the later of-- ``(i) the date the requirements of subsection (b)(1)(B) are first met, or ``(ii) the date the employee is first located in the New York Liberty Zone. Any period during which an individual was located in the New York Liberty Zone solely as part of a qualified headquarters relocation shall not be taken into account for purposes of the preceding sentence. ``(D) Located.--An employee shall be treated as located in the New York Liberty Zone or the United States for any period if the services performed by the employee during the period are performed primarily in the New York Liberty Zone or the United States, respectively. ``(c) Eligible Foreign Corporation; Qualified Headquarters Activities.--For purposes of this section-- ``(1) Eligible foreign corporation.--The term `eligible foreign corporation' means a foreign corporation which-- ``(A) performs qualified headquarters activities for 1 or more members of an expanded affiliated group including such corporation, and ``(B) agrees to furnish to the Secretary (at such time and in such manner as the Secretary may prescribe) such information as the Secretary may require to carry out this section, including the gross revenue of the corporation derived from qualified headquarters activities. ``(2) Qualified headquarters activities.-- ``(A) In general.--The term `qualified headquarters activities' means, with respect to any eligible foreign corporation-- ``(i) the ownership and management of any member of the expanded affiliated group of which it is a member, ``(ii) the conduct of any treasury function of a member of the expanded affiliated group of which it is a member, including the borrowing of funds, financing of members of the group and related entities, and investment of excess corporate funds, but not including the taking of deposits from, or the making of loans to, the public, ``(iii) marketing and branding functions, ``(iv) senior business management and development, and ``(v) any other activity incidental to any activity described in clauses (i) through (iv). ``(B) Certain activities previously conducted in united states not included.-- ``(i) In general.--Such term shall not include any activity which the eligible foreign corporation or any member of its expanded affiliated group engaged in through an office or fixed place of business in the United States at any time during the 3-year period ending on the date the requirements of subsection (b)(1)(B) are first met. ``(ii) Exception for relocation activities.--The conduct of any activity as part of a qualified headquarters relocation shall not be taken into account in determining whether clause (i) applies to the activity. ``(iii) Exclusion ceases to apply if activity not conducted in united states for 5 years.-- ``(I) In general.--Clause (i) shall not apply to any activity conducted in the New York Liberty Zone during the taxable year described in subclause (II) or any succeeding taxable year. ``(II) Applicable taxable year.--A taxable year is described in this subclause with respect to any activity if such year is the first taxable year in which ends a consecutive 5-year period which begins after the date the requirements of subsection (b)(1)(B) are first met and during which the eligible foreign corporation or any member of its expanded affiliated group did not engage in such activity through an office or fixed place of business within the United States. ``(iv) Special rules for acquired entities.-- ``(I) In general.--If an acquired entity engaged in an activity described in subparagraph (A) through an office or fixed place of business in the United States (other than an activity which was a qualified headquarters activity of the acquired entity for purposes of subsection (a)) at any time during the 1-year period preceding the first date on which the acquired entity became a member of the expanded affiliated group of the eligible foreign corporation, such activity shall be treated as an activity engaged in by the eligible foreign corporation on the day preceding the first day the requirements of subsection (b)(1)(B) are met. ``(II) Activities not conducted in united states for 5 years.--If subclause (I) applies to an activity, clause (iii) shall be applied to the activity by substituting the date the acquired entity became a member of the expanded affiliated group of the eligible foreign corporation for the first day the requirements of subsection (b)(1)(B) are met. ``(III) Acquired entity.--The term `acquired entity' means any corporation or partnership which became a member of the eligible foreign corporation's expanded affiliated group after the first date the requirements of subsection (b)(1)(B) are met. ``(v) Predecessor entities.--For purposes of this subparagraph, any activity conducted by a predecessor or related person with respect to a member of an expanded affiliated group shall be treated as conducted by the member. ``(d) Termination and Recapture of Tax Benefits.-- ``(1) In general.--This section shall not apply to any qualified headquarters activities of an eligible foreign corporation for any taxable year if the corporation at any time during the taxable year or any preceding taxable year fails to-- ``(A) conduct the qualified headquarters activities described in subsection (b)(2), or ``(B) meet the requirements of subsection (b)(3). The Secretary may waive the application of this paragraph in the case of a de minimis or inadvertent failure which is corrected within a reasonable period of time after discovery. ``(2) Recapture of tax on certain eligible foreign corporations.-- ``(A) In general.--In addition to any tax imposed by this chapter for the first taxable year during which this section does not apply to an eligible foreign corporation by reason of paragraph (1), there is hereby imposed on the eligible foreign corporation a tax equal to the recapture amount described in subparagraph (B). ``(B) Recapture amount.-- ``(i) In general.--The recapture amount described in this subparagraph shall be the sum of the amounts determined for each of the 4 taxable years preceding the first taxable year to which this section does not apply by reason of paragraph (1) by multiplying the qualified tax benefits for each such year by the following recapture percentage: ``In the case of-- The recapture percentage is-- The immediately preceding taxable year........ 80% The second preceding taxable year............. 60% The third preceding taxable year.............. 40% The fourth preceding taxable year............. 20%. ``(ii) Qualified tax benefits.--For purposes of this subparagraph, the term `qualified tax benefits' means, with respect to any taxable year described in clause (i), an amount equal to the excess (if any) of-- ``(I) the amount of the tax liability which a foreign corporation would have had for the taxable year under this chapter and chapter 3 if this section had not applied, over ``(II) the amount of such tax liability for such corporation for such taxable year without regard to this paragraph. ``(C) Interest.-- ``(i) In general.--In addition to the tax imposed by subparagraph (A), an eligible foreign corporation shall pay interest on the recapture amount. ``(ii) Calculation of interest.--The amount of interest under clause (i) shall be determined-- ``(I) at the underpayment rate specified in section 6621, ``(II) separately for each taxable year, and ``(III) for the period beginning on the due date for the tax return of the corporation for such taxable year (without regard to extensions) and ending on the due date for the tax return of the corporation for the first taxable year to which this section ceases to apply. ``(e) Expanded Affiliated Group.--For purposes of this section-- ``(1) In general.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a) but without regard to paragraphs (2) and (3) of section 1504(b), except that section 1504(a) shall be applied by substituting `50 percent' for `80 percent' each place it appears. ``(2) Partnerships.--Such term includes any partnership in which the eligible foreign corporation or its expanded affiliated group owns directly or indirectly more than 50 percent of the capital or profit interests. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations-- ``(1) which exclude from qualified headquarters activities any activities of a type not ordinarily performed by a corporation performing headquarters activities, ``(2) to apply this section in the case of eligible foreign corporations that conduct activities in the United States other than qualified headquarters activities, and ``(3) which prevent qualified foreign corporations from expanding the benefits available by reason of this paragraph through intercompany transactions.'' (b) Conforming Amendment.--The table of sections for subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 1400M. No additional corporate income taxes on foreign corporations relocating headquarters operations to New York Liberty Zone.''

World Trade Center Zone Tax Incentive Act - Amends the Internal Revenue Code to state that if there is a qualified headquarters relocation of an eligible foreign corporation, any qualified headquarters activities of the corporation conducted in the New York Liberty Zone shall be treated as conducted outside the United States for purposes of determining: (1) the amount of any tax or withholding tax; or (2) whether the corporation has a permanent establishment within the United States for purposes of any applicable income tax treaty between the United States and any foreign country.Sets forth "qualified headquarters relocation" criteria with respect to transfers of employees and headquarters activities.Provides for termination and recapture of tax benefits for failure to meet such requirements.Defines "expanded affiliated group" for purposes of this Act.

A bill to amend the Internal Revenue Code of 1986 to attract foreign corporations to relocate to the area in New York City surrounding the former World Trade Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Camera Accountability Maintenance and Transparency in Policing Act of 2017'' or the ``CAM TIP Act of 2017''. SEC. 2. BODY-WORN CAMERA GRANTS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART MM--BODY-WORN CAMERA GRANTS ``SEC. 3031. IN GENERAL. ``From amounts made available to the Bureau of Justice Assistance, the Director of the Bureau of Justice Assistance may make grants to States, units of local government, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. In making such grants, the Director shall assess the program proposed by the applicant for the elements described in section 3033. ``SEC. 3032. USES OF FUNDS. ``Grants awarded under this part shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the program described under section 3033. ``SEC. 3033. PROGRAM DESCRIBED. ``The program described in this section is any program implemented by a grantee requiring the use of body-worn cameras by law enforcement officers in that jurisdiction, which-- ``(1) establishes policies and procedures for when law enforcement officers should wear, activate, and deactivate body-worn cameras; ``(2) ensures the protection of the civil liberties of members of general public relating to the use of body-worn cameras by law enforcement officers; ``(3) establishes policies limiting the use of recordings of body-worn cameras to monitor the conduct of law enforcement officers outside of their interactions, in an official capacity, with members of the general public; ``(4) establishes or proposes to develop standards relating to the effective placement, on a law enforcement officer's body, of a body-worn camera; ``(5) describes the best practices for receiving an accurate narrative from the recordings of body-worn cameras; ``(6) establishes policies for the collection and storage of the recordings of body-worn cameras; ``(7) establishes policies relating to the availability of recordings of body-worn cameras-- ``(A) to the general public; ``(B) to victims of crimes; and ``(C) for internal use by the law enforcement agency; and ``(8) has in place guidelines and training courses for law enforcement officers relating to the proper management and use of body-worn cameras. ``SEC. 3034. MATCHING REQUIREMENTS. ``(a) Federal Share.--The portion of the costs of a program provided by a grant under this part may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(b) Non-Federal Share.--The non-Federal share of payments made under this part may be made in cash or in-kind fairly evaluated, including planned equipment or services. ``SEC. 3035. FUNDING. ``Grants under this part may be made using the funds that are available under section 506(a)(1).''. SEC. 3. STUDY ON THE COST OF THE PURCHASE AND USE OF BODY-WORN CAMERAS BY LAW ENFORCEMENT AGENCIES. (a) Study.--The Attorney General shall conduct a study on the cost to State and local law enforcement agencies of purchasing and using body-worn cameras or other similar cameras, including gun-mounted cameras. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that contains the results of the study conducted under subsection (a). SEC. 4. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY CAMERA ACCOUNTABILITY. There shall be established in the Department of Justice a task force to do the following: (1) The task force shall be created to provide recommendations on community policing, including best practices for creating accountability and transparency. (2) Not later than one year after the date of the enactment of this Act, the task force shall provide a report to the Congress, which shall include the recommendations under paragraph (1). (3) Membership shall include representatives of civil rights organizations, Federal, State, and local law enforcement personnel, and community policing experts. (4) The task force shall develop proper body-worn camera training protocol. (5) The task force shall study the impact that citizen review boards could have on investigating cases of alleged police misconduct. (6) Not later than 1 year after implementation of the body camera requirement policy under section 3033 of title I of the Omnibus Crime Control Act of 1968, the task force shall conduct a survey to determine best practices and effectiveness of the policy with findings to be reported back to the Congress. SEC. 5. GAO REPORT ON PENTAGON'S 1033 PROGRAM. Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the Department of Defense Excess Personal Property Program established pursuant to section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201), that includes information on-- (1) which jurisdictions equipment is sent to; (2) the value of equipment sent to each jurisdiction; (3) the level of training provided to officers; and (4) how the equipment is used in the jurisdiction.

Camera Accountability Maintenance and Transparency in Policing Act of 2017 or the CAM TIP Act of 2017 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for state, local, and tribal governments to acquire, operate, and maintain body-worn cameras for law enforcement officers. Additionally, it establishes a task force in the Department of Justice (DOJ) to provide recommendations on community policing, including best practices for accountability and transparency. DOJ must study the cost to purchase and use body-worn cameras. Finally, the Government Accountability Office must study and report on the Department of Defense Excess Personal Property Program.

Camera Accountability Maintenance and Transparency in Policing Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Hydrocephalus Treatment and Training Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Hydrocephalus, also known as ``water on the brain'', is a medical condition in which an abnormal accumulation of cerebrospinal fluid in the ventricles or cavities of the brain causes increased intracranial pressure inside the skull and progressive enlargement of the head. (2) If left untreated, hydrocephalus leads to physical and mental disabilities and eventually death. (3) Hydrocephalus is an extremely painful condition that most commonly occurs in infants and young children as a result of a congenital abnormality (anatomic abnormality, aqueductal stenosis, spina bifida or encephalocele), or post-infectious hydrocephalus (PIH) caused by infections acquired after birth, such as meningitis, that attack the brain. (4) PIH is the most common cause of hydrocephalus globally, accounting for approximately 60 percent of all cases. (5) Three to five out of every 1,000 newborns in developing countries are either born with hydrocephalus or acquire it due to neonatal infections in the first few months of life. (6) It is conservatively estimated that more than 300,000 children are born with or acquire hydrocephalus in the developing world each year. (7) Children with hydrocephalus who are not effectively treated or who are not treated in the early stages of the condition suffer from cognitive deficiencies or physical disabilities or both. (8) Families of children who have hydrocephalus in developing countries rarely know that it is a treatable condition, where to go for treatment, or how to care for a child suffering from the condition. (9) Many children with hydrocephalus in developing countries are abandoned, ostracized, or abused due to their appearance and physical and mental disabilities. (10) Hydrocephalus can be treated, and advances in innovative medical procedures such as ETV/CPC have the potential to save thousands of lives annually and prevent or mitigate physical and mental disabilities in thousands of children in developing countries. (11) The current standard treatment for hydrocephalus is the VP shunt which often requires up to 5 surgical revisions before a child reaches adulthood to remedy blockages in the shunt and to account for the child's growth. Blockages can be expected during the life of the patient and can lead to death, particularly in developing countries where access to the requisite medical expertise often is not available. (12) Due to the need for multiple replacements of a VP shunt, this treatment is expensive and creates an increased burden on fragile health systems, patients, and families. (13) ETV/CPC is a shunt-less surgery for hydrocephalus that does not require a VP shunt and has been shown to be appropriate in at least two-thirds of the cases of infants with hydrocephalus. Of those cases, ETV/CPC is 93 percent effective in eliminating hydrocephalus. (14) Few hospitals with the expertise and capacity to treat hydrocephalus exist in developing countries, and the demand for treatment far exceeds the capacity of health systems in those countries. (15) Neurosurgical care for hydrocephalus in developing countries is widely unavailable due to a lack of trained neurosurgeons. In East Africa, there is only 1 neurosurgeon per 10,000,000 people. In many developing countries there are no trained neurosurgeons. (16) Hundreds of thousands of cases of hydrocephalus in children in developing countries could be successfully treated if adequate resources are devoted to training surgeons in new techniques, such as ETV/CPC, and many future cases could be prevented if adequate resources are devoted to research means to mitigate the preventable causes of hydrocephalus. (17) Adoption of innovative new techniques to treat hydrocephalus, such as ETV/CPC, are more cost effective in the long term than current treatment methods since only one surgery is required in most cases, thus limiting the impact on overburdened health systems in developing countries. SEC. 3. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et. seq.) is amended-- (1) by redesignating the second section 135 (as added by section 5(a) of the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121; 119 Stat. 2536)) as section 136; and (2) by adding at the end the following: ``SEC. 137. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS. ``(a) Purposes.--The purposes of assistance authorized by this section are-- ``(1) to ensure that life-saving treatment of hydrocephalus is an important priority of United States bilateral foreign assistance, including through promotion of innovative treatments and training of medical practitioners from the developing world in the latest treatment protocols and best practices for the treatment of hydrocephalus, including-- ``(A) surgery and post-surgery care in developing countries; ``(B) the creation of a comprehensive hydrocephalus training program based in the developing world for surgeons and key members of their medical team; and ``(C) the training of medical practitioners based in the developing world in ETV/CPC and other appropriate treatment protocols; and ``(2) to promote research to reduce the incidence of PIH epidemiology, pathophysiology, and disease burden, and to improve treatment of hydrocephalus. ``(b) Authorization.--To carry out the purposes of subsection (a), the President is authorized to provide assistance to support a network of trained medical practitioners to treat hydrocephalus in children at pediatric hospitals and hydrocephalus treatment centers in developing countries with a high incidence of hydrocephalus. ``(c) Activities Supported.-- ``(1) Comprehensive program.-- ``(A) In general.--Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to establish a comprehensive program to administer global hydrocephalus treatment and training activities utilizing a network of pediatric hospitals capable of performing endoscopic surgery in developing countries. ``(B) Administration.--The program described in subparagraph (A) shall be administered by healthcare executives and neurosurgeons with expertise in the treatment of hydrocephalus. ``(C) Responsibilities.--The responsibilities of the administrators described in subparagraph (B) shall include-- ``(i) developing an appropriate education and training curriculum; ``(ii) establishing quality control standards; ``(iii) instituting safety guidelines and standards; and ``(iv) developing monitoring and evaluation protocols. ``(2) Training hospital.-- ``(A) In general.--Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to establish a surgeon training program within a pediatric hospital based in a developing country with a high incidence of hydrocephalus with the goal of training four surgeons annually and a total of 20 surgeons over a 5-year period to treat hydrocephalus utilizing the ETV/CPC technique. ``(B) Timeline.--To the maximum extent practicable, the surgeon training program described in subparagraph (A) should be operational no later than 1 year after the date of enactment of this Act. ``(C) Training admissions criteria.--Candidates for the surgeon training program established under subparagraph (A) shall-- ``(i) have a demonstrated commitment to providing medical assistance in the developing world; and ``(ii) certify that the candidate intends to remain and practice medicine in the developing world following completion of the program. ``(D) Training program methodology.--The surgeon training program established under subparagraph (A) shall-- ``(i) be conducted by a neurosurgeon with a minimum of 3 years of full-time operating experience in the developing world; ``(ii) be a hands-on operating room experience in the developing world; ``(iii) utilize a hydrocephalus treatment protocol with an emphasis on ETV/CPC as the preferred treatment when medically appropriate; and ``(iv) require that each trainee complete a minimum of 50 ETV/CPC or ETV procedures and at least 25 VP shunt procedures. ``(3) Treatment centers.-- ``(A) In general.--Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to establish at least 20 hydrocephalus treatment centers located at public and private hospital in developing countries with a high incidence of hydrocephalus, which shall include treatment costs, endoscopy equipment and medical supplies necessary to provide ETV/CPC procedures to treat hydrocephalus. ``(B) Staffing.--The treatment centers described in subparagraph (A) shall be staffed by-- ``(i) one or more surgeons who have successfully completed the surgeon training program provided pursuant to paragraph (2); and ``(ii) a patient care administrator. ``(C) Treatment.--The treatment centers described in subparagraph (A) shall-- ``(i) provide surgery to treat hydrocephalus in children; ``(ii) perform at least 50 hydrocephalus surgeries annually including a minimum of 25 ETV or ETV/CPC surgeries; and ``(iii) provide post-surgery care and support for the children treated in accordance with clause (i). ``(4) Medical records and data.--Assistance provided under subsection (b) shall, to the maximum extent practicable, include the maintenance of medical records which track patient care activities and information about the causes and incidence rates of PIH. ``(d) Definitions.--In this section: ``(1) CPC.--The term `CPC' means choroid plexus cauterization, a surgical procedure to reduce the production of cerebrospinal fluid in the brain. ``(2) ETV.--The term `ETV' means endoscopic third ventriculostomy, a shunt-less surgical procedure in which an opening is created in the floor of the third ventricle of the brain allowing cerebrospinal fluid to bypass any obstruction and flow directly to the basal cisterns. ``(3) ETV/CPC.--The term `ETV/CPC' means the shunt-less surgical method for treating hydrocephalus through the combination of ETV and CPC surgical procedures. ``(4) Hydrocephalus.--The term `hydrocephalus' means a medical condition in which an abnormal accumulation of cerebrospinal fluid in the ventricles or cavities of the brain causes increased intracranial pressure inside the skull and progressive enlargement of the head. ``(5) Medical practitioners.--The term `medical practitioners' means physicians, nurses and other clinicians. ``(6) PIH.--The term `PIH' means post-infectious or acquired hydrocephalus which is the onset of hydrocephalus after birth due to the affects of an infection, such as meningitis, that has attacked the brain. ``(7) VP shunt.--The term `VP shunt' means a ventriculoperitonea shunt which is a plastic tube that is regulated by a valve and surgically placed in a brain ventricle that allows the cerebrospinal fluid to flow out of the brain through the tube and into the patient's abdomen. ``(e) Authorization of Appropriations.--Of the amounts made available to carry out this chapter for child survival and maternal health programs, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2014 through 2018 to carry out this section.''.

International Hydrocephalus Treatment and Training Act - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to support a network of trained medical practitioners to treat hydrocephalus in children at pediatric hospitals and hydrocephalus treatment centers in developing countries. Requires such assistance to provide for surgeon training and establishment of at least 20 treatment centers.

International Hydrocephalus Treatment and Training Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Protection Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Social Security is the most successful and reliable social program in our Nation's history. (2) For 75 years, through good times and bad, Social Security has reliably kept millions of senior citizens, individuals with disabilities, and children out of poverty. (3) Before President Franklin Roosevelt signed the Social Security Act into law on August 14, 1935, approximately half of the senior citizens in the United States lived in poverty; less than 10 percent of seniors live in poverty today. (4) Social Security has succeeded in protecting working Americans and their families from devastating drops in household income due to lost wages resulting from retirement, disability, or the death of a spouse or parent. (5) More than 53,000,000 Americans receive Social Security benefits, including 36,500,000 retirees and their spouses, 9,200,000 veterans, 8,200,000 disabled individuals and their spouses, 4,500,000 surviving spouses of deceased workers, and 4,300,000 dependent children. (6) Social Security has never contributed to the Federal budget deficit or the national debt, and benefit cuts should not be proposed as a solution to reducing the Federal budget deficit. (7) Social Security is not in a crisis or going bankrupt, as the Social Security Trust Funds have been running surpluses for the last quarter of a century. (8) According to the Social Security Administration, the Social Security Trust Funds currently maintain a $2,600,000,000,000 surplus that is project to grow to $4,200,000,000,000 by 2023. (9) According to the Social Security Administration, even if no changes are made to the Social Security program, full benefits will be available to every recipient until 2037, with enough funding remaining after that date to pay about 78 percent of promised benefits. (10) According to the Social Security Administration, ``money flowing into the [Social Security] trust funds is invested in U.S. Government securities . . . the investments held by the trust funds are backed by the full faith and credit of the U.S. Government. The Government has always repaid Social Security, with interest.''. (11) All workers who contribute into Social Security through the 12.4 percent payroll tax, which is divided equally between employees and employers on income up to $106,800, deserve to have a dignified and secure retirement. (12) Social Security provides the majority of income for two-thirds of the elderly population in the United States, with approximately one-third of elderly individuals receiving nearly all of their income from Social Security. (13) Overall, Social Security benefits for retirees currently average a modest $14,000 a year, with the average for women receiving benefits being less than $12,000 per year. (14) Nearly 1 out of every 4 adult Social Security beneficiaries has served in the United States military. (15) Social Security is not solely a retirement program, as it also serves as a disability insurance program for American workers who become permanently disabled and unable to work. (16) The Social Security Disability Insurance program is a critical lifeline for millions of American workers, as a 20- year-old worker faces a 30 percent chance of becoming disabled before reaching retirement age. (17) Proposals to privatize the Social Security program would jeopardize the security of millions of Americans by subjecting them to the ups-and-downs of the volatile stock market as the source of their retirement benefits. (18) Raising the retirement age would jeopardize the retirement future of millions of American workers, particularly those in physically demanding jobs as well as lower-income women, African-Americans, and Latinos, all of whom have a much lower life expectancy than wealthier Americans. (19) Social Security benefits have already been cut by 13 percent, as the Normal Retirement Age was raised in 1983 from 65 years of age to 67 years of age by 2022. (20) According to the Social Security Administration, raising the retirement age for future retirees would reduce benefits by 6 to 7 percent for each year that the Normal Retirement Age is raised. (21) Reducing cost-of-living adjustments for current or future Social Security beneficiaries would force millions of such individuals to choose between heating their homes, putting food on the table, or paying for their prescription drugs. (22) Social Security is a promise that this Nation cannot afford to break. SEC. 3. LIMITATION ON CHANGES TO THE SOCIAL SECURITY PROGRAM FOR CURRENT AND FUTURE BENEFICIARIES. (a) In General.--Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider, for purposes of the old-age, survivors, and disability insurance benefits program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), any legislation that-- (1) increases the retirement age (as defined in section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1))) or the early retirement age (as defined in section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2))) for individuals receiving benefits under title II of the Social Security Act on or after the date of enactment of this Act; (2) reduces cost-of-living increases for individuals receiving benefits under title II of the Social Security Act on or after the date of enactment of this Act, as determined under section 215(i) of the Social Security Act (42 U.S.C. 415(i)); (3) reduces benefit payment amounts for individuals receiving benefits under title II of the Social Security Act on or after the date of enactment of this Act; or (4) creates private retirement accounts for any of the benefits individuals receive under title II of the Social Security Act on or after the date of enactment of this Act. (b) Waiver or Suspension.-- (1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, present and voting. (2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, present and voting. (c) Point of Order Protection.--In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). (d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV of the Rules of the House of Representatives.

Social Security Protection Act of 2011 - Makes it out of order in the Senate or the House of Representatives to consider any legislation that: (1) increases the retirement age or the early retirement age for individuals receiving benefits under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act on or after the enactment of this Act; (2) reduces cost-of-living increases for them; (3) reduces benefit payment amounts for them; or (4) creates private retirement accounts for any of the OSADI benefits they receive.

A bill to establish a point of order against any efforts to reduce benefits paid to Social Security recipients, raise the retirement age, or create private retirement accounts under title II of the Social Security Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand and Rebuild America's Schools Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many States and school districts will need to build new schools in order to accommodate increasing student enrollments; the Department of Education has predicted that the Nation will need 6,000 more schools by the year 2006. (2) In response to reduced class mandates enforced by State governments and increased enrollment, many school districts have been forced to utilize temporary classrooms and other structures to accommodate increased school populations, along with resorting to year-round schedules for students. (3) Research has proven a direct correlation between the condition of school facilities and student achievement. Recently, researchers found that students assigned to schools in poor condition can be expected to fall 10.9 percentage points behind those in buildings in excellent condition. Similar studies have demonstrated up to a 20 percent improvement in test scores when students were moved from a school with poor facilities to a new facility. (4) While school construction and maintenance are primarily a State and local concern, States and communities have not, on their own, met the increasing burden of providing acceptable school facilities, and the poorest communities have had the greatest difficulty meeting this need. (5) Many local educational agencies have difficulties securing financing for school facility construction and renovation, especially in States that require a \2/3\ majority of voter approval for the passage of local bond initiatives. (6) The Federal Government, by providing interest subsidies and similar types of support, can lower the costs of State and local school infrastructure investment, creating an incentive for businesses to support local school infrastructure improvement efforts. (7) The United States competitive position within the world economy is vulnerable if America's future workforce continues to be educated in schools not equipped for the 21st century. America must do everything in its power to properly educate its people to compete in the global marketplace. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to encourage public-private partnerships for the financing of school construction and expansion, and (2) to help local educational agencies bring all public school facilities up to an acceptable standard and build the additional classrooms needed to educate the growing number of students who will enroll in the next decade. SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. (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. 45D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. ``(a) Allowance of Credit.--In the case of an eligible taxpayer who holds a school construction bond on the credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b). ``(b) Amount of Credit.--The amount of the credit determined under this subsection with respect to any school construction bond is the amount equal to the product of-- ``(1) the credit rate determined by the Secretary under section 1397E(b)(2) for the month in which such bond was issued, multiplied by ``(2) the face amount of the bond held by the taxpayer on the credit allowance date. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(d) School Construction Bond.--For purposes of this section-- ``(1) In general.--The term `school construction bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a new qualified school established by an eligible local education agency, ``(B) the bond is issued by a State or local government within the jurisdiction of which such school is located, ``(C) the issuer-- ``(i) designates such bond for purposes of this section, ``(ii) certifies that it has written assurances that the private business contribution requirement of paragraph (2) will be met with respect to such school, and ``(iii) certifies that it has the written approval of the eligible local education agency for such bond issuance, and ``(D) the term of each bond which is part of such issue does not exceed the maximum term permitted under section 1397E(d)(3). ``(2) Private business contribution requirement.-- ``(A) In general.--For purposes of paragraph (1), the private business contribution requirement of this paragraph is met with respect to any issue if the eligible local education agency that established the qualified school has written commitments from private entities to make qualified contributions having a present value (as of the date of issuance of the issue) of not less than 10 percent of the proceeds of the issue. ``(B) Qualified contributions.--For purposes of subparagraph (A), the term `qualified contribution' means any contribution (of a type and quality acceptable to the eligible local education agency) of-- ``(i) equipment for use in the qualified school (including state-of-the-art technology and vocational equipment), ``(ii) technical assistance in developing curriculum or in training teachers in order to promote appropriate market driven technology in the classroom, ``(iii) services of employees as volunteer mentors, ``(iv) internships, field trips, or other educational opportunities outside the school for students, or ``(v) any other property or service specified by the eligible local education agency. ``(3) Qualified school.-- ``(A) In general.--The term `qualified school' means any public school which is established by and operated under the supervision of an eligible local education agency to provide education or training below the postsecondary level if-- ``(i) such public school is designed in cooperation with business to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for the rigors of college and the increasingly complex workforce, ``(ii) students in such public school will be subject to the same academic standards and assessments as other students educated by the local education agency, ``(iii) a well-structured program to alleviate overcrowding and to improve students' education has been constructed and implemented in the opinion of the Secretary of Education, and ``(iv) at least 2 of the following requirements are met: ``(I) There is a reasonable expectation (as of the date of issuance of the bonds) that at least 35 percent of the population attending the such public school will be eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act. ``(II) There is a reasonable expectation (as of the date of issuance of the bonds) that the student growth rate over the next 5 years for the school district in which such public school is to be located will be at least 10 percent. ``(III) The average student-teacher ratio for such district as of the date of issuance of the bonds is at least 28 to 1. ``(B) Eligible local education agency.--The term `eligible local education agency' means any local educational agency as defined in section 14101 of the Elementary and Secondary Education Act of 1965. ``(4) Qualified purpose.-- ``(A) In general.--The term `qualified purpose' means, with respect to any qualified school-- ``(i) constructing a new school facility, and ``(ii) providing equipment for use at such facility. ``(B) School facility.--The term `school facility' means a new public structure suitable for use as a classroom, laboratory, library, media center, or related facility whose primary purpose is the instruction of public elementary or secondary students. Such term does not include an athletic stadium, or any other structure or facility intended primarily for athletic exhibitions, contests, games, or events for which admission is charged to the general public. ``(5) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) a bank (within the meaning of section 581), ``(B) an insurance company to which subchapter L applies, and ``(C) a corporation actively engaged in the business of lending money. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national school construction bond limitation for each calendar year. Such limitation is $400,000,000 for 1998 and 1999, and, except for carryovers as provided under the rules applicable under paragraph (2), zero thereafter. ``(2) Allocation of limitation.--The national school construction bond limitation for a calendar year shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). The limitation amount allocated to a State under the preceding sentence shall be allocated by the Secretary of Education to qualified schools within such State. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified school shall not exceed the limitation amount allocated to such school under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the limitation amount for any State, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified schools within such State, the limitation amount for such State for the following calendar year shall be increased by the amount of such excess. ``(f) Other Definitions.--The definitions in subsections (d)(6) and (f) of section 1397E shall apply for purposes of this section. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section.'' (b) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Credit to holders of school construction bonds.'' (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 1997.

Expand and Rebuild America's Schools Act of 1997 - Amends the Internal Revenue Code to allow a limited credit to eligible taxpayers holding school construction bonds. Defines such bonds. Establishes a private business contribution requirement for bond issuers. Defines as eligible taxpayers certain banks, insurance companies, and corporations. Sets a national school construction bond limit.

Expand and Rebuild America's Schools Act of 1997

SECTION 1. NATIONAL STANDARDS TO PREVENT DISTRACTED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. National standards to prevent distracted driving ``(a) Penalty.--On October 1, 2011, and October 1 of each fiscal year thereafter, if a State does not meet the requirement of subsection (b), the Secretary shall withhold from amounts apportioned to the State on that date under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) an amount equal to the amount specified in subsection (c). ``(b) Requirement.-- ``(1) In general.--A State meets the requirement of this subsection if the State has enacted and is enforcing a law that prohibits a person from operating a motor vehicle in the State while the person is using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or part of traffic. ``(2) Exceptions.--Paragraph (1) does not apply if a wireless communications device is used-- ``(A) solely in a voice-activated or other hands- free mode; ``(B) for making a cellular phone call; ``(C) for obtaining emergency assistance to-- ``(i) report a traffic accident, medical emergency, or serious traffic hazard; or ``(ii) prevent a crime about to be committed; ``(D) in the reasonable belief that a person's life or safety is in immediate danger; ``(E) in an authorized emergency vehicle while in the performance of official duties; ``(F) when a motor vehicle is stopped and the driver has the motor vehicle transmission in neutral or park; and ``(G) in other circumstances, as identified by the Secretary by regulation, in which use of a wireless communications device does not adversely affect safety. ``(c) Amount To Be Withheld.--If a State is subject to a penalty under subsection (a), the Secretary shall withhold for a fiscal year from the apportionments of the State described in subsection (a) an amount equal to a percentage of the funds apportioned to the State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) for fiscal year 2009. The percentage shall be as follows: ``(1) For fiscal year 2012, 2 percent. ``(2) For fiscal year 2013, 4 percent. ``(3) For fiscal year 2014, 6 percent. ``(4) For fiscal year 2015, and each fiscal year thereafter, 8 percent. ``(d) Effect of Compliance and Noncompliance.--If, within 4 years from the date that an apportionment for a State is withheld in accordance with this section, the Secretary determines that the State meets the requirement of subsection (b), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, a State does not meet the requirement of subsection (b) any amounts so withheld from the State shall lapse. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Electronic message.-- ``(A) In general.--The term `electronic message' means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. ``(B) Inclusions.--The term includes e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person. ``(2) Wireless communications device.-- ``(A) In general.--The term `wireless communications device' means-- ``(i) a cellular phone; or ``(ii) a portable electronic device that is capable of receiving and transmitting data, including to text messages and e-mail, without an access line for service. ``(B) Exclusion.--The term does not include a device that is permanently affixed to the vehicle, including a global positioning system or navigation system.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``167. National standards to prevent distracted driving.''.

Requires the Secretary of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway program funds for FY2012-FY2015, and thereafter, if the state has not enacted or is not enforcing a law that prohibits, with specified exceptions, a person from using a wireless communications device to compose, read, or send an electronic message while operating a motor vehicle that is in motion or part of traffic.

To amend title 23, United States Code, to establish national standards to prevent distracted driving, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diamond-Blackfan Anemia Research and Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Diamond-Blackfan anemia is a rare genetic bone marrow failure disorder, which develops in infancy and results in severe anemia due to failure to make red blood cells. (2) Diamond-Blackfan anemia patients have an increased risk of leukemia, solid tumors, and complete bone marrow failure. (3) Fifty percent of patients with Diamond-Blackfan anemia are born with birth defects, including abnormalities to the face, head, upper arm and hand, genitourinary, and heart, and 21 percent of the affected patients have more than 1 defect. (4) Treatments for Diamond-Blackfan anemia, including the use of blood transfusions and steroids such as prednisone, have potential long-term side effects, including osteoporosis, iron overload (because of the transfusions), and impaired growth (because of the steroids). (5) The only cure for Diamond-Blackfan anemia is a bone marrow transplant, a procedure that carries serious risks and, since most patients lack an acceptable donor, is an option for only about 25 percent of patients. (6) Because Diamond-Blackfan anemia is a genetic disorder of red cell production and a cancer predisposition syndrome with a high rate of congenital anomalies, the Federal investment regarding Diamond-Blackfan anemia must be expanded to allow the careful dissection of this disease, which will provide valuable insights into the biology of blood disorders and cancer predisposition and serve as an important model for understanding the genetics of birth defects. SEC. 3. DIAMOND-BLACKFAN ANEMIA. (a) DBA-Related Activities of NIH.--Part A of title IV of the Public Health Service Act is amended by inserting after section 404G (42 U.S.C. 283i) the following: ``diamond-blackfan anemia ``Sec. 404H. (a) In General.--The Director of NIH, in coordination with the Directors of the National Heart, Lung, and Blood Institute, the National Institute of Diabetes and Digestive and Kidney Diseases, and the Office of Rare Diseases, shall expand and intensify research and related activities of the National Institutes of Health with regard to Diamond-Blackfan anemia. ``(b) Comprehensive Research Initiative.-- ``(1) In general.--In carrying out this section, the Director of NIH shall make grants to, or enter into contracts with, public or private entities to support a comprehensive research initiative to study, develop better treatments for, and ultimately find a cure for Diamond-Blackfan anemia. ``(2) Research.--The initiative supported under this subsection may include research on the following: ``(A) The links of Diamond-Blackfan anemia to chronic diseases. ``(B) Red cell differentiation. ``(C) The pathophysiology of Diamond-Blackfan anemia. ``(D) The relationship between Diamond-Blackfan anemia and predisposition to cancer. ``(E) Congenital anomalies in Diamond-Blackfan anemia patients.''. (b) DBA-Related Activities of CDC.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended-- (1) by moving section 317R so that it follows section 317Q; and (2) by inserting after section 317R the following: ``SEC. 317S. REGISTRY AND CLINICAL CARE CENTER FOR DIAMOND-BLACKFAN ANEMIA. ``(a) Registry.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall maintain and expand the Diamond-Blackfan Anemia Registry (in this section referred to as the `Registry'). ``(b) Comprehensive Clinical Care Center.-- ``(1) Establishment.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a comprehensive clinical care center for Diamond-Blackfan anemia where a majority of the patients with the disease are examined, treated, and tracked through the Registry, by experts in the disease. ``(2) Duties.--The center established under this section shall-- ``(A) gather and analyze extensive data on Diamond- Blackfan anemia to be used for public, non-profit, and government research initiatives involving gene discovery, ribosomal protein function, genetics of birth defects, blood cell formation (recovery from cancer chemotherapy), cancer predisposition, red cell differentiation, and a comparison of therapeutic treatments including blood transfusion, steroids, and bone marrow transplants; ``(B) provide thorough examinations of Diamond- Blackfan anemia patients by experts in the disease to confirm diagnosis and provide genetic typing along with a multi-system evaluation; and ``(C) provide clinical care for Diamond-Blackfan anemia.''.

Diamond-Blackfan Anemia Research and Care Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health, in coordination with other specified officials, to expand and intensify research and related activities of the Institute with regard to Diamond-Blackfan Anemia. States that the Director shall as part of such effort award grants to, or enter into contracts with, public or private entities to support a comprehensive research initiative.Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) maintain and expand the Diamond-Blackfan Anemia Registry; and (2) establish a comprehensive clinical care center for Diamond-Blackfan Anemia.

To require increased activities by the National Institutes of Health and the Centers for Disease Control and Prevention regarding Diamond-Blackfan anemia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Water Protection Act''. SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES. Section 402 of the Federal Water Pollution Control Act (22 U.S.C. 1342) is amended by adding at the end the following: ``(r) Prohibition on Sewage Dumping Into the Great Lakes.-- ``(1) In general.--A publicly owned treatment works is prohibited from intentionally diverting waste streams to bypass any portion of a treatment facility at the treatment works if the diversion results in a discharge into the Great Lakes unless-- ``(A)(i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; ``(ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and ``(iii) the treatment works provides notice of the bypass in accordance with the requirements of this subsection; or ``(B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility. ``(2) Limitation.--The requirement of paragraph (1)(A)(ii) is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass and the bypass occurred during normal periods of equipment downtime or preventive maintenance. ``(3) Notice requirements.--A publicly owned treatment works shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section)-- ``(A) prior notice of an anticipated bypass; and ``(B) notice of an unanticipated bypass within 24 hours following the time the treatment works first becomes aware of the bypass. ``(4) Follow-up notice requirements.--In the case of an unanticipated bypass for which a publicly owned treatment works provides notice under paragraph (3)(B), the treatment works shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section), not later than 5 days following the date on which the treatment works first becomes aware of the bypass, a follow-up notice containing a description of-- ``(A) the cause of the bypass; ``(B) the reason for the bypass ``(C) the period of bypass, including the exact dates and times; ``(D) if the bypass has not been corrected, the anticipated time the bypass is expected to continue; ``(E) the volume of the discharge resulting from the bypass; ``(F) any public access areas that may be impacted by the bypass; and ``(G) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. ``(5) Public availability of notices.--A publicly owned treatment works providing a notice under this subsection, and the Administrator (or the State in the case of a State that has a permit program approved under this section) receiving such a notice, shall each post all such notices provided or received in a searchable database accessible on the Internet. ``(6) Sewage blending.--Bypasses prohibited by this section include bypasses resulting in discharges from a publicly owned treatment works that consist of effluent routed around treatment units and thereafter blended together with effluent from treatment units prior to discharge. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Bypass.--The term `bypass' means an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge into the Great Lakes. ``(B) Great lakes.--The term `Great Lakes' has the meaning given such term by section 118(a)(3). ``(C) Treatment facility.--The term `treatment facility' includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher, as required to attain water quality standards, under any operating conditions. ``(D) Treatment works.--The term `treatment works' has the meaning given that term in section 212. ``(8) Implementation.--The Administrator shall establish procedures to ensure that permits issued under this section (or under a State permit program approved under this section) to a publicly owned treatment works include requirements to implement this subsection. ``(9) Maximum civil penalty.--Notwithstanding any provision of section 309, the maximum civil penalty which shall be assessed for a violation of this subsection, or any permit limitation or condition implementing this subsection, shall be $100,000 per day for each day the violation occurs. ``(10) Effective date.-- ``(A) In general.--Except as provided by subparagraph (B), the requirements of this subsection shall become effective beginning January 1, 2026. ``(B) Notice requirements.--The requirements of paragraphs (3), (4), and (5) shall become effective one year after the date of enactment of this subsection.''. SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. (a) In General.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended by redesignating section 519 as section 520 and inserting after section 518 the following: ``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. ``(a) Creation of Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Great Lakes Cleanup Fund' (in this section referred to as the `Fund'). ``(b) Transfers to Fund.--Effective January 1, 2026, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(r). ``(c) Administration of Fund.--The Administrator shall administer the Fund. ``(d) Use of Funds.--The Administrator shall make the amounts in the Fund available to the Great Lakes States for programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration. The Administrator shall allocate such amounts among the Great Lakes States based on the proportional amount attributable to each Great Lakes State for penalties collected for violations of section 402(r). ``(e) Priority.--In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that address violations of section 402(r) resulting in the collection of penalties. ``(f) Definitions.--In this section, the terms `Great Lakes' and `Great Lakes States' have the meanings given such terms in section 118(a)(3).''. (b) Conforming Amendment to State Revolving Fund Program.--Section 607 of such Act (33 U.S.C. 1387) is amended-- (1) by inserting ``(a) In General.--'' before ``There is''; and (2) by adding at the end the following: ``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that such funds shall be made available to the Great Lakes States as provided in section 519.''.

Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to prohibit publicly owned treatment works (POTWs) from intentionally diverting waste streams to bypass any portion of the treatment facility if the diversion results in a discharge into the Great Lakes unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (2) there is no feasible alternative; and (3) the treatment works provides notice; or (4) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires: (1) such notice to be provided to the Administrator of the Environmental Protection Agency (EPA) (or to a state with an approved permit program) prior to an anticipated bypass or within 24 hours of becoming aware of an unanticipated bypass; and (2) follow-up notice regarding the cause and duration of, volume of discharge resulting from, and public access areas affected by an unanticipated bypass. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to implement this Act. Provides a maximum civil penalty for violations. Establishes the Great Lakes Cleanup Fund from which amounts shall be provided for improving wastewater discharges.

To amend the Federal Water Pollution Control Act to establish a deadline for restricting sewage dumping into the Great Lakes and to fund programs and activities for improving wastewater discharges into the Great Lakes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Trials Modernization Act of 2015''. SEC. 2. CLINICAL TRIAL MODERNIZATION. (a) Proposals for Use of Innovative Statistical Methods in Clinical Protocols for Drugs, Biological Products, and Devices.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506F (21 U.S.C. 356f) the following new section: ``SEC. 507. CLINICAL TRIAL MODERNIZATION. ``(a) In General.--To promote the efficiency of the development and regulatory review and approval, licensure, or clearance of drugs, biological products, and devices and the timely availability of innovative treatments, the Secretary shall, after providing notice and an opportunity for public comment, establish and implement a framework through which-- ``(1) sponsors of drugs, biological products, or devices may submit to the Secretary a proposal for the incorporation of adaptive trial designs, Bayesian methods, or other alternative statistical methods into proposed clinical protocols and marketing applications for drugs, biological products, or devices; and ``(2) the Secretary will commit to timelines for reviewing and providing feedback on proposals so submitted.''. (b) Guidance Addressing Use of Adaptive Trial Designs and Bayesian Methods.-- (1) In general.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (in this subsection referred to as the ``Secretary''), shall-- (A) update and finalize the draft guidance addressing the use of adaptive trial design for drugs and biological products; and (B) issue draft guidance on the use of Bayesian methods in the development and regulatory review and approval, licensure, or clearance of drugs, biological products, and devices. (2) Contents.--The guidances under paragraph (1) shall-- (A) establish or clarify standards for using adaptive trial designs and Bayesian methods in clinical trials, including clinical trials that form the primary basis for approval, clearance, or licensure of the products involved (such as trials that provide substantial evidence for the approval of drugs); (B) establish a mechanism for sponsors to obtain feedback from the Secretary under section 507, as added by subsection (a), on technical issues related to modeling and simulations prior to-- (i) completion of such modeling or simulations; or (ii) the submission of resulting information to the Secretary; (C) specify the types of quantitative and qualitative information required for review; and (D) specify the recommended analysis methodology. (3) Public meeting.--Prior to updating or developing the guidances required by paragraph (1), the Secretary shall consult, through a public meeting to be held no later than 1 year after the date of enactment of this Act, with stakeholders including representatives of regulated industry, academia, patient advocacy organizations, and disease research foundations. (4) Schedule.--The Secretary shall, after providing notice and opportunity for public comment, publish-- (A) the final guidance required by paragraph (1)(A) not later than 6 months after the date of the public meeting required by paragraph (3); and (B) the guidance required by paragraph (1)(B) not later than 12 months after the date of the public meeting required by paragraph (3). (5) Review and revision of guidance documents.--Not later than 48 months after the date of enactment of this Act, the Secretary shall review and, as appropriate, revise the guidance documents required by subparagraphs (A) and (B) of paragraph (1) to reflect developments in statistical methods that could be appropriate for use in clinical trials, including clinical trials that-- (A) form the primary basis for approval, clearance, or licensure of drugs, biological products or devices; or (B) provide substantial evidence for the approval of drugs. SEC. 3. EVALUATIONS OF REQUIRED POSTAPPROVAL STUDIES AND CLINICAL TRIALS. (a) In General.--Section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)) is amended by adding at the end the following new subparagraph: ``(G) Evaluations of required postapproval studies and clinical trials.-- ``(i) In general.--The Secretary shall establish a process under which the Secretary, on the initiative of the Secretary or at the request of a responsible person, shall periodically evaluate a postapproval study or clinical trial required to be conducted under this paragraph to determine whether-- ``(I) the trial or study is no longer scientifically warranted; or ``(II) the design, or the timelines applicable to the completion of, the study or trial should be renegotiated because of changes in medical practice or the standard of care. ``(ii) Not scientifically warranted.--In the case of a determination under clause (i)(I) that a postapproval study or clinical trial required to be conducted under this paragraph is no longer scientifically warranted, the Secretary shall no longer require the responsible person to conduct the study or trial. ``(iii) Renegotiation.--In the case of a determination under clause (i)(II) that the design, or the timelines applicable to the completion of, a postapproval study or clinical trial required to be conducted under this paragraph should be renegotiated, the Secretary shall enter into negotiations with the responsible person to make such changes as may be necessary to such design or timelines as the Secretary determines are necessary.''. (b) Guidance.--Not later than one year after the date of the enactment of this Act, the Secretary shall issue draft guidance on the implementation of subparagraph (G) of section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)), as added by subsection (a). Not later than two years after such date of enactment, the Secretary shall issue final guidance on such implementation.

Clinical Trials Modernization Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to allow sponsors of applications for new drugs, biological products, and medical devices to propose incorporation of alternative statistical methods, including adaptive trial design and Bayesian methods, into clinical trial protocols and marketing applications. The FDA is required to issue guidance that establishes or clarifies standards for using alternative statistical methods in clinical trials. The FDA must establish a process under which a post-approval study or clinical trial required by the FDA is periodically evaluated to determine whether the trial or study is no longer scientifically warranted or whether the design should be renegotiated because of changes in medical practice or the standard of care.

Clinical Trials Modernization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Housing Benefits Enhancement Act of 2007''. SEC. 2. HOME IMPROVEMENTS AND STRUCTURAL ALTERATIONS FOR TOTALLY DISABLED MEMBERS OF THE ARMED FORCES BEFORE DISCHARGE OR RELEASE FROM THE ARMED FORCES. Section 1717 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) In the case of a member of the Armed Forces who, as determined by the Secretary, has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service, the Secretary may furnish improvements and structural alterations for such member for such disability or as otherwise described in subsection (a)(2) while such member is hospitalized or receiving outpatient medical care, services, or treatment for such disability if the Secretary determines that such member is likely to be discharged or released from the Armed Forces for such disability. ``(2) The furnishing of improvements and alterations under paragraph (1) in connection with the furnishing of medical services described in subparagraph (A) or (B) of subsection (a)(2) shall be subject to the limitation specified in the applicable subparagraph.''. SEC. 3. SPECIALLY ADAPTED HOUSING ASSISTANCE FOR DISABLED VETERANS WITH SEVERE BURNS. Section 2101 of title 38, United States Code, is amended-- (1) in subsection (a)(2), by adding at the end the following new subparagraph: ``(E) The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).''; and (2) in subsection (b)(2)-- (A) by striking ``either'' and inserting ``any''; and (B) by adding at the end the following new subparagraph: ``(C) The disability is due to a severe burn injury (as so determined).''. SEC. 4. REPORT ON SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS. (a) In General.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that contains an assessment of the adequacy of the authorities available to the Secretary under law to assist disabled veterans in acquiring-- (1) suitable housing units with special fixtures or movable facilities required for their disabilities, and necessary land therefor; (2) such adaptations to their residences as are reasonably necessary because of their disabilities; or (3) residences already adapted with special features determined by the Secretary to be reasonably necessary as a result of their disabilities. (b) Focus on Particular Disabilities.--The report required by subsection (a) shall pay particular attention to the needs of veterans who have disabilities that are not described in subsections (a)(2) and (b)(2) of section 2101 of title 38, United States Code. SEC. 5. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES WITH SEVERE BURN INJURIES FOR AUTOMOBILES AND ADAPTIVE EQUIPMENT. Section 3901(1) of title 38, United States Code, is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or (iii)'' and inserting ``(iii), or (iv)''; and (B) by adding at the end the following new clause: ``(iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary); or''; and (2) in subparagraph (B), by striking ``or (iii)'' and inserting ``(iii), or (iv)''. SEC. 6. ADAPTED HOUSING ASSISTANCE FOR DISABLED MEMBERS OF THE ARMED FORCES RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER. (a) In General.--Subsection (a) of section 2102A of title 38, United States Code, is amended-- (1) by inserting ``(1)'' before ``In the case''; (2) by striking ``disabled veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title and'' and inserting ``person described in paragraph (2)''; (3) by striking ``such veteran's'' and inserting ``the person's''; (4) by striking ``the veteran'' and inserting ``the person''; (5) by striking ``the veteran's'' and inserting ``the person's''; and (6) by adding at the end the following new paragraph: ``(2) A person described in this paragraph is-- ``(A) a veteran who is described in subsection (a)(2) or (b)(2) of section 2101 of this title; or ``(B) a member of the Armed Forces who-- ``(i) has, as determined by the Secretary, a disability permanent in nature described in subsection (a)(2) or (b)(2) of section 2101 of this title that has incurred in the line of duty in the active military, naval, or air service; ``(ii) is hospitalized or receiving outpatient medical care, services, or treatment for such disability; and ``(iii) is likely to be discharged or released from the Armed Forces for such disability.''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (b), by striking ``veteran'' both places it appears and inserting ``person with a disability''; and (2) in subsection (c), by striking ``veteran'' and inserting ``person''. (c) Report on Assistance for Disabled Veterans and Members of the Armed Forces Who Reside in Housing Owned by Family Member on Permanent Basis.--Not later than December 31, 2007, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the advisability of providing assistance under section 2102A of title 38, United States Code, to veterans and members of the Armed Forces described in subsection (a) of such section, as amended by subsection (a) of this section, who reside with family members on a permanent basis.

Veterans' Housing Benefits Enhancement Act of 2007 - Authorizes the Secretary of Veterans Affairs, in the case of a member of the Armed Forces determined to have a total disability permanent in nature which was incurred or aggravated in the line of active duty, to furnish home improvements and structural alterations for the member for the disability while the member is hospitalized or receiving outpatient care, medical services, or treatment, if the Secretary determines that the member is likely to be discharged or released from the Armed Forces for such disability. Authorizes the provision of specially adapted housing assistance for: (1) disabled veterans whose disability is due to a severe burn injury; and (2) disabled members residing temporarily in housing owned by a family member. Makes veterans and members with a severe burn disability eligible for automobile and automotive adaptive equipment assistance.

A bill to amend title 38, United States Code, to provide certain housing benefits to disabled members of the Armed Forces, to expand certain benefits for disabled veterans with severe burns, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF NATIONAL DAM SAFETY PROGRAM ACT. (a) Short Title.--This Act may be cited as the ``Dam Safety and Security Act of 2002''. (b) Amendment of National Dam Safety Program Act.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Dam Safety Program Act (33 U.S.C. 467 et seq.). SEC. 2. INTERAGENCY COMMITTEE ON DAM SAFETY. Section 7(b) (33 U.S.C. 467e(b)) is amended-- (1) by striking ``Federal and State programs'' and inserting ``Federal programs''; and (2) by striking ``through--'' and all that follows through the period at the end and inserting ``through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.''. SEC. 3. NATIONAL DAM SAFETY PROGRAM. (a) In General.--Section 8(a)(3) (33 U.S.C. 467f(a)(3)) is amended-- (1) in subparagraph (B) by striking ``implementation plan described in subsection (e)'' and inserting ``strategic plan described in subsection (b)''; and (2) in subparagraph (C) by striking ``subsection (f)'' and inserting ``subsection (e)''. (b) Duties.--Section 8(b) (33 U.S.C. 467f(b)) is amended to read as follows: ``(b) Duties.--The Director shall prepare a strategic plan-- ``(1) to establish goals, priorities, and target dates to improve the safety of dams in the United States; and ``(2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States.''. (c) Objectives.--Section 8(c) (33 U.S.C. 467f(c)) is amended-- (1) in paragraph (5) by striking ``and'' at the end; (2) in paragraph (6) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States.''. (d) Functional Activities.--Section 8(d)(3)(A) (33 U.S.C. 467f(d)(3)(A)) is amended by striking ``and shall be'' and all that follows through the period at the end and inserting ``and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States.''. (e) Implementation Plan; Dam Safety Training.-- (1) In general.--Section 8 (33 U.S.C. 467f) is amended by striking subsections (e) and (g) and redesignating subsections (f) and (h) as subsections (e) and (f), respectively. (2) Conforming amendments.--Section 2 (33 U.S.C. 467) is amended-- (A) in paragraph (1) by striking ``section 8(h)'' and inserting ``section 8(f)''; and (B) in paragraph (12) by striking ``section 8(f)'' and inserting ``section 8(e)''. (f) Assistance for State Dam Safety Programs.--Section 8(e) (as redesignated by subsection (e) of this section) is amended-- (1) in paragraph (1) by striking ``the Director shall provide assistance'' and all that follows through the period at the end and inserting ``the Director shall provide assistance with amounts made available under section 13 to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).''; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``primary''; and (ii) by striking ``, and for a State to be eligible'' and all that follows before the colon; (B) in subparagraph (A)-- (i) in the matter preceding clause (i) by striking ``For a State to be eligible for assistance under this subsection, a State'' and inserting ``A State''; and (ii) in clause (vi) by inserting ``improve security,'' before ``revise operating procedures,''; and (3) in paragraph (3) by striking ``contract'' each place it appears and inserting ``agreement''. (g) Board.-- (1) Establishment.--Section 8(f)(1) (as redesignated by subsection (e) of this section) is amended-- (A) by striking ``The Director may establish'' and inserting ``The Director shall establish''; and (B) by striking ``to monitor'' and all that follows through the period at the end and inserting ``to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Director on national dam safety policy.''. (2) Voting membership.--Section 8(f)(3) (as redesignated by subsection (e) of this section) is amended-- (A) in the paragraph heading by striking ``Membership'' and inserting ``Voting membership''; (B) in the matter preceding subparagraph (A) by striking ``11 members'' and inserting ``11 voting members''; and (C) by striking subparagraphs (F) and (G) and inserting the following: ``(F) 5 members shall be selected by the Director from among State dam safety officials; and ``(G) 1 member shall be selected by the Director to represent the private sector.''. (3) Nonvoting membership; duties; work groups.--Section 8(f) (as redesignated by subsection (e) of this section) is amended-- (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (7), (8), and (9), respectively; and (B) by inserting after paragraph (3) the following: ``(4) Nonvoting membership.--The Director, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies or dam safety experts, as needed, to participate in meetings of the Board. ``(5) Duties.-- ``(A) In general.--The Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States. ``(B) Coordination and information exchange among agencies.--In carrying out subparagraph (A), the Board shall encourage coordination and information exchange among Federal and State dam safety agencies that share common problems and responsibilities for dam safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management. ``(6) Work groups.--The Director may establish work groups under the Board to assist the Board in accomplishing its goals. The work groups shall consist of members of the Board and other individuals selected by the Director.''. (4) Travel expenses.--Section 8(f) (as redesignated by subsection (e) of this section) is amended by striking paragraph (8) (as redesignated by paragraph (3)(A) of this subsection) and inserting the following: ``(8) Travel expenses.-- ``(A) Representatives of federal agencies.--To the extent amounts are madeavailable in advance in appropriations Acts, each member of the Board who represents a Federal agency shall be reimbursed of appropriations for travel expenses by his or her agency, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of services for the Board. ``(B) Other individuals.--To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a State agency, the member of the Board who represents the private sector, and each member of a work group created under paragraph (1) shall be reimbursed for travel expenses by FEMA, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from home or regular place of business of the member in performance of services for the Board.''. SEC. 4. RESEARCH. Section 9(a) (33 U.S.C. 467g) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``in cooperation with ICODS'' and inserting ``in cooperation with the Board''; and (B) by inserting ``and support'' after ``develop''; (2) in paragraph (1) by striking ``and'' at the end; (3) in paragraph (2) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(3) development and maintenance of information resources systems needed to support managing the safety of dams; and ``(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.''. SEC. 5. DAM SAFETY TRAINING. The Act (33 U.S.C. 467 et seq.) is amended-- (1) by redesignating sections 10, 11, and 12 as sections 11, 12, and 13, respectively; and (2) by inserting after section 9 the following: ``SEC. 10. DAM SAFETY TRAINING. ``At the request of any State that has or intends to develop a State dam safety program, the Director shall provide training for State dam safety staff and inspectors.''. SEC. 6. REPORTS. Section 11 (as redesignated by section 5 of this Act) is amended by striking subsection (a) and all that follows through ``(b) Biennial Reports.--''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Annual Amounts.--Section 13(a)(1) (as redesignated by section 5 of this Act) is amended-- (1) by striking ``sections 7, 8, and 10'' and inserting ``sections 7, 8, and 11''; and (2) by striking ``$1,000,000 for fiscal year 1998,'' and all that follows through the period at the end and inserting ``$6,000,000 for each of fiscal years 2003 through 2006, to remain available until expended.''. (b) Allocation.--Section 13(a)(2) (as redesignated by section 5 of this Act) is amended-- (1) in subparagraph (A) by striking ``section 8(f)'' each place it appears and inserting ``section 8(e)''; and (2) in subparagraph (C) by striking ``needing primary assistance and States needing advanced assistance under section 8(f)''. (c) Research; Dam Safety Training; Staff.--Section 13 (as redesignated by section 5 of this Act) is amended by striking subsections (c) through (e) and inserting the following: ``(c) Research.--There is authorized to be appropriated to carry out section 9 $1,500,000 for each of fiscal years 2003 through 2006, to remain until expended. ``(d) Dam Safety Training.--There is authorized to be appropriated to carry out section 10 $500,000 for each of fiscal years 2003 through 2006. ``(e) Staff.--There is authorized to be appropriated to FEMA for the employment of such additional staff personnel as are necessary to carry out sections 8 through 10 $600,000 for each of fiscal years 2003 through 2006.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Dam Safety and Security Act of 2002 - Amends the National Dam Safety Program Act to direct the Interagency Committee on Dam Safety to encourage the establishment and maintenance of effective Federal (currently, Federal and State) programs, policies, and guidelines intended to enhance dam safety.(Sec. 3) Requires the Director of the Federal Emergency Management Agency to prepare a strategic plan to establish: (1) goals, priorities, and target dates to improve dam safety; and (2) cooperation and coordination with, and assistance to, interested State governmental entities.Requires the Director to: (1) provide assistance to assist States in establishing, maintaining, and improving dam safety programs; and (2) establish the National Dam Safety Review Board to monitor State implementation (authorized under current law), to monitor the safety of dams in the United States, and to advise the Director on national dam safety policy. Provides for participation of representatives from Federal or State agencies or dam safety experts as nonvoting members in Board meetings.(Sec. 4) Requires technical and archival research to support: (1) development and maintenance of information resources systems needed to support managing dam safety; and (2) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.(Sec. 5) Requires the Director, at the request of any State that has or intends to develop a State dam safety program, to provide training for State dam safety staff and inspectors.(Sec. 7) Increases and extends through FY 2006 the authorization of appropriations for the national dam safety program, national dam research, and dam safety training and staffing requirements.

To reauthorize the national dam safety program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facility Accountability Act of 2013''. SEC. 2. FEDERAL FACILITIES. (a) Application to Federal Government.--Section 120(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)) is amended in the heading by striking ``of Act''. (b) Application of Requirements to Federal Facilities.--Section 120(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(2)) is amended-- (1) by striking ``preliminary assessments'' and inserting ``response actions''; (2) by inserting ``or'' after ``National Contingency Plan,''; (3) by striking ``, or applicable to remedial actions at such facilities''; and (4) by inserting ``or have been'' before ``owned or operated''. (c) Applicability of Laws.--Section 120(a)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) is amended to read as follows: ``(4) Applicability of laws.-- ``(A) In general.--Each department, agency, and instrumentality of the United States shall be subject to, and comply with, at facilities that are or have been owned or operated by any such department, agency, or instrumentality, State substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including State hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. ``(B) Compliance.-- ``(i) In general.--The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any State substantive or procedural requirement referred to in subparagraph (A). ``(ii) Injunctive relief.--Neither the United States, nor any agent, employee, nor officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any injunctive relief under subparagraph (C)(ii). ``(iii) Civil penalties.--No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any State substantive or procedural requirement referred to in subparagraph (A), or this Act, with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. ``(C) Substantive and procedural requirements.--The State substantive and procedural requirements referred to in subparagraph (A) include-- ``(i) administrative orders; ``(ii) injunctive relief; ``(iii) civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations; ``(iv) reasonable service charges or oversight costs; and ``(v) laws or regulations requiring the imposition and maintenance of engineering or land use controls. ``(D) Reasonable service charges or oversight costs.--The reasonable service charges or oversight costs referred to in subparagraph (C) include fees or charges assessed in connection with-- ``(i) the processing, issuance, renewal, or modification of permits; ``(ii) the review of plans, reports, studies, and other documents; ``(iii) attorney's fees; ``(iv) inspection and monitoring of facilities or vessels; and ``(v) any other nondiscriminatory charges that are assessed in connection with a State requirement regarding response relating to hazardous substances or pollutants or contaminants.''. SEC. 3. AUTHORITY TO DELEGATE, ISSUE REGULATIONS. Section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended by adding at the end the following new sentence: ``If the President delegates or assigns any duties or powers under this section to a department, agency, or instrumentality of the United States other than the Administrator, the Administrator may review, as the Administrator determines necessary or upon request of any State, actions taken, or regulations promulgated, pursuant to such delegation or assignment, for purposes of ensuring consistency with the guidelines, rules, regulations, or criteria established by the Administrator under this title.''.

Federal Facility Accountability Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to apply all guidelines, rules, regulations, and criteria applicable to response actions (currently, preliminary assessments) to address hazardous substances at facilities to those currently or formerly owned or operated by the United States. Requires federal facilities to comply with state substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including state hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. Waives sovereign immunity with respect to state substantive or procedural requirements. Prohibits an agent, employee, or officer of the United States from being: (1) immune or exempt from injunctive relief with respect to such state requirements, and (2) personally liable for any civil penalty under such requirements or CERCLA with respect to any act or omission within the scope of their official duties. Provides that state substantive and procedural requirements include administrative orders, injunctive relief, civil and administrative penalties and fines, reasonable service charges or oversight costs, and laws or regulations requiring the imposition and maintenance of engineering or land use controls. (Sec. 3) Authorizes the Administrator of the Environmental Protection Agency (EPA) to review as determined necessary, or upon state request, actions taken or regulations promulgated pursuant to any duties or powers delegated or assigned by the President to a department, agency, or instrumentality of the United States other than EPA to ensure consistency with the guidelines, rules, regulations, or criteria established by the Administrator.

Federal Facility Accountability Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Right of Passage Community Service Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The teenage years are a pivotal time of life, when young people are making choices that will effect them for the rest of their lives. (2) How young people spend their time during their teenage years may set them on a course of active citizenship and engaged learning, or down a path of risky behavior with the likelihood of failure. (3) Research suggests that when young people see that they are able to improve the lives of others they feel that they are able to control and improve their own lives. (4) If properly trained, organized, and supervised, teenagers are a resource that can make a significant contribution to their communities. (5) Opportunities for volunteer service during the teenage years could become a right of passage for future generations. (6) The National Academy of Sciences Report on Youth Development concluded that ``the future well-being of the country depends on raising generations of skilled, competent, and responsible adults''. (b) Purpose.--It is the purpose of this Act to-- (1) create a national network of service programs for middle school students to serve in their communities after school and during the summer; (2) provide students with opportunities to serve in their communities and participate in other programs such as workshops in leadership development, public speaking, conflict resolution, team-building, and other character-building programs; (3) provide young people an experience that reinforces their connection to the community, enriches their education, and strengthens their personal and civic values; and (4) instill an ethic of service in young people which will stay with them throughout their lives. SEC. 3. RIGHT OF PASSAGE COMMUNITY SERVICE PROGRAM. (a) Establishment.--Section 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended-- (1) by redesignating paragraph (15) as paragraph (16); and (2) by inserting after paragraph (14) the following: ``(15) A community-based Right of Passage after school and summer service corps program that offers young people-- ``(A) the opportunity to perform service in their communities; ``(B) the opportunity to participate in activities that would provide training in leadership development, public speaking, conflict resolution, team building, and other critical skills; ``(C) service-learning curricula linked to academic goals; and ``(D) the opportunity to work with older AmeriCorps members who can organize service projects and act as mentors.''. (b) Eligibility.--Section 137 of such Act (42 U.S.C. 12591) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Special Rules for Right of Passage Program.--An individual shall be considered to be a participant in a Right of Passage community-based after school or summer service corps program described in section 122(a)(15) (42 U.S.C. 12591) that is carried out with assistance provided under section 121(a) (42 U.S.C. 12571) if the individual-- ``(1) satisfies the requirements of paragraphs (1), (2), and (6) of subsection (a); and ``(2) is between the ages of 12 and 16, inclusive at the time the individual begins the term of service.''. (c) Terms of Service.--Section 139(b) of such Act (42 U.S.C. 12593(b)) is amended by adding at the end the following: ``(4) Special rule for right of passage program.--An individual participating in a Right of Passage community-based after school or summer service corps program described in section 122(a)(15) shall agree to participate in the program for not less than 160 hours during a period of not less than 2 months and not more than 1 year.''. (d) National Service Educational Award.-- (1) Special rule for right of passage program.--Section 141 of such Act (42 U.S.C. 12595) is amended by adding at the end the following: ``(c) Special Rule for Right of Passage Program.--An individual participating in a Right of Passage community-based after school or summer service corps program described in section 122(a)(15), upon completion of the required 160 hours of service shall receive an education award of $500.''. (2) Eligible individuals.--Section 146 is amended-- (A) in subsection (a)(2) by striking ``or a program described in section 122(a)(9);'' and inserting ``, a program described in section 122(a)(9), or a program described in section 122(a)(15);''; and (B) in subsection (d)(2)-- (i) in subparagraph (A), by striking ``or''; (ii) in subparagraph (B), by striking ``period.'' and inserting ``period; or''; and (iii) by adding at the end the following: ``(C) participated in a program described in section 12572(a)(15).''. SEC. 4. REPORT. Not later than 3 years after the date of enactment of this Act, the Corporation shall transmit to the Congress a report and evaluation of the program authorized by this Act.

Right of Passage Community Service Act - Amends the National and Community Service Act of 1990 to add to the list of national service programs eligible for Federal assistance a community-based Right of Passage after school and summer service corps program. Establishes qualifications for participating students, including that they be between ages 12 and 16 at the time they begin serving. Specifies skills such as leadership and conflict resolution that the program will help students develop.Requires participants to spend at least 160 hours in the program during a period of between two months and one year. Rewards participants upon service completion with a national service education award of $500.

To amend the National and Community Service Act of 1990 to create the Right of Passage Community Service Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2004''. SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT. (a) In General.--Section 901 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230) is amended in the second sentence by striking ``twenty thousand acres generally depicted on the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical Park and Preserve' numbered 90,000B and dated April 1978,'' and inserting ``23,000 acres generally depicted on the map entitled `Boundary Map, Barataria Preserve Unit, Jean Lafitte National Historical Park and Preserve', numbered 467/80100, and dated August 2002,''. (b) Acquisition of Land.--Section 902 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230a) is amended-- (1) in subsection (a)-- (A) by striking ``(a) Within the'' and all that follows through the first sentence and inserting the following: ``(a) In General.-- ``(1) Barataria preserve unit.-- ``(A) In general.--The Secretary may acquire any land, water, and interests in land and water within the boundary of the Barataria Preserve Unit, as depicted on the map described in section 901, by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange. ``(B) Limitations.-- ``(i) In general.--With respect to the areas on the map identified as `Bayou aux Carpes Addition' and `CIT Tract Addition'-- ``(I) any Federal land acquired in the areas shall be transferred without consideration to the administrative jurisdiction of the National Park Service; and ``(II) any private land in the areas may be acquired by the Secretary only with the consent of the owner of the land. ``(ii) Easements.--Any Federal land in the area identified on the map as `CIT Tract Addition' that is transferred under clause (i)(I) shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army.''; (B) in the second sentence, by striking ``The Secretary may also'' and inserting the following: ``(2) French quarter.--The Secretary may''; (C) in the third sentence, by striking ``Lands, waters, and interests therein'' and inserting the following: ``(3) Acquisition of state land.--Land, water, and interests in land and water''; and (D) in the fourth sentence, by striking ``In acquiring'' and inserting the following: ``(4) Acquisition of oil and gas rights.-- In acquiring''; (2) by striking subsections (b) through (f) and inserting the following: ``(b) Resource Protection.--With respect to the land, water, and interests in land and water of the Barataria Preserve Unit, the Secretary shall preserve and protect-- ``(1) fresh water drainage patterns; ``(2) vegetative cover; ``(3) the integrity of ecological and biological systems; and ``(4) water and air quality.''; and (3) by redesignating subsection (g) as subsection (c). (c) Hunting, Fishing, and Trapping.--Section 905 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the first sentence by striking ``within the core area and on those lands acquired by the Secretary pursuant to section 902(c) of this title, he'' and inserting ``the Secretary''. (d) Administration.--Section 906 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230e) is amended-- (1) by striking the first sentence; and (2) in the second sentence, by striking ``Pending such establishment and thereafter the'' and inserting ``The''. SEC. 3. REFERENCES IN LAW. (a) In General.--Any reference in a law (including regulations), map, document, paper, or other record of the United States-- (1) to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit; or (2) to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve. (b) Conforming Amendments.--Title IX of the National Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended-- (1) by striking ``Barataria Marsh Unit'' each place it appears and inserting ``Barataria Preserve Unit''; and (2) by striking ``Jean Lafitte National Historical Park'' each place it appears and inserting ``Jean Lafitte National Historical Park and Preserve''. Passed the Senate September 15, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2004 - Amends the National Parks and Recreation Act of 1978 to: (1) adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in Louisiana by increasing the acreage limitation; and (2) authorize the Secretary of the Interior to acquire any such additional land, water, and interests in land and water by donation, purchase, transfer from any other Federal agency, or exchange. Requires, with respect to the Bayou aux Carpes Addition and the CIT Tract Addition, any federal land acquired in such Additions to be transferred without consideration to the administrative jurisdiction of the National Park Service. Permits the acquisition of any private land in those Additions only with the owner's consent. Subjects any Federal land in the CIT Tract Addition to any easements that have been agreed to by the Secretary and the Secretary of the Army. Modifies and/or eliminates certain provisions related to the acquisition of property within the Unit. Permits hunting, fishing, and trapping within the Unit. (Currently, excludes such activities within the core area of the Unit and on certain lands acquired by the Secretary within the Unit.) Continues to provide for the designation of zones where, and established periods when, no hunting, fishing, or trapping shall be permitted except for public safety reasons.

A bill to adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in the State of Louisiana, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puget Sound Regional Shellfish Settlement Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Tribes have established treaty rights to take shellfish from public and private tidelands in Washington State, including from some lands owned, leased, or otherwise subject to harvest by commercial shellfish Growers; (2) the district court that adjudicated the Tribes' treaty rights to take shellfish found that the Growers are innocent purchasers who had no notice of the Tribes' fishing right when they acquired their properties; (3) numerous unresolved issues remain outstanding regarding implementation of the Tribes' treaty right to take shellfish from lands owned, leased, or otherwise subject to harvest by the Growers; (4) the Tribes, the Growers, the State of Washington, and the United States Department of the Interior have resolved by a Settlement Agreement many of the disputes between and among them regarding implementation of the Tribes' treaty right to take shellfish from covered tidelands owned or leased by the Growers; (5) the Settlement Agreement does not provide for resolution of any claims to take shellfish from lands owned or leased by the Growers that potentially may be brought in the future by ``Other Tribes''; (6) in the absence of congressional actions, the prospect of ``Other Tribes'' claims to take shellfish from lands owned or leased by the Growers could be pursued through the courts, a process which in all likelihood could consume many years and thereby promote uncertainty in the State of Washington and the Growers and to the ultimate detriment of both the Tribes and Other Tribes and their members; (7) in order to avoid this uncertainty, it is the intent of Congress that Other Tribes have the option of resolving their claims, if any, to a treaty right to take shellfish from covered tidelands owned or leased by the Growers; and (8) this Act represents a good faith effort on the part of Congress to extend to Other Tribes the same fair and just option of resolving their claims to take shellfish from covered tidelands owned or leased by the Growers that the Tribes have agreed to in the Settlement Agreement. (b) Purpose.--The purposes of this Act are-- (1) to approve, ratify, and confirm the Settlement Agreement entered into by and among the Tribes, commercial shellfish growers, the State of Washington and the United States on _____, 2006; (2) to provide Other Tribes with a fair and just resolution of any claims to take shellfish from ``covered tidelands'', as that term is defined in the Settlement Agreement, that potentially could be brought in the future by Other Tribes; and (3) to authorize the Secretary to implement the terms and conditions of the Settlement Agreement and this Act. SEC. 3. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Puget Sound Shellfish Settlement Trust Fund Account established by this Act. (2) Growers.--The term ``Growers'' means Taylor United, Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric E. Lindsay; Minterbrook Oyster Company; Charles and Willa Murray; Skookum Bay Oyster Company; J & G Gunstone Clams, Inc.; and all persons who qualify as ``growers'' in accordance with and pursuant to the Settlement Agreement. (3) Other tribes.--The term ``Other Tribes'' means any federally recognized Indian nation or tribe other than the Tribes defined by this section that, within 20 years after the deposit of funds in the Special Holding Account, establishes a legally enforceable treaty right to take shellfish from covered tidelands described in the Settlement Agreement, owned, leased or otherwise subject to harvest by those persons or entities that qualify as Growers. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Settlement agreement.--The term ``Settlement Agreement'' means the Settlement Agreement entered into by and between the Tribes, commercial shellfish Growers, the State of Washington and the United States, signed on _________, 2006, to resolve certain disputes between and among them regarding implementation of the Tribes' treaty right to take shellfish from certain covered tidelands owned, leased or otherwise subject to harvest by the Growers. (6) Tribes.--The term ``Tribes'' means the following federally recognized Tribes that executed the Settlement Agreement: Tulalip, Stillaguamish, Sauk Suiattle, Puyallup, Squaxin Island, Makah, Muckleshoot, Upper Skagit, Nooksack, Nisqually, Skokomish, Port Gamble S'Klallam, Lower Elwha Klallam, Jamestown S'Klallam, and Suquamish Tribes, the Lummi Nation, and the Swinomish Indian Tribal Community. (7) Special holding account.--The term ``Special Holding Account'' means the Puget Sound Shellfish Settlement Special Holding Account established by this Act. SEC. 4. APPROVAL OF SETTLEMENT AGREEMENT. (a) In General.--The Settlement Agreement is hereby approved, ratified, and confirmed, and section 6 of the Settlement Agreement, Release of Claims, is specifically adopted and incorporated into this Act as if fully set forth herein. (b) Authorization for Implementation.--The Secretary is hereby authorized to implement the terms and conditions of the Settlement Agreement in accordance with the Settlement Agreement and this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated the sum of $23,500,000 to carry out this Act as follows: (1) $2,000,000 for fiscal year 2007. (2) $5,000,000 for each of fiscal years 2008 through 2010. (3) $6,500,000 for fiscal year 2011. SEC. 6. FUND, SPECIAL HOLDING ACCOUNT, AND CONDITIONS. (a) Puget Sound Regional Shellfish Settlement Trust Fund.-- (1) There is hereby established in the Treasury of the United States an account to be designated as the ``Puget Sound Regional Shellfish Settlement Trust Fund''. The Secretary shall deposit funds in the amount of $22,000,000 at such time as appropriated pursuant to section 5 into the Fund. (2) The Fund shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 as amended (25 U.S.C. 162a) until such time that all monies are transferred from the Fund. (3) The Secretary shall transfer monies held in the Fund to each Tribe of the Tribes in the amounts and manner specified by and in accordance with the payment agreement established pursuant to the Settlement Agreement and this Act. (b) Puget Sound Regional Shellfish Settlement Special Holding Account.-- (1) There is hereby established in the Treasury of the United States a fund to be designated as the ``Puget Sound Regional Shellfish Settlement Special Holding Account''. The Secretary shall deposit funds in the amount of $1,500,000 into the Special Holding Account in fiscal year 2011 at such time as appropriated pursuant to section 5. (2) The Special Holding Account shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 as amended (25 U.S.C. 162a) until such time that all monies are transferred from the Special Holding Account. (3) If a court of competent jurisdiction renders a final decision declaring that any of the Other Tribes has an established treaty right to take or harvest shellfish in covered tidelands, as that term is defined in the Settlement Agreement, and such tribe opts to accept a share of the Special Holding Account, rather than litigate this claim against the Growers, the Secretary shall transfer the appropriate share of the monies held in the Special Holding Account to each such tribe of the Other Tribes in the amounts appropriate to compensate the Other Tribes in the same manner and for the same purposes as the Tribes who are signatory to the Settlement Agreement. Such a transfer to a tribe shall constitute full and complete satisfaction of that tribe's claims to shellfish on the covered tidelands. (4) The Secretary may retain such amounts of the Special Holding Account as necessary to provide for additional tribes that may judicially establish their rights to take shellfish in the covered tidelands within the term of that Account, provided that the Secretary pays the remaining balance to the Other Tribes prior to the expiration of the term of the Special Holding Account. (5) The Tribes shall have no interest, possessory or otherwise, in the Special Holding Account. (6) Twenty years after the deposit of funds into the Special Holding Account, the Secretary shall close the Account and transfer the balance of any funds held in the Special Holding Account at that time to the Treasury. However, the Secretary may continue to maintain the Special Holding Account in order to resolve the claim of an Other Tribe that has notified the Secretary in writing within the 20-year term of that Tribe's interest in resolving its claim in the manner provided for in this Act. (7) It is the intent of Congress that the Other Tribes, if any, shall have the option of agreeing to similar rights and responsibilities as the Tribes that are signatories to the Settlement Agreement, if they opt not to litigate against the Growers. (c) Annual Report.--Each tribe of the Tribes, or any of the Other Tribes accepting a settlement of its claims to shellfish on covered lands pursuant to (b)(3), shall submit to the Secretary an annual report that describes all expenditures made with monies withdrawn from the Fund or Special Holding Account during the year covered by the report. (d) Judicial and Administrative Action.--The Secretary may take judicial or administrative action to ensure that any monies withdrawn from the Fund or Special Holding Account are used in accordance with the purposes described in the Settlement Agreement and this Act. (e) Clarification of Trust Responsibility.--Beginning on the date that monies are transferred to a tribe of the Tribes or a tribe of the Other Tribes pursuant to this Act, any trust responsibility or liability of the United States with respect to the expenditure or investment of the monies withdrawn shall cease. SEC. 7. STATE OF WASHINGTON PAYMENT. The Secretary shall not be accountable for nor incur any liability for the collection, deposit, management or nonpayment of the State of Washington payment of $11,000,000 to the Tribes pursuant to the Settlement Agreement. SEC. 8. RELEASE OF OTHER TRIBES CLAIMS. (a) Right to Bring Actions.--As of the date of enactment of this Act, all right of any Other Tribes to bring an action to enforce or exercise its treaty rights to take shellfish from public and private tidelands in Washington State, including from some lands owned, leased, or otherwise subject to harvest by any and all Growers shall be determined in accordance with the decisions of the Courts of the United States in United States v. Washington, Civ. No. 9213 (Western District of Washington). (b) Certain Rights Governed by This Act.--If a tribe falling within the category Other Tribes opts to resolve its claims to take shellfish from covered tidelands owned or leased by the Growers pursuant to section 6(b)(3) of this Act, that tribe's rights shall be governed by this Act, as well as by the decisions of the Courts in United States v. Washington, Civ. No. 9213. (c) No Breach of Trust.--Notwithstanding whether the United States has a duty to initiate such an action, the failure or declination by the United States to initiate any action to enforce any Other Tribe(s) treaty rights to take shellfish from public and private tidelands in Washington State, including from covered tidelands owned, leased, or otherwise subject to harvest by any and all Growers shall not constitute a breach of trust by the United States or be compensable to Other Tribes. SEC. 9. CAUSE OF ACTION. If any payment by the United States is not paid in the amount or manner specified by this Act, or is not paid within 6 months after the date specified by the Settlement Agreement, such failure shall give rise to a cause of action by the Tribes either individually or collectively against the United States for money damages for the amount authorized but not paid to the Tribes, and the Tribes, either individually or collectively, are authorized to bring an action against the United States in the United States Court of Federal Claims for such funds plus interest.

Puget Sound Regional Shellfish Settlement Act of 2006 - Approves, ratifies, and confirms the Settlement Agreement entered into by and between specified Indian tribes in the region of Puget Sound, Washington, commercial shellfish growers, the state of Washington, and the United States to resolve certain disputes regarding implementation of tribal treaty rights to take shellfish from certain covered tidelands owned, leased or otherwise subject to harvest by the growers. Establishes in the Treasury the Puget Sound Regional Shellfish Settlement Trust Fund and the Puget Sound Regional Shellfish Settlement Special Holding Account. Declares that the Secretary of the Interior shall not be accountable for nor incur any liability for the collection, deposit, management, or nonpayment of a specified state of Washington payment to the tribes pursuant to the Settlement Agreement. Declares that all right of any other tribe, within 20 years after the deposit of funds in the Special Holding Account, to bring an action to enforce or exercise its treaty rights to take shellfish from public and private tidelands in Washington, including from some lands owned, leased, or otherwise subject to harvest by any and all commercial growers, shall be determined in accordance with the decisions of federal courts in United States v. Washington. Provides that if any payment by the United States is not paid in the amount or manner specified by this Act, or is not paid within six months after the date specified by the Settlement Agreement, such failure shall give rise to a cause of action by the tribes against the United States. Authorizes the tribes to bring such an action in the U.S. Court of Federal Claims.

To provide for the equitable settlement of claims of Indian tribes in the region of Puget Sound, Washington regarding treaty rights to take shellfish from lands in that region, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Heroes Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Each State has chosen statues of 2 local heroes to exhibit in the Capitol. (2) Most of these heroes depict figures who lived during the early years of the Nation's history. (3) The completion of the construction of the Capitol Visitor Center will increase the size of the public space inside the Capitol complex, making more space available in which statues of noteworthy Americans should be displayed. (4) On September 11, 2001, the passengers of United Airlines flight number 93 made a unique contribution which helped to protect the Capitol from attack. SEC. 3. STATE HERO DESIGNATION. (a) In General.--Each State may provide 1 statue of an individual representing that State which shall be displayed in the Capitol Visitor Center. (b) Criteria for Heroes.--The statues displayed in the Capitol Visitor Center shall be depictions of individuals who participated in the life of the State they represent in ways that will inspire young Americans to embrace the ideals of the United States as reflected in the Constitution. (c) Selection of Heroes.--No statue shall be displayed in the Capitol Visitor Center unless the individual depicted in the statue was selected in the manner described in section 4. (d) American Hero Administrator.-- (1) In general.--The Clerk of the House of Representatives and the Secretary of the Senate shall jointly assign to 1 of their employees the post of the American Hero Administrator, with such term as agreed upon by the Clerk and the Secretary. (2) Statue guidelines.--The American Hero Administrator shall prepare guidelines establishing the size, weight, and other necessary restrictions to be placed on the statues to be displayed in the Capitol Visitor Center under this Act. SEC. 4. STATE AMERICAN HERO COMMISSIONS. (a) In General.--In order for a statue provided by a State to be placed in the Capitol Visitor Center under this Act, the State shall establish an American Hero Commission to select the individual to represent that State. (b) Duties of the Commission.-- (1) Selection of heroes.--Each American Hero Commission shall choose, by a majority vote, after considering any suggestions submitted under subsection (b), the individual whose statue will represent the State of that Commission. (2) Commission and delivery of statue.--Each American Hero Commission shall commission an artist to design and create the statue and shall arrange for the delivery of the statue to the Capitol Visitor Center. (3) Procurement of funds.--Each American Hero Commission shall raise private or State funds to pay for the cost of commissioning the statue and delivering it to the Capitol Visitor Center. (c) Commissioners.-- (1) Appointment.--Each American Hero Commission shall be comprised of commissioners who are appointed by Members of Congress. (2) Number.--Each Member of Congress shall appoint 1 commissioner to the American Hero Commission for that Member's State so that the total number of commissioners shall be equal to the number of Senators plus the number of Members of the House of Representatives for the State. (3) Qualifications.--Commissioners shall be individuals who are respected in their communities and who are residents in good standing of the State represented by the appointing Member. (4) Compensation.--Commissioners shall serve on the American Hero Commission without compensation. (5) Administration.--The commissioners of each American Hero Commission shall establish the rules, meeting schedules, and deadlines that they consider appropriate in carrying out their duties. (d) Consultation of Essays.-- (1) Request for essays.--Each American Hero Commission shall ask that young people who are between the ages of 14 and 18 and who live in the State to write essays suggesting individuals to represent the State in a statue displayed in the Capitol Visitor Center under this Act and to submit the essays to the Commission. (2) Consultation.--In determining who will represent their State, the commissioners of each American Hero Commission shall consider any individuals suggested in the essays submitted under paragraph (1). SEC. 5. STATUE HONORING THE PASSENGERS OF FLIGHT 93. (a) Procurement and Installation of Statue.--The Architect of the Capitol shall procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001 for their heroic role in protecting Washington, DC from attack. (b) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.

American Heroes Act - Authorizes each State to provide one statue of an individual representing that State to be displayed in the Capitol Visitor Center. Specifies criteria for such statues. Requires the Clerk of the House of Representatives and the Secretary of the Senate to assign jointly to one of their employees the post of the American Hero Administrator to prepare statue guidelines. Requires: (1) a State to establish an American Hero Commission to select the individual to represent that State; and (2) the Architect of the Capitol to procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001, for their heroic role in protecting Washington, D.C. from attack.

To permit each State to provide a statue of an individual representing that State to be displayed in the Capitol Visitor Center, and for other purposes.

SECTION 1. REDEPLOYMENT OF UNITED STATES ARMED FORCES AND DEFENSE CONTRACTORS FROM IRAQ. (a) Commencement of Redeployment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall commence the redeployment of units and members of the Armed Forces deployed in Iraq as part of Operation Iraqi Freedom and contractors operating in Iraq and funded using amounts appropriated to the Department of Defense. (b) Completion of Redeployment.--The Secretary of Defense shall complete the redeployment of the Armed Forces and defense contractors from Iraq within 180 days beginning on the date of the commencement of the redeployment required under subsection (a). (c) Prohibition on Use of Funds To Increase Armed Forces Serving in Iraq.--Funds appropriated or otherwise made available to the Department of Defense under any provision of law may not be obligated or expended to increase the number of members of the Armed Forces serving in Iraq in excess of the number of members serving in Iraq as of January 1, 2007, unless the increase has been specifically authorized in advance by an Act of Congress. (d) Authority To Determine Locations Outside of Iraq for Redeployment.--Nothing in this section shall be construed to restrict the locations outside of Iraq to which units and members of the Armed Forces redeployed from Iraq may be transferred, including redeployment to an adjacent or nearby country at the invitation of the government of the country or redeployment to bolster military forces deployed in Afghanistan as part of Operation Enduring Freedom. (e) Authority To Retain Armed Forces in Iraq for Limited Purposes.--The Secretary of Defense may retain in Iraq members of the Armed Forces for the purpose of providing security for the United States Embassy and other United States diplomatic missions in Iraq; protecting American citizens, including members of the Armed Forces; serving in roles consistent with customary diplomatic positions; engaging in targeted special actions limited in duration and scope to killing or capturing members of al-Qaeda and other terrorist organizations with global reach; and training and equipping members of the Iraqi Security Forces. At the request of the Government of Iraq, the Secretary of Defense may retain in Iraq members of the Army Corps of Engineers and defense contractors engaged in reconstruction projects in Iraq, to the extent necessary to complete such projects. (f) Availability of Funds for Safe and Orderly Redeployment.-- Notwithstanding any other provision of law, funds appropriated or otherwise made available in any Act are immediately available for obligation and expenditure to plan and execute a safe and orderly redeployment of the Armed Forces and defense contractors from Iraq, as required by this section. (g) Transfer of United States Military Facilities in Iraq.--The President of the United States shall transfer to the Government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to the Department of Defense and occupied by a unit of the Armed Forces. (h) Prohibition on Use of Funds To Further Deploy United States Armed Forces to Iraq.--Beginning on the date of the completion of the redeployment of the Armed Forces from Iraq under subsection (b), funds appropriated or otherwise made available under any provision of law may not be obligated or expended to further deploy units or members of the Armed Forces to Iraq, including through participation in any multinational force in Iraq, except as provided under subsection (e) or unless such deployment of units or members of the Armed Forces is specifically authorized in advance by an Act of Congress. (i) Assistance to Iraqi Security Forces and Multinational Forces in Iraq.--Nothing in this section shall be construed to prohibit or otherwise restrict the use of funds available to the Department of Defense for the purpose of providing financial assistance or equipment to the Iraqi Security Forces or multinational forces providing security or training in Iraq at the request of the Government of Iraq. (j) Continuation of Diplomatic, Social, and Economic Reconstruction Activities in Iraq.--Nothing in this section shall be construed to prohibit or otherwise restrict the use of funds available to any department or agency of the United States (other than the Department of Defense) to carry out diplomatic, social, and economic reconstruction activities in Iraq at the request of the Government of Iraq. (k) Asylum or Other Means of Protection for Iraqi Citizens.-- Nothing in this section shall be construed to prohibit or otherwise restrict the authority of the President to arrange asylum or other means of protection for Iraqi citizens who might be physically endangered by the redeployment of the Armed Forces from Iraq. (l) Definition.--In this section, the term ``Armed Forces'' has the meaning given the term in section 101(a)(4) of title 10, United States Code.

Requires the Secretary of Defense: (1) within 90 days after the enactment of this Act, to commence the redeployment of units and members of the Armed Forces (U.S. forces) deployed in Iraq as part of Operation Iraqi Freedom and defense contractors operating in Iraq and funded using amounts appropriated to the Department of Defense (DOD); and (2) to complete such redeployment within 180 days after its commencement. Prohibits the use of DOD funds to increase the number of U.S. forces serving in Iraq in excess of the number of U.S. forces serving in Iraq as of January 1, 2007, unless specifically authorized by Congress. Authorizes the Secretary to retain in Iraq U.S. forces for: (1) providing security for embassy and diplomatic missions; (2) protecting American citizens; (3) serving in roles consistent with diplomatic positions; (4) engaging in targeted special actions of killing or capturing members of al-Qaeda and other terrorist organizations with global reach; and (5) training and equipping members of the Iraqi Security Forces. Makes funds immediately available to plan and execute a redeployment of U.S. forces and defense contractors from Iraq. Requires the President to transfer to the government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to DOD and occupied by U.S. forces. Prohibits any funds from being used to further deploy U.S. forces to Iraq after completion of the redeployment, unless specifically authorized by Congress. Prohibits anything in this Act from being construed to: (1) restrict the locations outside of Iraq to which U.S. forces redeployed from Iraq may be transferred; (2) prohibit or otherwise restrict the use of funds available to DOD for the purpose of providing financial assistance or equipment to the Iraqi Security Forces or multinational forces providing security or training in Iraq at the request of the government of Iraq; (3) prohibit or otherwise restrict the use of funds available to any department or agency of the United States (other than DOD) to carry out diplomatic, social, and economic reconstruction activities in Iraq at the request of the government of Iraq; and (4) prohibit or otherwise restrict the authority of the President to arrange asylum or other means of protection for Iraqi citizens who might be physically endangered by the redeployment of U.S. forces from Iraq.

To provide for the redeployment of United States Armed Forces and defense contractors from Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Force Enhancement for Technology Transfer Act''. SEC. 2. FINDING AND PURPOSE. (a) Findings.--Congress finds and declares the following: (1) Skilled American workers are as essential to the Nation's productivity and long-term competitiveness as are new technologies. As technologies become more sophisticated and computer controlled, managers and other workers in manufacturing firms who are skilled in the effective utilization and operation of those advanced and modern technologies will become increasingly important to the Nation's international competitiveness, standard of living, and national security. (2) When United States manufacturing firms invest in advanced and modern technologies, they can increase their productivity and competitiveness by simultaneously investing in targeted worker training for the effective utilization and operation of those specific technologies. (3) United States manufacturing firms, particularly smaller firms, are increasingly turning to the expanding technology extension activities of the Department of Commerce's National Institute of Standards and Technology for technical and managerial assistance in order to identify and install the best and most appropriate advanced and modern technologies. (4) With its extensive knowledge of the best available technologies, the National Institute of Standards and Technology, with its associated Regional Centers for the Transfer of Manufacturing Technology and, when established, its Manufacturing Outreach Centers, can provide training in the effective utilization and operation of these technologies, can promote the development of effective training materials for these technologies, and can serve as a clearinghouse for information on the best available training materials. (b) Purpose.--It is the purpose of this Act to enhance the international competitiveness, standard of living, and national security of the United States by expanding the current technology extension activities of the Department of Commerce's National Institute of Standards and Technology (hereafter in this Act referred to as the ``Institute'') to include worker training in the effective utilization and operation of specific advanced and modern technologies. SEC. 3. WORKER TRAINING ACTIVITIES. In addition to existing responsibilities and authorities prescribed by law, the Secretary of Commerce (hereafter in this Act referred to as the ``Secretary''), through the Director of the Institute (hereafter in this Act referred to as the ``Director''), shall direct Regional Centers for the Transfer of Manufacturing Technology and, when established, Manufacturing Outreach Centers, to utilize, when appropriate, their expertise and capability to assist managers and other workers in United States manufacturing firms in effectively utilizing and operating advanced and modern technologies-- (1) by making available assessments of the needs of United States manufacturing firms for worker training in the effective utilization and operation of specific technologies the firms have adopted or are planning to adopt; (2) by making available to United States manufacturing firms information on commercially and publicly provided worker training services, including those provided by United States sources of technologies, in the effective utilization and operation of specific technologies the firms have adopted or are planning to adopt; and (3) by making available to United States manufacturing firms accessible and affordable training services for the effective utilization and operation of specific technologies the firms have adopted or are planning to adopt when such training is not available from commercially or other publicly provided training services. SEC. 4. WORKER TRAINING ANALYSIS AND INFORMATION DISSEMINATION. In addition to existing responsibilities and authorities prescribed by law, the Secretary, through the Director and in consultation with appropriate Federal officials and with leaders of industry and labor, shall assist managers and other workers in United States manufacturing firms in effectively utilizing and operating advanced and modern technologies-- (1) by establishing and managing a clearinghouse for information, to be available through the National Technology Transfer Center to the Regional Centers for the Transfer of Manufacturing Technology, to the Manufacturing Outreach Centers when they are established, to other technology training entities, or directly to United States manufacturing firms, on the best available training material and services for the effective utilization and operation of specific advanced and modern technologies; (2) by encouraging United States providers of advanced and modern technologies for manufacturing firms to develop training material specifically designed for the managers and other workers responsible for utilizing and operating such technologies; and (3) by establishing as an important criterion in the assessment of advanced and modern technologies the availability of training material specifically designed for the managers and other workers responsible for utilizing and operating such technologies. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the establishment and management of a technology training clearinghouse $2,000,000 for fiscal year 1994 and $3,000,000 for each of fiscal years 1995 and 1996.

Work Force Enhancement for Technology Transfer Act - Requires the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to direct Regional Centers for the Transfer of Manufacturing Technology and, when established, Manufacturing Outreach Centers, to assist managers and other workers in U.S. manufacturing firms in using advanced and modern technologies, through needs assessments, information, and training services. Requires the Secretary, through the Director, to assist such managers and other workers in such use by: (1) establishing an information clearinghouse on the best available training material and services; (2) encouraging U.S. providers of such technologies for manufacturing firms to develop training material specifically designed for the managers and other workers responsible; and (3) establishing the availability of such specifically designed training material as an important criterion in assessing such technologies. Authorizes appropriations for a technology training clearinghouse.

Work Force Enhancement for Technology Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Return of Talent Act''. SEC. 2. RETURN OF TALENT PROGRAM. (a) In General.--Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the following: ``temporary absence of persons participating in the return of talent program ``Sec. 317A. (a) In General.--The Secretary of Homeland Security shall establish the Return of Talent Program to permit eligible aliens to temporarily return to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict reconstruction activities, for a period not exceeding 24 months, unless an exception is granted under subsection (d). ``(b) Eligible Alien.--An alien is eligible to participate in the Return of Talent Program established under subsection (a) if the alien meets the special immigrant description under section 101(a)(27)(N). ``(c) Family Members.--The spouse, parents, siblings, and any children of an alien who participates in the Return of Talent Program established under subsection (a) may return to such alien's country of citizenship with the alien and reenter the United States with the alien. ``(d) Extension of Time.--The Secretary of Homeland Security may extend the 24-month period referred to in subsection (a) upon a showing that circumstances warrant that an extension is necessary for post- conflict reconstruction efforts. ``(e) Residency Requirements.--An immigrant described in section 101(a)(27)(N) who participates in the Return of Talent Program established under subsection (a), and the spouse, parents, siblings, and any children who accompany such immigrant to that immigrant's country of citizenship, shall be considered, during such period of participation in the program-- ``(1) for purposes of section 316(a), physically present and residing in the United States for purposes of naturalization within the meaning of that section; and ``(2) for purposes of section 316(b), to meet the continuous residency requirements in that section. ``(f) Oversight and Enforcement.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall oversee and enforce the requirements of this section.''. (b) Table of Contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 317 the following: ``317A. Temporary absence of persons participating in the Return of Talent Program.''. SEC. 3. ELIGIBLE IMMIGRANTS. Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended-- (1) in subparagraph (L), by inserting a semicolon after ``Improvement Act of 1998''; (2) in subparagraph (M), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(N) an immigrant who-- ``(i) has been lawfully admitted to the United States for permanent residence; ``(ii) demonstrates an ability and willingness to make a material contribution to the post-conflict reconstruction in the alien's country of citizenship; and ``(iii) as determined by the Secretary of State in consultation with the Secretary of Homeland Security-- ``(I) is a citizen of a country in which Armed Forces of the United States are engaged, or have engaged in the 10 years preceding such determination, in combat or peacekeeping operations; or ``(II) is a citizen of a country where authorization for United Nations peacekeeping operations was initiated by the United Nations Security Council during the 10 years preceding such determination.''. SEC. 4. REPORT TO CONGRESS. Not later than 24 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to Congress that describes-- (1) the countries of citizenship of the participants in the Return of Talent Program established under section 2; (2) the post-conflict reconstruction efforts that benefited, or were made possible, through participation in the program; and (3) any other information that the Secretary of Homeland Security determines to be appropriate. SEC. 5. REGULATIONS. Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Bureau of Citizenship and Immigration Services for each of the fiscal years 2004 and 2005, such sums as may be necessary to carry out this Act.

Return of Talent Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish the Return of Talent Program to permit an eligible permanent resident alien and family members to temporarily return (two years with extension) to the alien's country of citizenship in order to make a material contribution to that country if the country is engaged in post-conflict reconstruction activities. States that such time abroad shall be considered as U.S. physical and continuous residency for naturalization purposes.

A bill to establish The Return of Talent Program to allow aliens who are legally present in the United States to return temporarily to the country of citizenship of the alien if that country is engaged in post-conflict reconstruction, and for other purposes.

SECTION 1. FINDINGS. The Congress makes the following findings: (1) It has been reported that at an internal Central Communist Party meeting in 1994, Chinese President Jiang Zemin asserted that religion is one of the biggest threats to Communist Party rule in China. (2) On January 31, 1994, Premier Li Ping signed decrees number 144 and 145 which restrict worship, religious education, distribution of bibles and other religious literature, and contact with foreign coreligionists. (3) The Chinese Government has created organizations that have as their purpose controlling all religious worship, activity, and association in China and supplanting the Roman Catholic Church, independent Protestant churches and independent Buddhist, Taoist, and Islamic associations. (4) In July 1995 Ye Xiaowen, a reputed atheist and rigid communist, was appointed to head the Bureau of Religious Affairs, an agency controlled by the United Front Work Department of the Chinese Government, that has administrative control over all religious worship and activity in China through an official system of registering or denying rights and privileges to religious congregations and leaders. (5) In the past year, the Chinese Government has expressed great concern over the spread of Christianity and particularly over the rapid growth of Christian religious institutions other than those controlled by the government, including the Roman Catholic Church and the evangelical Christian ``house churches''. (6) Soon after the establishment of the People's Republic of China in 1949, the Chinese Government imprisoned Christians who refused to relinquish their faith to become servants of Communism, charging them as ``counter-revolutionaries'' and sentencing them to 20 years or more in labor camps. (7) Hundreds of Chinese Protestants and Catholics are among those now imprisoned at ``reeducation through labor'' camps because of their religious beliefs. (8) The reeducation camps are run by the Ministry of Public Security and the Ministry of Justice of the Chinese Government. (9) The Chinese Communist Government refuses to permit the appointment by the Vatican of Catholic Bishops and ordination of priests for China and insists on appointing its own ``Catholic bishops''. (10) The Tenth Panchen Lama died in January 1989 at Tashi Lhunpo Monastery, his traditional spiritual seat in Shigatze, Tibet's second largest city. (11) The Dalai Lama has the right to recognize the successor to the Panchen Lama, and has always done so. (12) On May 14, 1995, His Holiness the Dalai Lama announced recognition of a 6-year-old boy, Gedhun Choekyi Nyima, as the Eleventh Panchen Lama, according to Tibetan tradition. (13) The young boy recognized by the Dalai Lama and his family have been brought to Beijing by Chinese authorities and have not been seen in several months. (14) Chatrel Rimpoche, abbot of Tashi Lhunpo Monastery and head of the original search committee for the Eleventh Panchen Lama, and his assistant, Champa Chung, are believed to have been seized and detained by Chinese authorities in May of 1995. (15) Chinese Government authorities subsequently detained other Tibetan Buddhists in connection with selection of the Eleventh Panchen Lama, including Gyatrol Rimpoche, Shepa Kelsang, Lhakpa Tsering, and Ringkar Ngawang. (16) The Chinese Government convened a conference in Beijing of Tibetan Lamas who were forcibly brought to Beijing in order to select a rival candidate to the child selected by the Dalai Lama as the Eleventh Panchen Lama. (17) On November 29, 1995, Luo Gan, Secretary General of the State Council, and Ye Xiaowen, Director of the Bureau of Religious Affairs, orchestrated an elaborate ceremony designating a 6-year-old boy selected by the Chinese Government as the Eleventh Panchen Lama. (18) On December 8, 1995, State Councilor Li Tieying presided over a ceremony in Shigatze, Tibet, in which the boy selected by the Chinese Government as the Eleventh Panchen Lama was enthroned. (19) By seeking to impose its own candidate as the Eleventh Panchen Lama and detaining the 6-year-old boy recognized for that position in accordance with Tibetan tradition, the Chinese Government is inserting itself into a purely Tibetan religious matter, in blatant violation of the fundamental human rights of the Tibetan people. SEC. 2. STATEMENT OF POLICY. The Department of State should make the release of individuals imprisoned or detained on religious grounds a major objective of United States foreign policy with respect to China, and should raise this issue in every relevant bilateral and multilateral forum. SEC. 3. PROHIBITION ON FUNDING BY AGENCIES OF THE UNITED STATES FOR THE PARTICIPATION OF CERTAIN CHINESE OFFICIALS IN INTERNATIONAL PROGRAMS AND ACTIVITIES. (a) Restriction.--No funds available to the Department of State, the United States Information Agency, the Agency for International Development, or any other agency or entity of the United States Government may be obligated or expended for the participation of any of the following individuals in any conference, exchange program, or activity relating to education, culture, training, or any other purpose, until the President submits the certification described in subsection (b): (1) The head of any of the following Chinese Government- created and approved organizations: (A) The Chinese Buddhist Association. (B) The Chinese Catholic Patriotic Association. (C) The Chinese Catholic Religious Affairs Committee. (D) The Chinese Catholic Bishops' Conference. (E) The Chinese Protestant ``Three-Self'' Patriotic Movement. (F) The China Christian Council. (G) The Chinese Taoist Association. (H) The Chinese Islamic Association. (2) Any official or employee of the United Front Work Department of the Chinese Government. (3) Luo Gan, the Secretary General of the State Council, Li Tieying, State Councilor, and any other official or employee of the State Council. (4) Ye Xiaowen, Director of Bureau of Religious Affairs, and any other official or employee of the Bureau of Religious Affairs of the Chinese Government. (5) Any military or civilian official or employee of the Ministry of Public Security or the Ministry of Justice of the Chinese Government. (b) Certification.--The certification referred to in subsection (a) is a certification by the President to the Congress that the following individuals have been released, unconditionally, by the Chinese Government: (1) Pei Zhongxun (whose Korean name is Chun Chul). (2) Dai Guillang. (3) Dai Lanmei. (4) Geng Minuan. (5) Wang Xincai. (6) Li Tianen. (7) Guo Mengshan. (8) Jiang Huaifeng. (9) Xu Funian. (10) Wang Yao Hua. (11) Chen Zhuman. (12) Bishop Zeng Jingmu. (13) Father Li Jian Jin. (14) Father Vincent Qin Guoliang. (15) Pan Kunming. (16) Rao Yangping. (17) Yu Qixing. (18) Yu Shuishen. (19) Li Qingming. (20) Zhang Zhiqiang. (21) Gedhun Choekyi Nyima and his family. (22) Chatrel Rimpoche. (23) Champa Chung. (24) Gyatrol Rimpoche. (25) Shepa Kelsang. (26) Lhakpa Tsering. (27) Ringkar Ngawang.

Urges the Department of State to make the release of Chinese imprisoned or detained on religious grounds a major objective of U.S. foreign policy with China. Prohibits the Department of State, the U.S. Information Agency, the Agency for International Development, or any other Federal agency or entity from obligating or expending funds for the participation of certain Chinese individuals and organizations in any conference, exchange program, or activity relating to education, culture, training, or any other purpose, until the President certifies to the Congress that specified imprisoned or detained Chinese citizens have been unconditionally released by the Chinese Government.

To prohibit funding by United States Government agencies of the participation of certain officials of the Chinese Government in international conferences, programs, and activities until the Chinese Government releases certain individuals imprisoned or detained on religious grounds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Israel Anti-Boycott Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United Nations Human Rights Council (in this section referred to as the ``UNHRC'') has long targeted Israel with systematic, politically motivated, assaults on its legitimacy designed to stigmatize and isolate Israel internationally. (2) The UNHRC maintains a permanent agenda item known as ``Item 7'' to ensure that Israel will be criticized at every gathering of the UNHRC. (3) At its 31st session on March 24, 2016, the UNHRC targeted Israel with a commercial boycott, calling for the establishment of a database, such as a ``blacklist'', of companies that operate, or have business relations with entities that operate, beyond Israel's 1949 Armistice lines, including East Jerusalem. (4) At its 32nd session in March 2017, the UNHRC is considering a resolution pursuant to agenda item 7 to withhold assistance from and prevent trade with ``territories occupied since 1967'', including East Jerusalem, the West Bank, and the Golan Heights, stating that businesses that engage in economic activity in those areas could face civil or criminal legal action. (5) For a half century, Congress has combated anti-Israel boycotts and other discriminatory activity under the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), under part VI of title X of the Tax Reform Act of 1976 (Public Law 94-455; 90 Stat. 1649) (commonly referred to as the ``Ribicoff Amendment''), in free trade agreements with Bahrain and Oman, and in Saudi Arabia's accession negotiations to the World Trade Organization. (6) The recent action of the UNHRC is reminiscent of the Arab League Boycott, which also called for the establishment of a ``blacklist'' and promoted a primary, as well as a secondary and tertiary, boycott against Israel, targeting United States and other companies that trade or invest with or in Israel, designed to harm Israel, any business operating in, or doing business with, Israel, or companies that do business with companies operating in Israel. (7) Congress recently passed anti-boycott, divestment, and sanctions measures in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) and section 909 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4452), which establish, among other things-- (A) the opposition of the United States to actions to boycott, divest from, or sanction Israel; (B) requirements that the United States utilize trade negotiations to combat state-led or international governmental organization-led actions to boycott, divest from, or sanction Israel; and (C) reporting requirements regarding the actions of foreign countries or international organizations that establish barriers to trade or investment for United States companies in or with Israel. SEC. 3. STATEMENT OF POLICY. Congress-- (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure their own companies to divest from, or break contracts with, Israel, and calls for the creation of a ``blacklist'' of companies that either operate, or have business relations with entities that operate, beyond Israel's 1949 Armistice lines, including East Jerusalem; (2) views such policies as actions to boycott, divest from, or sanction Israel; and (3) in order to counter the effects of actions to boycott, divest from, or sanction Israel, encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 (Public Law 113-296; 128 Stat. 4075) through enhanced, governmentwide, coordinated United States-Israel scientific and technological cooperation in civilian areas such as with respect to energy, water, agriculture, alternative fuel technology, civilian space technology, and security. SEC. 4. ADDITIONAL PROHIBITIONS RELATING TO FOREIGN BOYCOTTS UNDER EXPORT ADMINISTRATION ACT OF 1979. (a) Declaration of Policy.--Section 3(5) of the Export Administration Act of 1979 (50 U.S.C. 4602(5)) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) to oppose-- ``(i) restrictive trade practices or boycotts fostered or imposed by foreign countries, or requests to impose restrictive trade practices or boycotts by foreign countries, against other countries friendly to the United States or against any United States person; and ``(ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel;''; and (2) in subparagraph (B), by striking ``which have the effect'' and all the follows and inserting the following: ``which have the effect of furthering or supporting-- ``(i) restrictive trade practices or boycotts fostered or imposed by any foreign country, or requests to impose restrictive trade practices or boycotts by any foreign country, against a country friendly to the United States or against any United States person; and ``(ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel; and''. (b) Foreign Boycotts.--Section 8 of the Export Administration Act of 1979 (50 U.S.C. 4607) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A)-- (i) by inserting ``, or request to impose any boycott by a foreign country,'' after ``a foreign country''; (ii) by inserting ``, or support any boycott fostered or imposed by any international governmental organization against Israel or request to impose any boycott by any international governmental organization against Israel'' after ``pursuant to United States law or regulation''; (B) in subparagraph (A), by inserting ``or international governmental organization (as the case may be)'' after ``of the boycotting country''; and (C) in subparagraph (D)-- (i) by inserting ``, or requesting the furnishing of information,'' after ``Furnishing information''; and (ii) by inserting ``or with the international governmental organization (as the case may be)'' after ``in the boycotting country''; and (2) in subsection (c)-- (A) by inserting ``, or requests to impose restrictive trade practices or boycotts by foreign countries,'' after ``foreign countries''; and (B) by inserting ``or restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel'' before the period at the end. (c) Violations of Section 8(a).--Section 11 of the Export Administration Act of 1979 (50 U.S.C. 4610) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) in subsection (a), by inserting ``or (j)'' after ``subsection (b)''; and (2) by adding at the end the following: ``(j) Violations of Section 8(a).--Whoever knowingly violates or conspires to or attempts to violate any provision of section 8(a) or any regulation, order, or license issued thereunder shall be fined in accordance with section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705).''. (d) Definition of International Governmental Organization.--Section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) is amended-- (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (2) by inserting after paragraph (6) the following: ``(7) the term `international governmental organization' includes the United Nations and the European Union;''. (e) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to actions described in section 8(a) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) taken or knowingly agreed to be taken on or after such date of enactment. (f) Implementation.--The President shall implement the amendments made by this section by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). SEC. 5. POLICY OF THE UNITED STATES RELATING TO BOYCOTT OF ISRAEL UNDER EXPORT-IMPORT BANK ACT OF 1945. Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended in the sixth sentence by inserting after ``child labor),'' the following: ``or opposing policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the Government of Israel,''. SEC. 6. DEFINITIONS. (a) In General.--In this Act: (1) Actions to boycott, divest from, or sanction israel.-- The term ``actions to boycott, divest from, or sanction Israel'' has the meaning given that term in section 102(b)(20)(B) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201(b)(20)(B)). (2) International governmental organization.--The term ``international governmental organization'' includes the United Nations and the European Union. (3) Politically motivated.--The term ``politically motivated'' means actions to impede or constrain commerce with Israel that are intended to coerce political action from or impose policy positions on Israel. (b) Rule of Construction.--Nothing in this section shall be construed to alter the established policy of the United States or to establish new United States policy concerning final status issues associated with the Arab-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties.

Israel Anti-Boycott Act This bill declares that Congress: (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure companies to divest from, or break contracts with, Israel; and (2) encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 through enhanced, governmentwide, coordinated U.S.-Israel scientific and technological cooperation in civilian areas. The bill amends the Export Administration Act of 1979 to declare that it shall be U.S. policy to oppose: requests by foreign countries to impose restrictive practices or boycotts against other countries friendly to the United States or against U.S. persons; and restrictive trade practices or boycotts fostered or imposed by an international governmental organization, or requests to impose such practices or boycotts, against Israel. The bill prohibits any U.S. person engaged interstate or foreign commerce from supporting: any request by a foreign country to impose any boycott against a country that is friendly to the United States and that is not itself the object of any form of boycott pursuant to United States law or regulation, or any boycott fostered or imposed by any international governmental organization against Israel or any request by any international governmental organization to impose such a boycott. The bill amends the Export-Import Bank Act of 1945 to include as a reason for the Export-Import Bank to deny credit applications for the export of goods and services between the United States and foreign countries, opposition to policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the government of Israel.

Israel Anti-Boycott Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``NSP Termination Act''. SEC. 2. RESCISSION OF $1 BILLION FUNDING FOR 3RD ROUND OF NEIGHBORHOOD STABILIZATION PROGRAM. (a) Recission.--Effective on the date of the enactment of this Act, there are rescinded and permanently canceled all unobligated balances remaining available as of such date of enactment of the amounts made available by section 1497(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2209; 42 U.S.C. 5301 note). All such unobligated balances so rescinded and permanently canceled should be retained in the General Fund of the Treasury for reducing the budget deficit of the Federal Government. (b) Identification of Amounts Subject to Possible Rescission.-- (1) In general.--The Secretary of Housing and Urban Development has allocated funding to the States, including city, county, and municipal governments, under the 3rd round of funding for the Neighborhood Stabilization Program, as set forth in paragraph (2). Amounts from the allocations set forth in paragraph (2) of this subsection will be subject to possible rescission and cancellation, to the extent provided in subsection (a). (2) Allocation.--The allocations set forth in this paragraph for the following States are the following amounts: (A) Alaska: $5,000,000. (B) Alabama: $7,576,151. (C) Arizona: $45,377,073. (D) Arkansas: $5,000,000. (E) California: $149,308,651. (F) Colorado: $17,349,270. (G) Connecticut: $9,322,756. (H) District of Columbia: $5,000,000. (I) Delaware: $5,000,000. (J) Florida: $208,437,144. (K) Georgia: $50,421,988. (L) Hawaii: $5,000,000. (M) Iowa: $5,000,000. (N) Idaho: $5,000,000. (O) Illinois: $30,143,105. (P) Indiana: $31,509,101. (Q) Kansas: $6,137,796. (R) Kentucky: $5,000,000. (S) Louisiana: $5,000,000. (T) Massachusetts: $7,387,994. (U) Maryland: $6,802,242. (V) Maine: $5,000,000. (W) Michigan: $57,524,473. (X) Minnesota: $12,427,113. (Y) Missouri: $13,110,604. (Z) Mississippi: $5,000,000. (AA) Montana: $5,000,000. (BB) North Carolina: $5,000,000. (CC) North Dakota: $5,000,000. (DD) Nebraska: $6,183,085. (EE) New Hampshire: $5,000,000. (FF) New Jersey: $11,641,549. (GG) New Mexico: $5,000,000. (HH) Nevada: $43,314,669. (II) New York: $19,834,940. (JJ) Ohio: $51,789,035. (KK) Oklahoma: $5,000,000. (LL) Oregon: $5,000,000. (MM) Pennsylvania: $5,000,000. (NN) Puerto Rico: $5,000,000. (OO) Rhode Island: $6,309,231. (PP) South Carolina: $5,615,020. (QQ) South Dakota: $5,000,000. (RR) Tennessee: $10,195,848. (SS) Texas: $18,038,242. (TT) Utah: $5,000,000. (UU) Virginia: $6,254,970. (VV) Vermont: $5,000,000; (WW) Washington: $5,000,000. (XX) Wisconsin: $7,687,949. (YY) West Virginia: $5,000,000. (ZZ) Wyoming: $5,000,000. SEC. 3. TERMINATION OF NEIGHBORHOOD STABILIZATION PROGRAM. (a) Repeal.--Sections 2301 through 2303 of the Housing and Economic Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2850; 42 U.S.C. 5301 note) are hereby repealed. (b) Treatment of Remaining Funds.-- (1) Savings clause.--Notwithstanding the repeal under subsection (a), any amounts made available under the provisions specified in paragraph (2) of this subsection shall continue to be governed by any provisions of law applicable to such amounts as in effect immediately before such repeal. (2) Remaining funds.--The provisions specified in this paragraph are as follows: (A) Section 2301(a) of the Housing and Economic Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2850; 42 U.S.C. 5301 note). (B) The second undesignated paragraph under the heading ``Department of Housing and Urban Development, Community Planning and Development, Community Development Fund'' in title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 217). (c) Termination.--Upon the obligation of all amounts made available under the provisions specified in subsection (b)(2), and outlays to liquidate all such amounts, the Secretary of Housing and Urban Development shall terminate the Neighborhood Stabilization Program authorized under the provisions specified in subsections (a) and (b)(2). SEC. 4. PUBLICATION OF MEMBER AVAILABILITY FOR ASSISTANCE. Not later than 5 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall publish to its Website on the World Wide Web in a prominent location, large point font, and boldface type the following statement: ``The Neighborhood Stabilization Program (NSP) has been terminated. If you are concerned about the impact of foreclosed properties on your community, please contact your Member of Congress, State, county, and local officials for assistance in mitigating the impacts of foreclosed properties on your community.''. SEC. 5. GAO STUDY OF ECONOMIC IMPACTS OF ROUND 3 NSP FUNDING. The Comptroller General of the United States shall conduct a study to determine the economic impacts that providing assistance under the Neighborhood Stabilization Program, using the funding identified in section 2, would have on States and communities in the United States, if such funding were not rescinded and canceled under such section, but remained available and was used in accordance with the provisions of law applicable to such amounts as in effect immediately before the repeal under section 3(a). Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report setting forth the results and conclusions of the study under this section. SEC. 6. GAO STUDY OF ECONOMIC IMPACTS OF ROUNDS 1 AND 2 NSP FUNDING. The Comptroller General of the United States shall conduct a study to determine the economic impacts that providing assistance under the Neighborhood Stabilization Program has had on States and communities in the United States. The study shall identify such impacts resulting from the funding under the each of the provisions of law specified in subparagraphs (A) and (B) of section 3(b)(2). Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report setting forth the results and conclusions of the study under this section. Passed the House of Representatives March 16, 2011. Attest: KAREN L. HAAS, Clerk.

NSP Termination Act - Rescinds and cancels permanently all unobligated balances remaining available, as of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to the Secretary of Housing and Urban Development (HUD) for assistance to states and local governments for the redevelopment of abandoned and foreclosed homes and residential properties. (Thus, rescinds the third round of funding for the Neighborhood Stabilization Program [NSP].) Urges that all such rescinded and canceled amounts be retained in the Treasury General Fund for reducing the federal budget deficit. Subjects to possible rescission and permanent cancellation certain amounts allocated by the Secretary under the third round of funding for the NSP to specified states, including city, county, and municipal governments. Amends the Housing and Economic Recovery Act of 2008 to repeal emergency FY2008 appropriations for the Program. States that such appropriations, together with amounts made available for the Program in the HUD, Community Planning and Development, Community Development Fund under title XII of division A of the American Recovery and Reinvestment Act of 2009, shall continue to be governed by any provisions of law applicable to such amounts as in effect before the repeal. Requires the Secretary to terminate the Program upon the obligation of all such amounts and outlays to liquidate them. Requires the Secretary to publish on the HUD website a statement as to: (1) termination of the NSP; and (2) the availability of a Member of Congress and state, county, and local officials to provide assistance in mitigating the impacts of foreclosed properties on an individual's community. Requires the Comptroller General to study the economic impacts of: (1) round three NSP funding on states and communities that would occur if it were not rescinded and canceled but remained available, and (2) actual round one and round two NSP assistance on those states and communities.

To rescind the third round of funding for the Neighborhood Stabilization Program and to terminate the program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mexican Agricultural Trade Compliance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Section 301 of the Trade Act of 1974 provides that, if the United States Trade Representative determines that the rights of the United States under any trade agreement are being denied, the Trade Representative shall take action to enforce such rights. (2) The Statement of Administrative Action accompanying the Uruguay Round Agreements Act provided that the United States Trade Representative would base any section 301 determination as to whether there has been a violation or denial of United States rights under the Uruguay Round Agreements on panel or Appellate Body findings adopted by the Dispute Settlement Body of the World Trade Organization. (3) In a panel report adopted by the Dispute Settlement Body on January 27, 2000, the Dispute Settlement Body determined that section 301 of the Trade Act of 1974 is not inconsistent with United States obligations under the Uruguay Round Agreements, particularly in light of the decision of the United States to use section 301 only after exhausting its rights under the Dispute Settlement Understanding. (4) On January 28, 2000, a panel of the World Trade Organization determined that Mexico's antidumping order on high fructose corn syrup imported from the United States violated Mexico's commitments under the Uruguay Round Agreements. (5) On February 24, 2000, the Dispute Settlement Body adopted the report of the panel. (6) On April 10, 2000, the United States and Mexico agreed to a September 22, 2000, deadline for Mexico to come into compliance with the panel report as adopted by the Dispute Settlement Body. (7) On September 20, 2000, just 2 days prior to the date Mexico had agreed to come into compliance with the panel report, Mexico issued a revised antidumping threat determination in an obvious attempt to evade its commitment to come into compliance with the panel report adopted by the Dispute Settlement Body. (8) On June 22, 2001, a panel, convened pursuant to Article 21.5 of the Dispute Settlement Understanding, found that Mexico's revised antidumping threat determination failed to bring Mexico into compliance with its commitments under the World Trade Organization. (9) On October 22, 2001, the Appellate Body affirmed the ruling of the Article 21.5 panel and recommended that Mexico come into compliance with its obligations under the World Trade Organization. (10) On November 21, 2001, the Dispute Settlement Body adopted the Appellate Body ruling that affirmed the findings of the Article 21.5 panel. (11) On January 1, 2002, in a transparent attempt to evade the determinations of the Dispute Settlement Body regarding Mexico's antidumping order on high fructose corn syrup, and in an affront to the rules-based system of the World Trade Organization, Mexico imposed a de facto discriminatory 20 percent tax on soft drinks containing high fructose corn syrup, the intent and effect of which is to continue Mexico's antidumping order on United States high fructose corn syrup by other means by restricting access to the Mexican market. (12) On April 20, 2002, with its discriminatory tax on soft drinks containing high fructose corn syrup now in place, and in a continuous event with the imposition of this tax, Mexico lifted its antidumping order on high fructose corn syrup. Importantly, Mexico lifted its antidumping order only after ensuring that imports of United States high fructose corn syrup would not enter the Mexican market due to the imposition of the tax on soft drinks. Mexico's lifting of its antidumping order enabled it to make the disingenuous claim that it had come into compliance with the findings adopted by the Dispute Settlement Body regarding Mexico's antidumping order. (13) The imposition of the tax on soft drinks and the lifting of the antidumping order by Mexico are related aspects of a unified effort by Mexico to deny the rights of the United States with respect to the trade of high fructose corn syrup. (14) The effects of the import restrictions of Mexico's antidumping order continue with even more egregious results through the imposition of a 20 percent tax on high fructose corn syrup. Imports of high fructose corn syrup from the United States dropped from 110,893 metric tons in 2001 (the year prior to the lifting of the antidumping order) to 4,868 metric tons in 2002 (the first year of the tax). (15) The United States has exhausted proceedings under the Dispute Settlement Understanding, and the Dispute Settlement Body has on more than 1 occasion adopted findings adverse to Mexico. SEC. 3. DEFINITIONS. In this Act: (1) Appellate body.--The term ``Appellate Body'' means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding. (2) Dispute settlement body.--The term ``Dispute Settlement Body'' has the meaning given that term in section 121(5) of the Uruguay Round Agreements Act (19 U.S.C. 3531(5)). (3) Dispute settlement panel; panel.--The terms ``dispute settlement panel'' and ``panel'' mean a panel established pursuant to Article 6 of the Dispute Settlement Understanding. (4) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(16)). (5) GATT 1994.--The term ``GATT 1994'' has the meaning given such term in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B). (6) Uruguay round agreements.--The term ``Uruguay Round Agreements'' has the meaning given such term in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7). (7) World trade organization.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement. (8) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. SEC. 4. ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE URUGUAY ROUND AGREEMENTS AND OTHER TRADE AGREEMENTS WITH RESPECT TO HIGH FRUCTOSE CORN SYRUP EXPORTED TO MEXICO. (a) Determination.--Congress determines that-- (1) the rights of the United States under the Uruguay Round Agreements are being denied by Mexico in connection with the imposition by Mexico of a 20 percent tax on soft drinks containing high fructose corn syrup, an extension by other means of Mexico's unjustified antidumping order on high fructose corn syrup from the United States; (2) the United States has exhausted proceedings under the Dispute Settlement Understanding; (3) Mexico's imposition of a tax on high fructose corn syrup, an extension by other means of its unjustified antidumping order on high fructose corn syrup from the United States-- (A) constitutes an act, policy, or practice by Mexico that is unjustifiable and burdens or restricts United States commerce for purposes of section 304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)); and (B) denies rights to which the United States is entitled under existing trade agreements with Mexico for purposes of such section 304; and (4) unless, a certification described in subsection (b) is submitted, the United States Trade Representative shall take appropriate action under subsection (c). (b) Certification.--The certification described in this subsection means a certification from the United States Trade Representative submitted to Congress not later than 30 days after the date of enactment of this Act that states that Mexico has eliminated its tax on soft drinks containing high fructose corn syrup and is taking satisfactory measures to preserve the rights of the United States under all applicable trade agreements with respect to high fructose corn syrup. (c) Action To Be Taken by USTR.--If a certification is not made under subsection (b), the United States Trade Representative, not later than 60 days after the date of enactment of this Act and after consultation with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, shall, pursuant to section 301(c)(1) (A) and (B) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1) (A) and (B))-- (1) suspend, withdraw, or prevent the application of, benefits of trade agreement concessions to carry out a trade agreement with Mexico; or (2) impose duties or other import restrictions on the goods of Mexico, including agricultural products imported from Mexico, and notwithstanding any other provision of law, fees or restrictions on the services of, Mexico for such time as the Trade Representative determines appropriate.

Mexican Agricultural Trade Compliance Act - Determines that U.S. rights under the Uruguay Round Agreements are being denied by Mexico in connection with Mexico's imposition of a 20 percent tax on soft drinks containing high fructose corn syrup, an extension of Mexico's unjustified antidumping order on high fructose corn syrup from the United States. Directs the U.S. Trade Representative, unless certifying to Congress within 30 days after the enactment of this Act that Mexico has eliminated such tax and is otherwise preserving all U.S. trade agreement rights with respect to high fructose corn syrup, to either: (1) suspend, withdraw, or prevent the application of benefits of trade agreement concessions to carry out a trade agreement with Mexico; or (2) impose duties or other import restrictions on the goods of Mexico, and fees or restrictions on the services of Mexico.

A bill to direct the United States Trade Representative to enforce United States rights, under certain trade agreements with respect to Mexico, pursuant to title III of the Trade Act of 1974.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Medicare Mental Health Improvement Act''. (b) References to Social Security Act.--Whenever in this Act an amendment 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 that section or other provision of the Social Security Act. SEC. 2. INPATIENT PSYCHIATRIC HOSPITAL SERVICES. (a) Services Covered.--Section 1812(a) (42 U.S.C. 1395d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse for up to 60 days during a year.''. (b) Limitation on Coverage.--Section 1812(b)(3) (42 U.S.C. 1395d(b)) is amended to read as follows: ``(3) inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse that are furnished to the individual during a year after such services have been furnished to the individual for a total of 60 days during the year.''. (c) Conforming Amendments.--(1) Section 1812(a)(1) (42 U.S.C. 1395d(a)(1)) is amended by inserting ``(other than services described in paragraph (5))'' after ``inpatient hospital services'' the first place it appears. (2) Section 1812(b)(1) (42 U.S.C. 1395d(b)(1)) is amended by inserting ``(other than services described in paragraph (3))'' after ``inpatient hospital services'' the first place it appears. (3) Section 1812 (42 U.S.C. 1395d) is amended by striking subsection (c). (4) Section 1814(a) (42 U.S.C. 1395f(a)) is amended-- (A) in paragraph (2), by striking subparagraph (A); (B) in paragraph (3), by striking ``(other than inpatient psychiatric hospital services)''; and (C) by striking paragraph (4). (5) Section 1861 (42 U.S.C. 1395x) is amended by striking subsection (c). (d) Effective Date; Transition.--The amendments made by this section shall take effect January 1, 1996, except that-- (1) an individual who at any time prior to such date has been furnished inpatient psychiatric hospital services (as defined for purposes of title XVIII of the Social Security Act as of the date of the enactment of this Act) for 190 consecutive days is not entitled to any services under section 1812(a)(5) (as added by subsection (a)(3)); and (2) in the case of an individual who is not described in paragraph (1) and is receiving inpatient psychiatric hospital services (as defined for purposes of title XVIII of the Social Security Act as of the date of the enactment of this Act) on December 31, 1995, for which payment may be made under section 1812 of such Act, the number of days of services for which the individual is entitled under section 1812(a)(5) (and the number of days applicable under section 1812(b)(3)) shall be equal to the greater of 60 or the difference between 190 days and the number of days of such inpatient psychiatric hospital services furnished to the individual prior to January 1, 1996. SEC. 3. INTENSIVE RESIDENTIAL SERVICES. (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)), as amended by section 2(a), is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(6) intensive residential services (as described in section 1861(qq)) furnished to an individual for up to 120 days during any calendar year, except that such services may be furnished to the individual for additional days during the year if necessary for the individual to complete a course of treatment to the extent that the number of days of inpatient hospital services described in paragraph (5) that may be furnished to the individual during the year (as reduced under such paragraph) is not less than 15.''. (2) Services described.--Section 1861 (42 U.S.C. 1395x), as amended by section 146(a) of the Social Security Act Amendments of 1994, is amended by adding at the end the following new subsection: ``Intensive Residential Services ``(mm)(1) Subject to paragraph (2), the term `intensive residential services' means inpatient services provided in any of the following facilities: ``(A) Residential detoxification centers. ``(B) Crisis residential programs or mental illness residential treatment programs. ``(C) Therapeutic family or group treatment homes. ``(D) Residential centers for substance abuse treatment. ``(2) No service may be treated as an intensive residential service under paragraph (1) unless the facility at which the service is provided-- ``(A) is legally authorized to provide such service under the law of the State (or under a State regulatory mechanism provided by State law) in which the facility is located or is certified to provide such service by an appropriate accreditation entity approved by the State in consultation with the Secretary; and ``(B) meets such other requirements as the Secretary may impose to assure the quality of the intensive residential services provided. ``(3) No service may be treated as an intensive residential service under paragraph (1) unless the service is furnished in accordance with standards established by the Secretary for the management of such services.''. (3) Reduction in days of coverage for inpatient services.-- Section 1812(a)(5) and section 1812(b)(3), as amended by section 2, are each amended by striking the period at the end and inserting the following: ``, reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of inpatient residential services furnished to the individual under paragraph (6) during the year after such services have been furnished to the individual for 120 days during the year (rounded to the nearest day).''. (4) Amount of payment.--Section 1814 (42 U.S.C. 1395f) is amended-- (A) in subsection (b) in the matter preceding paragraph (1), by inserting ``other than intensive residential services,'' after ``hospice care,''; and (B) by adding at the end the following new subsection: ``Payment for Intensive Residential Services ``(m) The amount of payment under this part for intensive residential services under section 1812(a)(6) shall be equal to-- ``(1) the lesser of-- ``(A) the reasonable cost of such services, as determined under section 1861(v), or ``(B) the customary charges with respect to such services, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A): ``(2) if such services are furnished by a public provider of services or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this clause), free of charge or at nominal charges to the public, the amount determined in accordance with subsection (b)(2); and ``(3) if (and for so long as) the conditions described in subsection (b)(3) are met, the amounts determined under the reimbursement system described in such section.''. SEC. 4. LOWERING COINSURANCE FOR CERTAIN OUTPATIENT MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES. (a) In General.--Section 1833(c) (42 U.S.C. 1395l(c)) is amended by striking ``mental, psychoneurotic, and personality disorders'' and all that follows through ``are incurred'' and inserting the following: ``mental illness or substance abuse of an individual who, at the time such expenses are incurred, is over 18 years of age, is not an inpatient of a hospital, and has received 5 or more sessions of such treatment during the calendar year,''. (b) Requiring Services To Be Furnished in Accordance With Management Standards.--Section 1862(a) (42 U.S.C. 1395y(a)), as amended by section 156(a)(2)(D) of the Social Security Act Amendments of 1994, is amended-- (1) by striking ``or'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ``; or''; and (3) by inserting after paragraph (15) the following new paragraph: ``(16) in the case of any items or services furnished under part B for the treatment of mental illness or emotional disturbance (including substance abuse), if the services are not furnished in accordance with standards established by the Secretary for the management of such services.''. SEC. 5. INTENSIVE COMMUNITY-BASED SERVICES. (a) Coverage.-- (1) In general.--Section 1832(a)(2)(J) (42 U.S.C. 1395k(a)(2)(J)) is amended to read as follows: ``(J) intensive community-based services (as described in section 1861(ff))-- ``(i) for an unlimited number of days during any calendar year, in the case of services described in section 1861(ff)(2)(E) that are furnished to an individual who is a seriously mentally ill adult, a seriously emotionally disturbed child, or an adult or child with serious substance abuse disorder (as determined in accordance with criteria established by the Secretary), ``(ii) in the case of day treatment services for an individual under 19 years of age described in section 1861(ff)(2)(C), for up to 180 days during any calendar year, except that such services may be furnished to the individual for a number of additional days during the year equal to the difference between the total number of days of intensive residential services which the individual may receive during the year under part A (as determined under section 1812(a)(6)) and the number of days of such services which the individual has received during the year, or ``(iii) in the case of any other such services, for up to 90 days during any calendar year, except that such services may be furnished to the individual for the number of additional days during the year described in clause (ii).''. (2) Reduction in number of days of intensive residential services.--Section 1812(a)(6) (42 U.S.C. 1395d(a)(6)), as added by section 3(a), is amended-- (A) by inserting ``(A)'' before ``such services''; and (B) by striking the period at the end and inserting the following: ``, and (B) reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of intensive community-based services furnished to the individual under section 1832(a)(2)(J) during the year after such services have been furnished to the individual for 90 days (or, in the case of services described in section 1832(a)(2)(J)(ii), for 180 days) during the year (rounded to the nearest day).''. (b) Services Described.--Section 1861(ff)(2) (42 U.S.C. 1395x(ff)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``are--'' and inserting ``are as follows:''; (2) in subparagraph (C)-- (A) by inserting ``behavioral aide services,'' after ``nurses'', and (B) by adding at the end the following: ``(to the extent authorized under State law)''; (3) by adding ``and'' at the end of subparagraph (G); (4) in subparagraph (H), by striking ``, and'' and inserting a period; (5) by redesignating subparagraphs (A) through (H) as clauses (i) through (viii) and moving such subparagraphs 2 ems to the right; (6) by inserting before clause (i) (as so redesignated) the following: ``(A) Partial hospitalization services consisting of--''; (7) by inserting after clause (viii) (as so redesignated) the following new subparagraphs: ``(B) Psychiatric rehabilitation services. ``(C) Day treatment services for substance abuse treatment for individuals of any age and for other mental health services for individuals under 19 years of age. ``(D) In-home services. ``(E) Case management services, including collateral services designated as such case management services by the Secretary. ``(F) Ambulatory detoxification services.''; and (8) in subparagraph (I)-- (A) by striking ``such'' and inserting ``Such'', and (B) by redesignating such subparagraph as subparagraph (G). (c) Permitting Non-Physician Providers To Supervise Individual Program of Treatment.--Section 1861(ff)(1) (42 U.S.C. 1395x(ff)(1)) is amended by inserting after ``supervision of a physician'' the following: ``(or, to the extent permitted under the law of the State in which the services are furnished, a non-physician mental health or substance abuse treatment professional)''. (d) Requiring Services To Meet Management Standards.--Section 1861(ff)(1) (42 U.S.C. 1395x(ff)(1)) is amended by striking the period at the end and inserting the following: ``, but does not include any item or service that is not furnished in accordance with standards established by the Secretary for the management of such services.''. (e) Programs Eligible To Provide Services.--Section 1861(ff)(3) (42 U.S.C. 1395x(ff)(3)) is amended to read as follows: ``(3) A program described in this paragraph is a program (whether facility-based or freestanding) which is furnished by an entity-- ``(A) legally authorized to furnish such a program under State law (or the State regulatory mechanism provided by State law) or certified to furnish such a program by an appropriate accreditation entity approved by the State in consultation with the Secretary; and ``(B) meeting such other requirements as the Secretary may impose to assure the quality of the intensive community-based services provided.''. (f) Waiver of Copayment for Case Management Services Furnished to Certain Individuals.--Section 1833(a)(2) (42 U.S.C. 1395l(a)(2)), as amended by section 147(f)(6)(C) of the Social Security Act Amendments of 1994, is amended-- (1) in subparagraph (B), by striking ``or (E)'' and inserting ``(E), or (F)''; (2) by striking ``and'' at the end of subparagraph (E); (3) by adding ``and'' at the end of subparagraph (F); and (4) by adding at the end the following new subparagraph: ``(G) with respect to services described in section 1832(a)(2)(J)(i), the amount determined under subparagraph (B), except that `100 percent' shall be substituted for any reference in such subparagraph to `80 percent';''. (g) Conforming Amendments.--(1) Section 1835(a)(2)(F) (42 U.S.C. 1395n(a)(2)(F)) is amended-- (A) by striking ``partial hospitalization'' and inserting ``intensive community-based''; and (B) in clause (ii), by striking ``physician'' and inserting ``physician (or, to the extent permitted under the law of the State in which the services are furnished, a non-physician mental health professional)''. (2) Section 1861(s)(2)(B) (42 U.S.C. 1395x(s)(2)(B)) is amended by striking ``partial hospitalization'' and inserting ``intensive community-based''. (3) Section 1861(ff) (42 U.S.C. 1395x(ff)) is amended-- (A) in the heading, by striking ``Partial Hospitalization'' and inserting ``Intensive Community-Based''; and (B) in paragraph (1), by striking ``partial hospitalization'' and inserting ``intensive community-based''. (4) Section 1866(e)(2) (42 U.S.C. 1395cc(e)(2)) is amended by striking ``partial hospitalization'' and inserting ``intensive community-based''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to items and services furnished on or after January 1, 1996.

Medicare Mental Health Improvement Act - Amends title XVIII (Medicare) of the Social Security Act to: (1) include under Medicare coverage inpatient hospital services for up to 60 days during a year when furnished primarily for the diagnosis or treatment of mental illness or substance abuse; (2) require patient payment for services rendered beyond such limit; and (3) make such changes effective on January 1, 1996 (with exceptions and transition provisions). (Sec. 3) Includes under Medicare coverage the following "intensive residential services" for up to 120 days in a year: (1) residential detoxification centers; (2) crisis or mental illness residential treatment programs; (3) therapeutic family or group treatment homes; and (4) residential centers for substance abuse treatment. Requires facilities providing such services to be authorized to do so and to meet quality standards imposed by the Secretary of Health and Human Services. Allows additional days to be taken for intensive residential services from the 60 days permitted for inpatient hospital services (with an actuarial cost limit), requiring at least 15 days to be retained yearly for the latter services. Provides for the determination of payment amounts for intensive residential services. (Sec. 4) Subjects inpatient hospitalization and intensive residential services to the same deductibles and copayment as inpatient hospital services for physical disorders. (Sec. 5) Makes mental health case management services available with no copayment and for an unlimited duration for an adult with serious mental illness, a child with a serious emotional disturbance, or an adult or child with a serious substance abuse disorder. Makes day treatment available for up to 180 days annually for children under 19. Allows additional days for day treatment services for such children to be taken from intensive residential services (with an actuarial cost limit). Authorizes coverage for up to 90 days annually, with a 20 percent copayment requirement, for: (1) partial hospitalization; (2) psychiatric rehabilitation; (3) day treatment for substance abuse and for children under age 19; (4) in-home services; (5) case management; and (6) ambulatory detoxification. Permits non-physician mental health or substance abuse professionals to supervise an individual plan of treatment to the extent permitted under State law. Requires any program furnishing mental health or substance abuse services to be legally authorized under State law or accredited by an organization approved by the Secretary in consultation with the State. Requires such programs to meet standards established by the Secretary for the management of such services.

Medicare Mental Health Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Recovery Adjustment Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the deterioration of financial firms in 2008 and the resulting crisis of confidence in the financial markets have required broad intervention by the Federal Government in the financial sector; (2) the Emergency Economic Stabilization Act of 2008, signed by President Bush on October 3, 2008, included a $700,000,000,000 Troubled Asset Relief Program (or ``TARP'') for the express purpose of ``providing stability to and preventing disruption in the economy and financial system''; (3) the investment and commercial banks and other financial institutions that have received taxpayer-funded bailouts perform public functions supporting the operation of the economy, in addition to their private profit-making functions; (4) reports of billions of dollars in compensation and obligations to executives have eroded public confidence in the TARP, and have caused increasing opposition to other bailout proposals, thereby impeding the Government's ability to address the financial crisis; (5) participation in the TARP and any other Federal Government bailout program should be conditioned on a fair restructuring of executive compensation obligations; (6) taxpayer dollars should not support unreasonable compensation to executives, particularly when in the absence of taxpayer support, such compensation would be reduced as part of a bankruptcy restructuring or liquidation; and (7) establishing a due process forum will allow the Government to ensure that executive compensation relying on taxpayer funds is fair and reasonable, and that all sides enjoy an opportunity to be heard. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Assisted entity.--The term ``assisted entity'' means any recipient or applicant for assistance under the TARP. (2) Panel.--The term ``Panel'' means the Temporary Economic Recovery Oversight Panel established under section 7. (3) Executive compensation.--The term ``executive compensation'' means wages, salary, deferred compensation, benefits, retirement arrangements, options, bonuses, office fixtures, goods, or other property, travel, or entertainment, vacation expenses, and any other form of compensation, obligation, or expense that is not routinely provided to all other employees of the assisted entity. (4) Office.--The term ``Office'' means the Office of the Taxpayer Advocate, established under section 4. (5) TARP.--The terms ``TARP'' and ``TARP funds'' mean the Troubled Asset Relief Program established under section 101 of the Emergency Economic Stabilization Act of 2008 and funds received thereunder, respectively, or pursuant to any successor program. (6) Secretary.--The term ``Secretary'' means Secretary of the Treasury. SEC. 4. TAXPAYER ADVOCATE. (a) Establishment.--There is established within the Department of Justice, the Office of the Taxpayer Advocate. (b) Advocate.--The Office shall be headed by an Advocate, to be appointed by the Attorney General of the United States for such purpose. (c) Duties.--The Advocate is authorized to conduct ongoing audits and oversight of the recipients of TARP funds with respect to compensation of the officers and directors of such entities. (d) Access to Records.-- (1) In general.--To the extent otherwise consistent with law, the Advocate and the Office shall have access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things, or property belonging to or in use by the assisted entity and to the officers, directors, employees, independent public accountants, financial advisors, and other agents and representatives thereof (as related to the agent or representative's activities on behalf of or under the authority of the assisted entity) at such reasonable time as Office may request. (2) Copies.--The Advocate may make and retain copies of such books, accounts, and other records as the Advocate deems appropriate for the purposes of this Act. (e) Reporting.--The Advocate shall submit quarterly reports of findings under this Act to the appropriate committees of Congress, the Secretary and the Special Inspector General for the TARP established under the Emergency Economic Stabilization Act of 2008 on the activities and performance of the Office. (f) Audits.--The Office is authorized to conduct an audit of any assisted entity for purposes of this Act. SEC. 5. POWERS OF THE OFFICE. (a) Investigations and Evidence.--The Office may, for purposes of carrying out this Act-- (1) take depositions or other testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Office. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (B) Additional enforcement.--Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under the authority of this section. (c) Information From Federal Agencies.--The Office may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Office conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Office, upon request. SEC. 6. EXECUTIVE COMPENSATION AUTHORITY. (a) Negotiated Reductions Authorized.--The Advocate is authorized to assist the Secretary in the negotiation of assistance under the TARP, in order to assure that fair and reasonable executive compensation is paid by entities receiving TARP funds, and to defend any such agreements in the event of any challenge to the adjustments to compensation obligations. If, after an audit authorized by this Act, the Advocate finds reason to believe that any assisted entity would have become insolvent if not for the receipt of assistance under the TARP, the Advocate shall negotiate a reduction in the executive compensation obligations of the assisted entity as a condition of the continuing use or future receipt of such TARP assistance. (b) Form.--Negotiated reductions in compensation under subsection (a)-- (1) may include vested deferred compensation; and (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted and the entity had filed for bankruptcy protection. (c) Certification to Adjustment Panel.--The Advocate shall certify the findings of the Office under this section to the Panel. SEC. 7. TEMPORARY ECONOMIC RECOVERY OVERSIGHT PANEL. (a) Establishment.--There is established the Temporary Economic Recovery Oversight Panel. (b) Makeup of Panel.--The Panel shall be comprised of 5 members, appointed by the President for such purpose from among United States bankruptcy court judges. The Secretary shall provide for appropriate space and staff to support the functioning of the Panel. (c) Duties.--The Panel shall-- (1) promptly evaluate each proposed settlement reached under section 6; (2) approve or deny such proposed settlement; and (3) if no settlement is reached under section 6, upon petition of the Advocate or any individual subject to the actions of the Advocate under section 6, issue an order establishing an executive compensation program for such individuals in accordance with this section. (d) Notice and Hearing Required.--The Advocate shall provide adequate notice to all affected persons of its intention to seek an order from the Panel in accordance with this section, and the Panel shall hold an evidentiary hearing on any proposed settlement or petition of the Advocate. (e) Standing.--Under any proceeding before the Panel, any individual whose compensation might be adversely affected by Panel action shall be a party in interest, having full procedural rights, including the right to challenge a settlement between the assisted entity and the Advocate, to challenge the certified findings of the Advocate, or to appeal any order of the Panel. (f) Appeals.--The Advocate and any party having standing before the Panel shall have the right to appeal an order under this Act directly to the United States Court of Appeals for the District of Columbia Circuit. (g) Effective Period.--Any order of the Panel setting forth a reduction in compensation shall be effective 6 months after confirmation, and shall remain in effect while any obligation arising from assistance provided under the TARP remains outstanding.

Economic Recovery Adjustment Act of 2009 - Establishes within the Department of Justice the Office of the Taxpayer Advocate to conduct audits and oversight of the compensation of the officers and directors of entities assisted under the Troubled Asset Relief Program (TARP). Authorizes the Advocate to assist the Secretary of the Treasury in the negotiation of TARP assistance in order to: (1) assure that fair and reasonable executive compensation is paid by entities receiving TARP funds; and (2) defend such agreements in the event of any challenge to the adjustments to compensation obligations. States that negotiated reductions in compensation under this Act: (1) may include vested deferred compensation; and (2) shall be in an amount that is fair and reasonable in light of the taxpayers' assistance, but not less than the estimated value of the compensation obligations that would face the estate or debtor-in-possession if the TARP funds had not been granted, and the entity had filed for bankruptcy protection. Requires the Advocate to negotiate a reduction in executive compensation obligations as a prerequisite to TARP assistance if, after an audit, the Advocate finds reason to believe that the assisted entity would have become insolvent if not for the receipt of TARP assistance. Establishes the Temporary Economic Recovery Oversight Panel to: (1) either approve or deny a proposed settlement; or (2) upon petition of the Advocate (or of any individual subject to the Advocate's actions), issue an order establishing an executive compensation program if no settlement is reached.

A bill to establish the Temporary Economic Recovery Adjustment Panel to curb excessive executive compensation at firms receiving emergency economic assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Protective Security Advisor Act of 2007''. SEC. 2. PROTECTIVE SECURITY ADVISOR. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 210F. PROTECTIVE SECURITY ADVISOR PROGRAM OFFICE. ``(a) In General.--There is in the Department a Protective Security Advisor Program Office (in this section referred to as the `Office') within the Protective Security Coordination Division of the Office of Infrastructure Protection. ``(b) Responsibilities.--The Office shall have the primary responsibility and be the lead office within the Department for-- ``(1) encouraging State, local, and tribal governments and private sector owners and operators of critical infrastructure and key resources to participate and collaborate within the risk management framework of the National Infrastructure Protection Plan, or any successor thereto; ``(2) coordinating national and intergovernmental critical infrastructure and key resource activities with State, local, and tribal governments and owners and operators of critical infrastructure or key resources; ``(3) facilitating and conducting requirements, capabilities, and risk assessment analyses that enhance critical infrastructure and key resources preparedness; ``(4) promoting information sharing and security awareness, particularly with State homeland security advisors and private sector security officials; ``(5) assisting State, local, and tribal governments in developing multi-jurisdictional security plans; ``(6) helping to ensure ongoing coordination between Federal, State, local, and tribal governments, owners and operators of critical infrastructure or key resources, emergency response providers, and related agencies; ``(7) serving as infrastructure liaison officials, with primary responsibility to advise the designated Principal Federal Official on issues dealing with nationally critical infrastructure, when a joint field office is activated in response to a natural disaster or terrorist event; and ``(8) facilitating and coordinating interaction with international security partners relating to the activities of the Department regarding international activities described in the National Infrastructure Protection Plan, or any successor thereto. ``(c) Protective Security Advisor Assignments and Distribution Plan.-- ``(1) In general.--The Secretary shall develop a plan for the assignment and distribution of protective security advisors that takes into account baseline requirements and anticipated growth after the date of enactment of this section of the need for such advisors. ``(2) Plan requirements.-- ``(A) In general.--The plan developed under paragraph (1) shall-- ``(i) ensure that protective security advisors are located across the United States to ensure appropriate coverage and coordinated support, with particular emphasis on high-risk regions, as determined by the Office; and ``(ii) assign protective security advisors and support staff based on risk, including consideration of assigning additional protective security advisors in areas of greater population density and concentration of critical infrastructure and key resources. ``(B) Minimum requirements.--At a minimum, the plan developed under paragraph (1) shall provide that-- ``(i) at least 1 protective security advisor shall be located in each State; ``(ii) at least 10 supervisory protective security advisors shall be located throughout the United States, to provide regional coordination and management; ``(iii) each supervisory protective security advisor shall have appropriate support staff to assist in performing the duties of that supervisory protective security advisor; and ``(iv) the headquarters of the Office shall include-- ``(I) at least 2 protective security advisors to manage the participation of protective security advisors in special events, training programs, and exercise programs; ``(II) at least 2 protective security advisors to manage the training and standards program for protective security advisors to ensure that personnel are certified in the latest security practices; ``(III) at least 2 protective security advisors to manage day-to-day contingency operations in preparation for, or response to, a natural disaster or terrorist event; and ``(IV) appropriate support staff to assist in performing the duties of the Office. ``(3) Report.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate a report outlining and justifying the plan developed under paragraph (1). ``(d) Biennial Reporting.--The Secretary shall submit to Congress a report regarding the activities of the Office every 2 years. ``(e) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $40,000,000 for each of fiscal years 2009 and 2010; and ``(B) such sums as are necessary for each fiscal year thereafter. ``(2) Availability.--Amounts made available pursuant to this subsection shall remain available until expended.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 210E the following: ``Sec. 210F. Protective Security Advisor Program Office.''.

Supporting America's Protective Security Advisor Act of 2007 - Amends the Homeland Security Act of 2002 to establish the Protective Security Advisor Program Office within the Protective Security Coordination Division of the Office of Infrastructure Protection of the Department of Homeland Security (DHS). Requires the Office to have primary responsibility within DHS for: (1) encouraging state, local, and tribal governments and private sector owners and operators of critical infrastructure and key resources to participate and collaborate within the risk management framework of the National Infrastructure Protection Plan; (2) coordinating national and intergovernmental critical infrastructure and key resource activities with such governments, owners, and operators; (3) facilitating and conducting requirements, capabilities, and risk assessment analyses that enhance critical infrastructure and key resources preparedness; (4) promoting information sharing and security awareness; (5) assisting such governments in developing multijurisdictional security plans; (6) helping to ensure coordination among such governments, such owners and operators, emergency response providers, and related agencies; (7) serving as infrastructure liaison officials when a joint field office is activated in response to a natural disaster or terrorist event; and (8) facilitating and coordinating interaction with international security partners. Directs the Secretary of Homeland Security to develop a plan for the assignment and distribution of protective security advisors that takes into account baseline requirements and anticipated growth to: (1) ensure that protective security advisors are located across the United States and provide appropriate coverage and coordinated support, especially in high-risk regions; and (2) assign protective security advisors and support staff based on risk.

A bill to amend the Homeland Security Act of 2002 to establish the Protective Security Advisor Program Office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consultation and Coordination With Indian Tribal Governments Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Accountable consultation process.--The term ``accountable consultation process'' means a process of government-to-government dialogue between the agency and Indian tribes to ensure meaningful and timely input by tribal officials in the formulating, amending, implementing, or recinding one or more policies that have tribal implications. The process shall ensure, at a minimum, the following: (A) That tribal officials have ample opportunity to provide input and recommendations to the agencies regarding formulating, amending, implementing, or recinding policies that have tribal implications. (B) That tribal input and recommendations are fully considered by the agency before policies that have tribal implications are formulated, amended, implemented, or recinded. (C) That, upon the formulation, amendment, implementation, or recision of policies that have tribal implications, tribal officials shall be provided with written notification of the formulation, amendment, implementation, or recision of such policies and given a copy of those policies. (D) That any policies that have tribal implications shall not become effective until at least 60 days after written notification to tribal officials pursuant to subparagraph (D). (2) Agency.--The term ``agency'' means the Department of the Interior, the Indian Health Service, and the National Indian Gaming Commission. (3) Indian tribe.--The term ``Indian tribe'' means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (4) Policies that have tribal implications.--The term ``policies that have tribal implications'' means any measure by the agency that has or is likely to have a direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, such as regulations, legislative comments or proposed legislation, and other policy statements or actions, guidance, clarification, standards, or sets of principles. (5) Tribal officials.--The term ``tribal officials'' means elected or duly appointed officials of Indian tribal governments, or their designees. SEC. 3. FUNDAMENTAL PRINCIPLES. When formulating, amending, implementing, or recinding one or more policies that have tribal implications, an agency shall be guided by the following fundamental principles: (1) The United States has a unique legal and political relationship with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive orders, and court decisions. The Federal Government has enacted numerous statutes and promulgated numerous regulations that establish and define a trust relationship with Indian tribes. (2) Our Nation, under the law of the United States, in accordance with treaties, statutes, Executive orders, and judicial decisions, has recognized the right of Indian tribes to self-government. Indian tribes exercise inherent sovereign powers over their members and territory. The United States continues to work with Indian tribes on a government-to- government basis to address issues concerning Indian tribal self-government, tribal trust resources, and Indian tribal treaty and other rights. (3) The United States recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self- determination. SEC. 4. POLICYMAKING CRITERIA. In addition to adhering to the fundamental principles set forth in section 3, when formulating, amending, implementing, or recinding one or more policies that have tribal implications each agency shall adhere to the following criteria: (1) Each agency shall respect Indian tribal self-government and sovereignty, honor tribal treaty and other rights, and strive to meet the responsibilities that arise from the unique legal and political relationship between the Federal Government and Indian tribal governments. (2) With respect to Federal statutes and regulations administered by Indian tribal governments, each agency shall ensure Indian tribal governments the maximum administrative discretion possible. (3) Each agency shall-- (A) encourage Indian tribes to develop their own policies to achieve program objectives; (B) to the extent they do not violate other applicable laws, defer to Indian tribes to establish standards; and (C) in determining whether to establish Federal standards, consult with tribal officials as to the need for Federal standards and any alternatives that would limit the scope of Federal standards or otherwise preserve the prerogatives and authority of Indian tribes. SEC. 5. CONSULTATION. Each agency shall have an accountable consultation process. Not later than 30 days after the date of the enactment of this Act, the head of each agency shall designate an official with principal responsibility for the agency's implementation of this Act. Not later than 60 days after the date of the enactment of this Act, the designated official shall submit a description of the agency's accountable consultation process to the Committee on Natural Resources of the House of Representative and the Committee on Indian Affairs of the Senate. SEC. 6. UNFUNDED MANDATES. To the extent practicable and permitted by law, no agency shall formulate, amend, or implement any policy that has tribal implications that imposes substantial direct compliance costs on Indian tribal governments and is not required by Federal law unless-- (1) funds necessary to pay the substantial direct costs incurred by the Indian tribal government or the Indian tribe in complying with the policy are provided by the Federal Government; or (2) the agency, before the implementation of the policy-- (A) consulted through the accountable consultation process with tribal officials early in the process of developing the proposed policy; and (B) in a separately identified portion of the preamble to the policy, provided to the Committee on Natural Resources of the House of Representative, the Committee on Indian Affairs of the Senate, and affected Indian tribes a tribal summary impact statement containing-- (i) a description of the extent of the agency's prior consultation with tribal officials; (ii) a summary of the nature of the concerns of the tribal officials and the agency's position supporting the need to issue the regulation; and (iii) a statement of the extent to which the concerns of tribal officials have been met. SEC. 7. TRIBAL SELF-GOVERNMENT, TRIBAL TRUST RESOURCES, OR INDIAN TRIBAL TREATY AND OTHER RIGHTS. On issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other rights, each agency shall explore and, where appropriate, use consensual mechanisms for developing policies, including consideration of negotiated rulemaking. SEC. 8. PREEMPTION OF TRIBAL LAW. To the extent practicable and permitted by law, no agency shall establish or implement any policy that has tribal implications and that preempts tribal law unless the agency, before the implementation of the policy-- (1) consulted through the accountable consultation process with tribal officials in development of the proposed policy; and (2) in a separately identified portion of the preamble to the policy, provided to the Committee on Natural Resources of the House of Representative, the Committee on Indian Affairs of the Senate, and affected Indian tribes a tribal summary impact statement containing-- (A) a description of the extent of the agency's prior consultation with tribal officials; (B) a summary of the nature of the concerns of the tribal officials and the agency's position supporting the need to issue the regulation; and (C) a statement of the extent to which the concerns of tribal officials have been met. SEC. 9. INCREASING FLEXIBILITY FOR INDIAN TRIBAL WAIVERS. (a) Review; Streamlining of Waiver Process.--Each agency shall review the processes under which Indian tribes apply for waivers of statutory and regulatory requirements and take appropriate steps to streamline those processes. (b) Flexible Policy Approaches.--Each agency shall, to the extent practicable and not in violation with other Federal laws, consider any application by an Indian tribe for a waiver of statutory or regulatory requirements in connection with any program administered by the agency with a general view toward increasing opportunities for using flexible policy approaches at the Indian tribal level in cases in which the proposed waiver is consistent with the applicable Federal policy objectives and is otherwise appropriate. (c) Decision on Application for Waiver.--Each agency shall, to the extent practicable and not in violation with other Federal laws, render a decision upon a complete application for a waiver not later than 120 days of receipt of such application by the agency, or as otherwise provided by Federal law or regulation. If the application for waiver is not granted, the agency shall provide the applicant with timely written notice of the decision and the reasons therefor. (d) Applicability of Section.--This section applies only to statutory or regulatory requirements that are discretionary and subject to waiver by the agency.

Consultation and Coordination with Indian Tribal Governments Act - Requires the Department of the Interior, the Indian Health Service, and the National Indian Gaming Commission, when formulating, amending, implementing, or rescinding policies that have tribal implications, to adhere to certain fundamental principles and policymaking criteria, including that the United States: (1) has a unique legal and political relationship with Indian tribal governments; (2) recognizes the right of Indian tribes to self government; and (3) shall encourage Indian tribes to develop their own policies to meet program objectives. Prohibits such entities from formulating, amending, or implementing policies that impose substantial direct compliance costs on Indian tribal governments and are not required by federal law, unless: (1) funds necessary to pay such costs are provided by the federal government; or (2) the entities consulted with tribal officials early in the process of developing the proposed policy and provided a tribal summary impact statement to specified congressional committees and affected tribes. Requires such entities to have accountable consultation processes and to explore and use consensual mechanisms for developing policies on issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other rights. Prohibits such entities from implementing policies that have tribal implications and that preempt tribal law unless the entities: (1) consulted with tribal officials in the policy's development; and (2) provided to specified congressional committees and affected Indian tribes a tribal summary impact statement. Sets forth provisions concerning the process for Indian tribes applying for waivers from requirements.

To establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nye County Higher Education Campus Conveyance Act''. SEC. 2. DEFINITIONS. (a) Definitions.--In this Act: (1) Chancellor.--The term ``Chancellor'' means the Chancellor of the University system. (2) County.--The term ``County'' means the County of Nye, Nevada. (3) College.--The term ``College'' means the Nye County Nevada Higher Education Campus in Pahrump Valley, Nevada, a component of the University system. (4) Federal land.--The term ``Federal land'' means the parcel of Bureau of Land Management land identified on the map as the N\1/2\ (excluding the NW\1/4\NW\1/4\) of sec. 2 of T. 21 S., R. 54 E. (5) Map.--The term ``map'' means the map entitled ``Southern Nevada Public Land Management Act'' and dated October 1, 2002. (6) State.--The term ``State'' means the State of Nevada. (7) University system.--The term ``University system'' means the University and Community College System of Nevada. SEC. 3. CONVEYANCE TO THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA. (a) In General.--Notwithstanding the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and section 1(c) of the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), not later than 1 year after the date on which a survey defining the official metes and bounds of the Federal land is approved by the Secretary, the Secretary shall convey to the University system without consideration, all right, title, and interest of the United States in and to the Federal land for use as a campus for the College. (b) Conditions.-- (1) In general.--As a condition of the conveyance under subsection (a), the Chancellor shall agree in writing-- (A) to pay any administrative costs associated with the conveyance, including the cost of any environmental, wildlife, cultural, or historical resources studies; (B) to use the Federal land conveyed for educational and recreational purposes; (C) to release and indemnify the United States from any claims or liabilities which may arise from uses that are carried out on the Federal land on or before the date of enactment of this Act by the United States or any person; (D) as soon as practicable after the date of the conveyance under subsection (a), to erect at the College an appropriate and centrally located monument that acknowledges the conveyance of the Federal land by the United States for the purpose of furthering the higher education of citizens in the State; and (E) to assist the Bureau of Land Management in providing information to the students of the College and the citizens of the State on-- (i) public land in the State; and (ii) the role of the Bureau of Land Management in managing, preserving, and protecting the public land. (2) Valid existing rights.--The conveyance under subsection (a) shall be subject to all valid existing rights. (c) Use of Federal Land.-- (1) In general.--The University system may use the land conveyed under subsection (a) for-- (A) any purpose relating to the establishment, operation, growth, and maintenance of the College; and (B) any uses relating to those purposes, including residential and commercial development that would generally be associated with an institution of higher education. (2) Other entities.--The University system may-- (A) consistent with Federal and State law, lease or otherwise provide property or space at the College, with or without consideration, to religious, public interest, community, or other groups for services and events that are of interest to the College, the University system, or any community located in the County; (B) allow the County or any other community in the County to use facilities of the College for educational and recreational programs of the County or community; and (C) in conjunction with the County, plan, finance (including through the provision of cost-share assistance), construct, and operate facilities for the County on the Federal land for educational or recreational purposes consistent with this section. (d) Reversion.--If the Federal land or any portion of the Federal land conveyed under subsection (a) ceases to be used for the College, the Federal land or any portion of the Federal land shall, at the discretion of the Secretary, revert to the United States.

Nye County Higher Education Campus Conveyance Act - Requires the conveyance, without consideration, of all right, title, and interest of the United States in and to specified Bureau of Land Management land in the State of Nevada to the University and Community College System of Nevada for use as a campus for the Nye County Nevada Higher Education Campus in Pahrump Valley, Nevada.

A bill to amend title 38, United States Code, to improve and extend housing, education, and other benefits under the laws administered by the Secretary of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Interstate Class Action Jurisdiction Act of 1999''. (b) Reference.--Whenever in this Act reference is made to 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 title 28, United States Code. SEC. 2. FINDINGS. The Congress finds that-- (1) as recently noted by the United States Court of Appeals for the Third Circuit, interstate class actions are ``the paradigm for Federal diversity jurisdiction because, in a constitutional sense, they implicate interstate commerce, invite discrimination by a local State, and tend to attract bias against business enterprises''; (2) most such cases, however, fall outside the scope of current Federal diversity jurisdiction statutes; (3) that exclusion is an unintended technicality, inasmuch as those statutes were enacted by Congress before the rise of the modern class action and therefore without recognition that interstate class actions typically are substantial controversies of the type for which diversity jurisdiction was designed; (4) Congress is constitutionally empowered to amend the current Federal diversity jurisdiction statutes to permit most interstate class actions to be brought in or removed to Federal district courts; and (5) in order to ensure that interstate class actions are adjudicated in a fair, consistent, and efficient manner and to correct the unintended, technical exclusion of such cases from the scope of Federal diversity jurisdiction, it is appropriate for Congress to amend the Federal diversity jurisdiction and related statutes to allow more interstate class actions to be brought in or removed to Federal court. SEC. 3. JURISDICTION OF DISTRICT COURTS. (a) Expansion of Federal Jurisdiction.--Section 1332 is amended by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following: ``(b)(1) The district courts shall have original jurisdiction of any civil action which is brought as a class action and in which-- ``(A) any member of a proposed plaintiff class is a citizen of a State different from any defendant; ``(B) any member of a proposed plaintiff class is a foreign state and any defendant is a citizen of a State; or ``(C) any member of a proposed plaintiff class is a citizen of a State and any defendant is a citizen or subject of a foreign state. As used in this paragraph, the term `foreign state' has the meaning given that term in section 1603(a). ``(2)(A) The district courts shall not exercise jurisdiction over a civil action described in paragraph (1) if the action is-- ``(i) an intrastate case; ``(ii) a limited scope case; or ``(iii) a State action case. ``(B) For purposes of subparagraph (A)-- ``(i) the term `intrastate case' means a class action in which the record indicates that-- ``(I) the claims asserted therein will be governed primarily by the laws of the State in which the action was originally filed; and ``(II) the substantial majority of the members of all proposed plaintiff classes, and the primary defendants, are citizens of the State in which the action was originally filed; ``(ii) the term `limited scope case' means a class action in which the record indicates that all matters in controversy asserted by all members of all proposed plaintiff classes do not in the aggregate exceed the sum or value of $1,000,000, exclusive of interest and costs, or a class action in which the number of members of all proposed plaintiff classes in the aggregate is less than 100; and ``(iii) the term `State action case' means a class action in which the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief. ``(3) Paragraph (1) shall not apply to any claim concerning a covered security as that term is defined in section 16(f)(3) of the Securities Act of 1933 and section 28(f)(5)(E) of the Securities Exchange Act of 1934. ``(4) Paragraph (1) shall not apply to any class action solely involving a claim that relates to-- ``(A) the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(B) the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 and the regulations issued thereunder).''. (b) Conforming Amendment.--Section 1332(c) (as redesignated by this section) is amended by inserting after ``Federal courts'' the following: ``pursuant to subsection (a) of this section''. (c) Determination of Diversity.--Section 1332, as amended by this section, is further amended by adding at the end the following: ``(f) For purposes of subsection (b), a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.''. SEC. 4. REMOVAL OF CLASS ACTIONS. (a) In General.--Chapter 89 is amended by adding after section 1452 the following: ``Sec. 1453. Removal of class actions ``(a) In General.--A class action may be removed to a district court of the United States in accordance with this chapter, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed-- ``(1) by any defendant without the consent of all defendants; or ``(2) by any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. ``(b) When Removable.--This section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered. ``(c) Procedure for Removal.--The provisions of section 1446(a) relating to a defendant removing a case shall apply to a plaintiff removing a case under this section. With respect to the application of subsection (b) of such section, the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member, through service or otherwise, of the initial written notice of the class action provided at the court's direction. ``(d) Exceptions.-- ``(1) Covered securities.--This section shall not apply to any claim concerning a covered security as that term is defined in section 16(f)(3) of the Securities Act of 1933 and section 28(f)(5)(E) of the Securities Exchange Act of 1934. ``(2) Internal governance of business entities.--This section shall not apply to any class action solely involving a claim that relates to-- ``(A) the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(B) the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 and the regulations issued thereunder).''. (b) Removal Limitations.--Section 1446(b) is amended in the second sentence-- (1) by inserting ``, by exercising due diligence,'' after ``ascertained''; and (2) by inserting ``(a)'' after ``section 1332''. (c) Technical and Conforming Amendments.--The table of sections for chapter 89 is amended by adding after the item relating to section 1452 the following: ``1453. Removal of class actions.''. (d) Application of Substantive State Law.--Nothing in this section or the amendments made by this section shall alter the substantive law applicable to an action to which the amendments made by section 3 of this Act apply. (e) Procedure After Removal.--Section 1447 is amended by adding at the end the following new subsection: ``(f) If, after removal, the court determines that no aspect of an action that is subject to its jurisdiction solely under the provisions of section 1332(b) may be maintained as a class action under Rule 23 of the Federal Rules of Civil Procedure, it shall dismiss the action. An action dismissed pursuant to this subsection may be amended and filed again in a State court, but any such refiled action may be removed again if it is an action of which the district courts of the United States have original jurisdiction. In any action that is dismissed pursuant to this subsection and that is refiled by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the limitations periods on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. The limitations periods on any claims that were asserted in a class action dismissed pursuant to this subsection that are subsequently asserted in an individual action shall be deemed tolled for the period during which the dismissed class action was pending.''. SEC. 5. APPLICABILITY. The amendments made by this Act shall apply to any action commenced on or after the date of the enactment of this Act. SEC. 6. GAO STUDY. The Comptroller General of the United States shall, by not later than 1 year after the date of the enactment of this Act, conduct a study of the impact of the amendments made by this Act on the workload of the Federal courts and report to the Congress on the results of the study. Passed the House of Representatives September 23, 1999. Attest: JEFF TRANDAHL, Clerk.

Prohibits the district courts from exercising jurisdiction over: (1) a civil action if the action is an intrastate case, a limited scope case, or a State action case; (2) any claim concerning a covered security; and (3) any class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which such enterprise is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.Provides that, for purposes of a determination of diversity of citizenship, a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.(Sec. 4) Allows a class action to be removed to a U.S. district court, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by: (1) any defendant without the consent of all defendants; or (2) any plaintiff class member who is not a named or representative class member of the action for which removal is sought, without the consent of all members of such class. Specifies that this section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered.Makes provisions relating to a defendant removing a case applicable to a plaintiff removing a case under this section. Specifies that the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member of the initial written notice of the class action provided at the court's direction. Makes this section inapplicable to any: (1) claim concerning a covered security; and (2) class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which it is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of a copy of an amended paper from which it may first be ascertained (current law) by exercising due diligence that the case is one which is or has become removable, with an exception.Requires the court to dismiss the action if, after removal, it determines that no aspect of an action that is subject to its jurisdiction solely under this Act may be maintained as a class action under rule 23 of the Federal Rules of Civil Procedure. Permits an action so dismissed to be amended and filed again in a State court, but allows any such re-filed action to be removed again if it is an action of which the U.S. district courts have original jurisdiction. Specifies that in any action dismissed pursuant to this section that is re-filed by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the period of limitations on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. Deems the limitations periods on any claims that were asserted in a class action dismissed pursuant to this section that are subsequently asserted in an individual action to be tolled for the period during which the dismissed class action was pending.Directs the Comptroller General of the United States to conduct a study of the impact of this Act on the workload of the Federal courts and report to Congress.

Interstate Class Action Jurisdiction Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Shipping Container Security Act''. SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY. In carrying out section 114(f) of title 49, United States Code, the Under Secretary of Homeland Security for Border and Transportation Security shall take into account the National Maritime Transportation Security Plan prepared under section 70103 of title 46, United States Code, by the Secretary of the department in which the Coast Guard is operating when the plan is prepared in order to ensure that the strategy for dealing with threats to transportation security developed under section 114(f)(3) of title 49, United States Code, incorporates relevant aspects of the National Maritime Transportation Security Plan and addresses all modes of commercial transportation to, from, and within the United States. SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR INTERMODAL SHIPPING CONTAINER SECURITY. (a) Strategic Plan.-- (1) In general.--Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce in the United States that-- (A) takes into account the security-related authorities and missions of all Federal, State, and local law enforcement agencies that relate to the movement of intermodal shipping containers via air, rail, maritime, or highway transportation in the United States; and (B) establishes as a goal the creation of a comprehensive, integrated strategy for intermodal shipping container security that encompasses the authorities and missions of all those agencies and sets forth specific objectives, mechanisms, and a schedule for achieving that goal. (2) Updates.--The Secretary shall revise the plan from time to time. (b) Identification of Problem Areas.--In developing the strategic plan required by subsection (a), the Secretary shall consult with all Federal, State, and local government agencies responsible for security matters that affect or relate to the movement of intermodal shipping containers via air, rail, maritime, or highway transportation in the United States in order to-- (1) identify changes, including legislative, regulatory, jurisdictional, and organizational changes, necessary to improve coordination among those agencies; (2) reduce overlapping capabilities and responsibilities; and (3) streamline efforts to improve the security of such intermodal shipping containers. (c) Establishment of Steering Group.--The Secretary shall establish, organize, and provide support for an advisory committee, to be known as the Senior Steering Group, of senior representatives of the agencies described in subsection (c). The Group shall meet from time to time, at the call of the Secretary or upon its own motion, for the purpose of developing solutions to jurisdictional and other conflicts among the represented agencies with respect to the security of intermodal shipping containers, improving coordination and information- sharing among the represented agencies, and addressing such other, related matters, as the Secretary may request. (d) Annual Report.--The Secretary, after consulting the Senior Steering Group, shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the activities of the Senior Steering Group and the Secretary under this section, describing the progress made during the year toward achieving the objectives of the plan, and including any recommendations, including legislative recommendations, if appropriate for further improvements in dealing with security-issues related to intermodal shipping containers and related transportation security issues. (e) Biennial Expert Critique.-- (1) Expert panel.--A panel of experts shall be convened once every 2 years by the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure to review plans submitted by the Secretary under subsection (a). (2) Membership.--The panel shall consist of-- (A) 4 individuals selected by the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation and by the chairman and ranking member of House of Representatives Committee on Transportation and Infrastructure, respectively; and (B) 1 individual selected by the 4 individuals selected under subparagraph (A). (3) Qualifications.--Individuals selected under paragraph (2) shall be chosen from among individuals with professional expertise and experience in security-related issues involving shipping or transportation and without regard to political affiliation. (4) Compensation and expenses.--An individual serving as a member of the panel shall not receive any compensation or other benefits from the Federal Government for serving on the panel or be considered a Federal employee as a result of such service. Panel members shall be reimbursed by the Committees for expenses, including travel and lodging, they incur while actively engaged in carrying out the functions of the panel. (5) Function.--The panel shall review plans submitted by the Secretary under subsection (a), evaluate the strategy set forth in the plan, and make such recommendations to the Secretary for modifying or otherwise improving the strategy as may be appropriate. SEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE. (a) In General.--Chapter 701 of title 46, United States Code, is amended-- (1) by redesignating section 70117 as section 70118; and (2) by inserting after section 70116 the following: ``Sec. 70117. Enhanced container-related security measures. ``(a) Tracking Intermodal Container Shipments in the United States.--The Secretary, in cooperation with the Under Secretary of Border and Transportation Security, shall develop a system to increase the number of intermodal shipping containers physically inspected (including noninstrusive inspection by scanning technology), monitored, and tracked within the United States. ``(b) Smart Box Technology.--Under regulations to be prescribed by the Secretary, beginning with calendar year 2007 no less than 50 percent of all ocean-borne shipping containers entering the United States during any calendar year shall incorporate `Smart Box' or equivalent technology developed, approved, or certified by the Under Secretary of Homeland Security for Border and Transportation Security. ``(c) Development of International Standard for Smart Containers.-- The Secretary shall-- ``(1) develop, and seek international acceptance of, a standard for `smart' maritime shipping containers that incorporate technology for tracking the location and assessing the integrity of those containers as they move through the intermodal transportation system; and ``(2) implement an integrated tracking and technology system for such containers. ``(d) Report.--Within 1 year after the date of enactment of the Intermodal Shipping Container Security Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report that contains-- ``(1) a cost analysis for implementing this section; and ``(2) a strategy for implementing the system described in subsection (c)(3).''. (b) Conforming Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the item relating to section 70117 and inserting the following: ``70117. Enhanced container-related security measures. ``70118. Civil penalties.''. SEC. 5. ADDITIONAL RECOMMENDATIONS. Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report that contains the following: (1) Recommendations about what analysis must be performed and the cost to develop and field a cargo container tracking and monitoring system within the United States which tracks all aviation, rail, maritime, and highway cargo containers equipped with smart container technology. (2) Recommendations on how the Department of Homeland Security could help support the deployment of such a system. (3) Recommendations as to how current efforts by the Department of Homeland Security and other Federal agencies could be incorporated into the physical screening or inspection of aviation, rail, maritime, and highway cargo containers within the United States. (4) Recommendations about operating systems and standards for those operating systems, to support the tracking of aviation, rail, maritime, and highway cargo containers within the United States that would include the location of regional, State, and local operations centers. (5) A description of what contingency actions, measures, and mechanisms should be incorporated in the deployment of a nationwide aviation, rail, maritime, and highway cargo containers tracking and monitoring system which would allow the United States maximum flexibility in responding quickly and appropriately to increased terrorist threat levels at the local, State, or regional level. (6) A description of what contingency actions, measures, and mechanisms must be incorporated in the deployment of such a system which would allow for the quick reconstitution of the system in the event of a catastrophic terrorist attack which affected part of the system. (7) Recommendations on how to leverage existing information and operating systems within State or Federal agencies to assist in the fielding of the system. (8) Recommendations on co-locating local, State, and Federal agency personnel to streamline personnel requirements, minimize costs, and avoid redundancy. (9) An initial assessment of the availability of private sector resources which could be utilized, and incentive systems developed, to support the fielding of the system, and the maintenance and improvement as technology or terrorist threat dictate. (10) Recommendations on how this system that is focused on the continental United States would be integrated into any existing or planned system, or process, which is designed to monitor the movement of cargo containers outside the continental United States. SEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS. (a) In General.--Within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that provides a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system. The plan shall identify the cost and feasibility of requiring additional non-manifest documentation for each container, including purchase orders, shipper's letters of instruction, commercial invoices, letters of credit, or certificates of origin. (b) Reduction of Manifest Revision Window.--Within 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations under which the time period for revisions to a container cargo manifest submitted to the Bureau of Customs and Border Protection shall be reduced from 60 days to 45 days after arrival at a United States port. (c) Supply Chain Information.--Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a system to share threat and vulnerability information with all of the industries in the supply chain that will allow ports, carriers, and shippers to report on security lapses in the supply chain and have access to unclassified maritime threat and security information such as piracy incidents. SEC. 7. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED OVERSEAS. (a) In General.--The Secretary of Homeland Security shall substantially increase the number of United States Customs Service inspectors assigned to duty outside the United States under the Container Security Initiative of the United States Customs Service with responsibility for inspecting intermodal shipping containers being shipped to the United States. (b) Staffing Criteria.--In carrying out subsection (a) the Secretary of Homeland Security shall determine the appropriate level for assignment and density of customs inspectors at selected international port facilities by a threat, vulnerability, and risk analysis which, at a minimum, considers-- (1) the volume of containers shipped; (2) the ability of the host government to assist in both manning and providing equipment and resources; (3) terrorist intelligence known of importer vendors, suppliers or manufactures; and (4) other criteria as determined in consult with experts in the shipping industry, terrorism, and shipping container security. (c) Minimum Number.--The total number of customs inspectors assigned to international port facilities shall not be less than the number determined as a result of the threat, vulnerability, and risk assessment analysis which is validated by the Administrator of the Transportation Security Administration within 180 days after the date of enactment of this Act. (d) Plan.--The Secretary shall submit a plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, with timelines, for phasing inspectors into selected port facilities within 180 days after the enactment of this Act. SEC. 8. RANDOM INSPECTION OF CONTAINERS. (a) In General.--The Under Secretary of Homeland Security for Border and Transportation Security shall develop and implement a plan for random inspection of shipping containers in addition to any targeted or pre-shipment inspection of such containers required by law or regulation or conducted under any other program conducted by the Under Secretary. (b) Civil Penalty for Erroneous Manifest.-- (1) In general.--Except as provided in paragraph (2), if the Under Secretary determines on the basis of an inspection conducted under subsection (a) that there is a discrepancy between the contents of a shipping container and the manifest for that container, the Under Secretary may impose a civil penalty of not more than $1,000 for the discrepancy. (2) Manifest discrepancy reporting.--The Under Secretary may not impose a civil penalty under paragraph (1) if a manifest discrepancy report is filed with respect to the discrepancy within the time limits established by Customs Directive No. 3240-067A (or any subsequently issued directive governing the matters therein) for filing a manifest discrepancy report. D23/

Intermodal Shipping Container Security Act - Directs the Under Secretary of Homeland Security for Border and Transportation Security to take into account a certain National Maritime Transportation Security Plan to ensure that the strategy for dealing with threats to transportation security incorporates relevant aspects of the Plan and addresses all modes of commercial transportation to, from, and within the United States. Directs the Secretary of Homeland Security to submit to Congress a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce. Establishes the Senior Steering Group to develop solutions to conflicts among constituent agencies regarding intermodal shipping container security. Amends Federal shipping law to direct the Secretary of Transportation to develop a system to increase the number of intermodal shipping containers physically inspected (including nonintrusive inspection by scanning technology), monitored, and tracked within the United States. Requires, beginning in 2007, no less than 50 percent of all ocean-borne shipping containers entering the United States to incorporate "Smart Box" or equivalent technology. Requires the Secretary of Homeland Security to: (1) report to Congress a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system; (2) issue regulations reducing from 60 days to 45 days after arrival at a U.S. port the time period for revisions to a container manifest that is submitted to the Bureau of Customs and Border Protection; (3) develop a system to share threat and vulnerability information with all of the industries in the supply chain; and (4) substantially increase under the Container Security Initiative the number of U.S. Customs Service inspectors assigned to duty outside of the United States with responsibility for inspecting intermodal shipping containers being shipped to the United States. Directs the Under Secretary to implement a plan for random inspection of shipping containers in addition to any targeted or preshipment inspection of such containers required by law. Sets forth civil penalties for discrepancies found in container manifests.

A bill to improve intermodal shipping container transportation security.

SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY CARD PROGRAM IMPROVEMENTS AND ASSESSMENT. (a) Credential Improvements.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Transportation Security Administration shall commence actions, consistent with section 70105 of title 46, United States Code, to improve the Transportation Security Administration's process for vetting individuals with access to secure areas of vessels and maritime facilities. (2) Required actions.--The actions described under paragraph (1) shall include-- (A) conducting a comprehensive risk analysis of security threat assessment procedures, including-- (i) identifying those procedures that need additional internal controls; and (ii) identifying best practices for quality assurance at every stage of the security threat assessment; (B) implementing the additional internal controls and best practices identified under subparagraph (A); (C) improving fraud detection techniques, such as-- (i) by establishing benchmarks and a process for electronic document validation; (ii) by requiring annual training for Trusted Agents; and (iii) by reviewing any security threat assessment- related information provided by Trusted Agents and incorporating any new threat information into updated guidance under subparagraph (D); (D) updating the guidance provided to Trusted Agents regarding the vetting process and related regulations; (E) finalizing a manual for Trusted Agents and adjudicators on the vetting process; and (F) establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. (3) Report.--Not later than 2 years after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit a report to Congress that evaluates the implementation of the actions described in paragraph (1). (b) Comprehensive Security Assessment of the Transportation Security Card Program.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall commission an assessment of the effectiveness of the transportation security card program (referred to in this section as ``Program'') required under section 70105 of title 46, United States Code, at enhancing security and reducing security risks for facilities and vessels regulated under chapter 701 of that title. (2) Location.--The assessment commissioned under paragraph (1) shall be conducted by a research organization with significant experience in port or maritime security, such as-- (A) a national laboratory; (B) a university-based center within the Science and Technology Directorate's centers of excellence network; or (C) a qualified federally-funded research and development center. (3) Contents.--The assessment commissioned under paragraph (1) shall-- (A) review the credentialing process by determining-- (i) the appropriateness of vetting standards; (ii) whether the fee structure adequately reflects the current costs of vetting; (iii) whether there is unnecessary redundancy or duplication with other Federal- or State-issued transportation security credentials; and (iv) the appropriateness of having varied Federal and State threat assessments and access controls; (B) review the process for renewing applications for Transportation Worker Identification Credentials, including the number of days it takes to review application, appeal, and waiver requests for additional information; and (C) review the security value of the Program by-- (i) evaluating the extent to which the Program, as implemented, addresses known or likely security risks in the maritime and port environments; (ii) evaluating the potential for a non-biometric credential alternative; (iii) identifying the technology, business process, and operational impacts of the use of the transportation security card and transportation security card readers in the maritime and port environments; (iv) assessing the costs and benefits of the Program, as implemented; and (v) evaluating the extent to which the Secretary of Homeland Security has addressed the deficiencies in the Program identified by the Government Accountability Office and the Inspector General of the Department of Homeland Security before the date of enactment of this Act. (4) Deadlines.--The assessment commissioned under paragraph (1) shall be completed not later than 1 year after the date on which the assessment is commissioned. (5) Submission to congress.--Not later than 60 days after the date that the assessment is completed, the Secretary of Homeland Security shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives the results of the assessment commissioned under this subsection. (c) Corrective Action Plan; Program Reforms.--If the assessment commissioned under subsection (b) identifies a deficiency in the effectiveness of the Program, the Secretary of Homeland Security, not later than 60 days after the date on which the assessment is completed, shall submit a corrective action plan to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives that-- (1) responds to findings of the assessment; (2) includes an implementation plan with benchmarks; (3) may include programmatic reforms, revisions to regulations, or proposals for legislation; and (4) shall be considered in any rulemaking by the Department of Homeland Security relating to the Program. (d) Inspector General Review.--If a corrective action plan is submitted under subsection (c), the Inspector General of the Department of Homeland Security shall-- (1) not later than 120 days after the date of such submission, review the extent to which such plan implements the requirements under subsection (c); and (2) not later than 18 months after the date of such submission, and annually thereafter for 3 years, submit a report to the congressional committees set forth in subsection (c) that describes the progress of the implementation of such plan. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on December 10, 2016. (Sec. 1) This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities. These actions shall include: conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment; implementing such internal controls and best practices; improving fraud detection techniques; updating the guidance provided to Trusted Agents (Credentialing Office) regarding the vetting process and related regulations; finalizing a manual for such agents and adjudicators on the vetting process; and establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident. The assessment shall review: the credentialing process, the process for renewing TWIC applications, and the security value of the TWIC program. If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that: responds to assessment findings and includes an implementation plan with benchmarks, and shall be considered in any DHS rulemaking with respect to the TWIC Program. The DHS Inspector General must review and report on the corrective action plan.

To require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Fraud Recovery Act of 2008''. SEC. 2. PROMOTING MEDICAID FRAUD INVESTIGATIONS AND PROSECUTIONS BY LOCAL GOVERNMENTS. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Use and Funding of Local Fraud Units.-- ``(1) In general.--Nothing in this title shall be construed as preventing a county or other local government from establishing a local fraud investigative unit to investigate and prosecute provider and recipient fraud under this title within the jurisdiction of such local government. ``(2) State recognition and funding of local units.--In the case of the establishment by a local government of a local fraud investigative unit in a State under paragraph (1), the State shall provide in its State plan under this title the following: ``(A) Recognition of unit.--The plan shall recognize such a unit and permit its operations in accordance with this subsection and may not establish internal procedures that prevent such a unit from being recognized or functioning. ``(B) Data sharing required.--The Department of Health of the State and any administrative unit responsible for claims administration under this title in the State shall make available to such unit all data relating to this title in the area of such unit. ``(C) Pass-through payment of ffp.--The State shall provide for payment, on a pass-through basis, to the local government of the Federal financial participation received by the State under section 1903(a) which is attributable to expenses of such unit. ``(D) Repayment of local share in case of recoupment.--In the case of a State in which local governments are responsible for paying a portion of medical assistance expenses, if there is a recoupment of funds under the State plan and-- ``(i) the recoupment was a result of activities of such a unit of local government, the State shall provide for payment to the local government of its original share of the expenses for which the recoupment is made; or ``(ii) the recoupment was not the result of activities of such a local government unit, the State shall provide for the payment described in clause (i) to the local government unless otherwise provided under an agreement between the State and local government involved. ``(E) Payment of bounty in case of local prosecution.--If funds under the plan are recouped and an investigation by such local unit led the recoupment of funds, the State shall, from its share of such recouped funds, provide for payment to the local government of a bounty equal to 10 percent of such recouped share. ``(3) Explanation for failures to prosecute.--If a State refuses to prosecute a case which has been referred to it by a local fraud investigative unit described in paragraph (1), the State must provide to the unit a statement that-- ``(A) explains the reasons for such refusal; and ``(B) identifies which entity is more appropriate to handle the prosecution or resolution of the case and the reasons for selecting such entity. ``(4) Requirement for semi-annual reports.--As a condition for the provision of payments to a State (or to a locality under paragraph (2)(C)) under subsection (a)(6), the State or locality shall submit semiannual reports to the Secretary. Such reports shall contain such information on investigations and prosecutions of fraud under this title as the Secretary may specify. ``(5) Method for determination of referrals.--For purposes of this subsection, the State shall establish a method for determining whether a recoupment of funds was a result of activities of a unit of local government and for identifying cases in which a local fraud investigative unit has referred a case for prosecution.''. SEC. 3. ENHANCED MEDICAID FUNDING FOR ANTI-FRAUD ACTIVITIES. (a) In General.--Section 1903(a)(6)(B) of the Social Security Act (42 U.S.C. 1396b(a)(6)(B)) is amended by inserting before the semicolon at the end the following: ``plus, not subject to the limitations of subsection (b)(3), 66\2/3\ percent of such additional sums expended in the quarter for fraud investigative activities, whether conducted by such unit or by local fraud investigative units described in subsection (aa)(1)''. (b) Effective Date.--The amendment made by paragraph (1) shall apply to expenditures occurring on or after October 1, 2008.

Medicaid Fraud Recovery Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to provide for: (1) use of local Medicaid fraud investigative units; and (2) enhanced Medicaid funding for anti-fraud activities by such local or state Medicaid fraud control units.

To amend title XIX of the Social Security Act to strengthen State and local government efforts to investigate and prosecute fraud and abuse in the Medicaid Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring the Partnership for County Health Care Costs Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States Supreme Court has interpreted the 8th Amendment to require governmental entities to provide medical care to persons involuntarily confined in jails, detention centers, and prisons. (2) The Federal Government does not provide health benefits under Medicare, Medicaid, Supplemental Security Income (SSI), or the Children's Health Insurance Program (CHIP) to inmates even if the person is awaiting trial in jail and has not been convicted. However, beneficiaries who are released after posting bond, or who are released under their own recognizance, or who are released under house arrest may continue to receive Medicare, Medicaid, SSI, and CHIP benefits. (3) The cost of providing health care in prisons and jails has increased exponentially due in part to high incarceration rates, infectious diseases, chronic conditions, substance abuse treatment, mental illness, aging prison populations, rising prescription drug costs, and mandatory sentencing laws. (4) Providing health care for inmates constitutes a major portion of local jail operating costs. Requiring county governments to cover health care costs for inmates who have not been convicted places an unnecessary burden on local governments who have been negatively impacted by recession, widespread budget deficits, and cuts to safety net programs and services. (5) Jails generally have a higher instance of mentally ill inmates because jails frequently serve as holding places for low-income persons who are waiting placement in a mental facility and for mentally ill persons who commit nuisance crimes because of inadequate access to treatment in their communities. (6) The rising cost of bail has also contributed to an overall increase in the jail population and health care costs for inmates. The high cost of bail has contributed to the disproportionate rate of incarceration among African-Americans and Latinos. (7) Terminating benefits to people in county jails who are awaiting trial violates the presumption of innocence, because it does not distinguish between persons awaiting disposition of charges and those who have been duly convicted and sentenced. (8) Otherwise eligible individuals who have been charged with a crime and incarcerated, but not convicted, should continue to be eligible for Federal health benefits, such as Medicare, Medicaid, SSI, or CHIP, until such time as they may be convicted and sentenced to an institution. SSI payments should be held until the inmate has been acquitted and released, or until the inmate has completed his or her sentence and been released. SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER MEDICAID, MEDICARE, SSI, AND CHIP. (a) Medicaid.--The subdivision (A) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) that follows paragraph (29) is amended by inserting ``or in custody pending disposition of charges'' after ``patient in a medical institution''. (b) Medicare.--Section 1862(a)(3) of the Social Security Act (42 U.S.C. 1395y(a)(3)) is amended by inserting ``in the case of services furnished to individuals who are in custody pending disposition of charges,'' after ``1880(e)''. (c) SSI.--Section 1611(e)(1) of the Social Security Act (42 U.S.C. 1382(e)(1)) is amended by adding at the end the following new subparagraph: ``(K)(i) As used in subparagraph (A), the term `inmate of a public institution' does not include an individual who is in custody pending disposition of charges. ``(ii) In the case of an individual who is an eligible individual or eligible spouse for purposes of this title only because of the application of the definition in clause (i), any supplemental security income benefits otherwise payable shall be withheld until such time as the individual is no longer either in custody pending disposition of charges or an inmate of a public institution or shall be paid to the individual's estate if the individual dies before the pending charges are disposed of or while the individual is an inmate of a public institution.''. (d) CHIP.--Section 2110(b)(2)(A) of the Social Security Act (42 U.S.C. 1397jj(b)(2)(A)) is amended by inserting ``(except as an individual in custody pending disposition of charges)'' after ``inmate of a public institution''. (e) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter beginning more than 60 days after the date of the enactment of this Act and shall apply to items and services furnished, and supplemental security income benefits paid, for periods beginning on or after such date.

Restoring the Partnership for County Health Care Costs Act of 2015 This bill amends titles XVI (Supplemental Security Income), XVIII (Medicare), XIX (Medicaid), and XXI (Children's Health Insurance Program) (CHIP) to allow an otherwise eligible individual who is in custody pending charges to receive SSI, Medicare, Medicaid, or CHIP benefits. Any SSI benefits payable to such an individual: (1) must be withheld until the individual is no longer in custody; and (2) if the individual dies while in custody, shall be paid to the individual's estate. 

Restoring the Partnership for County Health Care Costs Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Promote Accountability and Government Efficiency Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. At-will employment status for new Federal employees. Sec. 3. Immediate suspension of employees for misconduct or poor performance. Sec. 4. Limitation on appeal rights. Sec. 5. Restriction of pay raises. Sec. 6. Forfeiture of CSRS or FERS annuity for any employee convicted of a felony. Sec. 7. Transfer from Senior Executive Service to General Schedule. Sec. 8. Limitation on official time and use of Government resources in carrying out union activities. SEC. 2. AT-WILL EMPLOYMENT STATUS FOR NEW FEDERAL EMPLOYEES. (a) In General.--Notwithstanding any other provision of law, any employee in the civil service (as that term is defined in section 2101 of title 5, United States Code) hired on or after the date that is 1 year after the date of enactment of this Act shall be hired on an at- will basis. Such an employee may be removed or suspended, without notice or right to appeal, from service by the head of the agency at which such employee is employed for good cause, bad cause, or no cause at all. (b) Clarification of Employment Protections.--Notwithstanding the requirements of subsection (a), this Act shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service who is hired subject to subsection (a) under-- (1) the title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), prohibiting discrimination on the basis of race, color, religion, sex, or national origin; (2) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), prohibiting discrimination on the basis of age; (3) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), prohibiting discrimination on the basis of sex; (4) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), prohibiting discrimination on the basis of handicapping condition; (5) the Whistleblower Protection Enhancement Act of 2012 (Public Law 112-199); (6) the provisions of any law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation; (7) the Congressional Accountability Act of 1995, in the case of employees of the legislative branch who are subject to such Act; (8) the protections relating to prohibited personnel practices (as that term is defined in section 2302 of title 5, United States Code); or (9) any law protecting the employment rights of veterans. (c) Appeal.-- (1) In general.--Any employee or applicant for employment who is subject to subsection (a) and who seeks a remedy under any law listed in subsection (b) with respect to an adverse personnel action may, in addition to the remedies provide by such law, seek an available remedy as provided under-- (A) title 5, United States Code, including appealing such action to the Merit Systems Protection Board or the Office of the Special Counsel; (B) the Equal Employment Opportunity Commission; or (C) consistent with the requirements of section 9, any applicable collective bargaining agreement. (2) Limitation.--An employee or applicant for employment may appeal an adverse personnel action only to a single agency, and may not thereafter bring any appeal pertaining to such dismissal before any other agency. (d) Application.--This section shall apply with respect to any employee hired on or after the date that is 1 year after the date of enactment of this Act. (e) Regulations.--Not later than 180 days after the date of enactment of this section, each agency or instrumentality of the Federal Government to which this section applies shall develop operating standards consistent with the requirements of this section, including standards with respect to-- (1) notifying any employee hired on or after date specified in subsection (a) that such employee is an at-will employee; (2) determining which senior positions within such agency or instrumentality have the authority to separate an at-will employee from service; and (3) ensuring adequate oversight is in place to ensure that any separation of an at-will employee is not a result of discrimination or other violation of any law listed under subsection (b). (f) Definitions.--In this section: (1) Employee.--The term ``employee'' has the meaning given such term in section 2105 of title 5, United States Code, and includes any officer or employee of the United States Postal Service or the Postal Regulatory Commission. (2) Personnel action.--The term ``personnel action'' has the meaning given such term in section 2302(a)(2)(A) of such title. (3) Veteran.--The term ``veteran'' has the meaning given that term under section 2108(1) of such title. SEC. 3. IMMEDIATE SUSPENSION OF EMPLOYEES FOR MISCONDUCT OR POOR PERFORMANCE. (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--IMMEDIATE SUSPENSION FOR MISCONDUCT OR POOR PERFORMANCE ``Sec. 7551. Definitions ``In this subchapter-- ``(1) the term `employee' has the meaning given such term in section 7501(1) and includes any employee of the United States Postal Service or the Postal Regulatory Commission, but does not include any at-will employee (as determined under section 2 of the Promote Accountability and Government Efficiency Act); and ``(2) the term `suspend' means the placing of any employee, for misconduct or poor performance, in a temporary status without duties. ``Sec. 7552. Immediate suspension for misconduct or poor performance ``(a) Under regulations prescribed by the Office of Personnel Management, the head of an agency may suspend (with or without pay) an employee of such agency if the head determines that the misconduct or performance of the employee warrants such suspension. The period of any such suspension shall be determined by the head. ``(b) An employee who is suspended under subsection (a) is entitled, after suspension, to-- ``(1) a written notice, not later than 10 days after the first day of such suspension, stating the specific reasons for the suspension; ``(2) a reasonable time, but not less than 10 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; ``(3) be represented by an attorney or other representative; and ``(4) a review of the case by the agency head and a written final decision and the specific reasons therefor at the earliest practicable date. ``(c) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title. During such appeal, the Merit Systems Protection Board may not take any action to reinstate the employee to the position of employment from which such employee is suspended until the date of the final decision of such appeal. ``(d) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order affecting the suspension, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request. ``(e) In the case of critical necessity, the head of an agency may immediately replace an employee suspended under subsection (a) without regard to sections 3309 through 3318 of title 5, United States Code.''. (b) Clerical Amendment.--The table of sections for chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``subchapter vi--immediate suspension for misconduct or poor performance ``7551. Definitions. ``7552. Immediate suspension for misconduct or poor performance.''. SEC. 4. LIMITATION ON APPEAL RIGHTS. Notwithstanding any other provision of law, an employee (as that term is defined in section 2(g)(1)) or applicant for employment may not appeal an adverse personnel action to more than 1 agency. SEC. 5. RESTRICTION OF PAY RAISES. (a) In General.--Notwithstanding any other provision of law, an employee may not receive an increase in annual rate of pay if such employee did not receive at least a score of 4 or 5 out of 5 (or an equivalent rating with respect to a performance appraisal system that does provide for such a scoring system) on such employee's latest performance review under the performance appraisal system applicable to such employee. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to Congress a report that contains recommendations for a single- agency rating system. (c) Collective Bargaining Agreements.-- (1) Application.--The requirements of this section shall apply to any collective bargaining agreement entered into by the head of an agency on or after the date of enactment of this Act. (2) Grievance.--In the case of an employee covered by a collective bargaining agreement referred to in paragraph (1), a grievance filed on behalf of such employee that results in an increased performance rating for such employee may not result in an increase in annual rate of pay for such employee. (d) Definition.--In this section, the term ``employee'' has the meaning given such term in section 2105 of title 5, United States Code, and includes any officer or employee of the United States Postal Service or the Postal Regulatory Commission. SEC. 6. FORFEITURE OF CSRS OR FERS ANNUITY FOR ANY EMPLOYEE CONVICTED OF A FELONY. (a) In General.--Subchapter II of chapter 83 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8323. Forfeiture of annuity for felony conviction. ``(a)(1) An individual appointed to the service who is not subject to the requirements of section 2 of the Promote Accountability and Government Efficiency Act may not be paid an annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity if the individual was finally convicted of a felony offense. ``(2) For purposes of paragraph (1), the term `felony offense' means any felony offense committed by the individual that is related to the performance of any position within the service occupied by such individual. ``(b) An individual who is an at-will employee (as determined under section 2 of the Promote Accountability and Government Efficiency Act) may not be paid an annuity on the basis of the service of the individual which is creditable toward the annuity if the individual was finally convicted of a felony offense-- ``(1) when such individual was performing creditable service (as that term is defined in section 8332 or 8411); or ``(2) after such individual has separated from the service, but only if such offense is related to the performance of any position within the Government formerly occupied by such individual. ``(c) In this section, the term `finally convicted' has the meaning given such term in section 8332(o)(A)(6).''. (b) Clerical Amendment.--The table of sections of subchapter II of chapter 83 of title 5, United States Code, is amended by adding after the item relating to section 8322 the following new item: ``8323. Forfeiture of annuity for felony conviction.''. SEC. 7. TRANSFER FROM SENIOR EXECUTIVE SERVICE TO GENERAL SCHEDULE. (a) In General.--Subchapter VIII of chapter 33 of title 5, United States Code, is amended-- (1) by redesignating section 3397 as section 3398; and (2) by inserting after section 3396 the following: ``Sec. 3397. Transfer to General Schedule positions ``(a) Notwithstanding any other provision of law, the head of any agency may transfer a covered individual to a position within the General Schedule (subchapter III of chapter 53). ``(b) Notwithstanding any other provision of law, including the requirements of section 3594, any covered individual transferred to a General Schedule position under subsection (a) shall, beginning on the date of such transfer, receive the annual rate of pay applicable to such position. ``(c) In this section, the term `covered individual' means an individual occupying a Senior Executive Service position who is not an at-will employee (as determined under section 2 of the Promote Accountability and Government Efficiency Act).''. (b) Clerical Amendment.--The table of sections of subchapter VIII of chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3397 and inserting the following new items: ``3397. Transfer to General Schedule positions. ``3398. Regulations.''. SEC. 8. LIMITATION ON OFFICIAL TIME AND USE OF GOVERNMENT RESOURCES IN CARRYING OUT UNION ACTIVITIES. (a) In General.--Section 7131 of title 5, United States Code, is amended to read as follows: ``Sec. 7131. Limitation on official time ``In carrying out any activities relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues), an employee may not-- ``(1) perform such activities unless such employee is in a non-duty status; or ``(2) use any Government property (including office space or computers).''. (b) Clerical Amendment.--The table of sections for chapter 71 of title 5, United States Code, is amended by striking the item relating to section 7131 and inserting the following new item: ``7131. Limitation on official time.''.

Promote Accountability and Government Efficiency Act This bill requires civil service employees to be hired on an at-will basis beginning one year after this bill's enactment. Such an employee may be removed or suspended from service by the agency head for good cause, bad cause, or no cause at all, without notice or right to appeal. The bill specifies how an employee or applicant may seek a remedy under specified employment protection statutes with respect to an adverse personnel action. The bill permits an agency to suspend an employee for misconduct or poor performance. The employee may appeal to the Merit Systems Protection Board, which may not reinstate the employee until a final decision is made on such appeal. In the case of critical necessity, an agency may immediately replace a suspended employee. An employee or applicant may not appeal an adverse personnel action to more than one agency. The bill prohibits an employee who does not receive a score of four or five out of five (or an equivalent rating) on his or her latest performance review from receiving a pay raise. A grievance filed on behalf of such employee covered by a collective bargaining agreement that results in an increased performance rating for such employee may not result in a pay raise. The OPM shall submit a report that contains recommendations for a single-agency rating system. An individual appointed to the civil service who is not subject to this bill's requirements regarding at-will employment may not be paid an annuity or retired pay on the basis of such service if the individual was finally convicted of a felony offense: (1) when such individual was performing creditable service, or (2) after such individual has separated from service if such offense is related to the performance of his or her government position. An agency may transfer an individual occupying a Senior Executive Service position who is not an at-will employee to a position within the General Schedule. The bill: (1) eliminates provisions authorizing official time for an employee serving as an exclusive representative in the negotiation of a collective bargaining agreement, and (2) prohibits an employee from using government property in carrying out any activities relating to the internal business of a labor organization.

Promote Accountability and Government Efficiency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Business Development Improvements Act of 2009''. SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM. The Director of the Minority Business Development Agency shall establish the Minority Business Development Program (hereinafter in this Act referred to as the ``Program'') to assist qualified minority businesses. The Program shall provide to such businesses the following: (1) Technical assistance. (2) Loan guarantees. (3) Contract procurement assistance. SEC. 3. QUALIFIED MINORITY BUSINESS. (a) Certification.--For purposes of the Program, the Director may certify as a qualified minority business any entity that satisfies each of the following: (1) Not less than 51 percent of the entity is directly and unconditionally owned or controlled by historically disadvantaged individuals. (2) Each officer or other individual who exercises control over the regular operations of the entity is a historically disadvantaged individual. (3) The net worth of each principal of the entity is not greater than $2,000,000. (The equity of a disadvantaged owner in a primary personal residence shall be considered in this calculation.) (4) The principal place of business of the entity is in the United States. (5) Each principal of the entity maintains good character in the determination of the Director. (6) The entity engages in competitive and bona fide commercial business operations in not less than one sector of industry that has a North American Industry Classification System code. (7) The entity submits reports to the Director at such time, in such form, and containing such information as the Director may require. (8) Any additional requirements that the Director determines appropriate. (b) Term of Certification.--A certification under this section shall be for a term of 5 years and may not be renewed. SEC. 4. TECHNICAL ASSISTANCE. (a) In General.--In carrying out the Program, the Director may provide to qualified minority businesses technical assistance with regard to the following: (1) Writing business plans. (2) Marketing. (3) Management. (4) Securing sufficient financing for business operations. (b) Contract Authority.--The Director may enter into agreements with persons to provide technical assistance under this section. (c) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to the Director to carry out this section. Such sums shall remain available until expended. SEC. 5. LOAN GUARANTEES. (a) In General.--Subject to subsection (b), the Director may guarantee up to 90 percent of the amount of a loan made to a qualified minority business to be used for business purposes, including the following: (1) Purchasing essential equipment. (2) Payroll expenses. (3) Purchasing facilities. (4) Renovating facilities. (b) Terms and Conditions.-- (1) In general.--The Director may make guarantees under this section for projects on such terms and conditions as the Director determines appropriate, after consultation with the Secretary of the Treasury, in accordance with this section. (2) Repayment.--No guarantee shall be made under this section unless the Director determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the borrower. (3) Defaults.-- (A) Payment by director.-- (i) In general.--If a borrower defaults on the obligation (as defined in regulations promulgated by the Director and specified in the guarantee contract), the holder of the guarantee shall have the right to demand payment of the unpaid amount from the Director. (ii) Payment required.--Within such period as may be specified in the guarantee or related agreements, the Director shall pay to the holder of the guarantee the unpaid interest on, and unpaid principal of the obligation as to which the borrower has defaulted, unless the Director finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied. (iii) Forbearance.--Nothing in this paragraph precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Director. (B) Subrogation.-- (i) In general.--If the Director makes a payment under subparagraph (A), the Director shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements including, where appropriate, the authority (notwithstanding any other provision of law) to-- (I) complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such guarantee or related agreements; or (II) permit the borrower, pursuant to an agreement with the Director, to continue to pursue the purposes of the project if the Director determines this to be in the public interest. (ii) Superiority of rights.--The rights of the Director, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property. (iii) Terms and conditions.--A guarantee agreement shall include such detailed terms and conditions as the Director determines appropriate to-- (I) protect the interests of the United States in the case of default; and (II) have available all the patents and technology necessary for any person selected, including the Director, to complete and operate the project. (C) Payment of principal and interest by director.--With respect to any obligation guaranteed under this section, the Director may enter into a contract to pay, and pay, holders of the obligation, for and on behalf of the borrower, from funds appropriated for that purpose, the principal and interest payments which become due and payable on the unpaid balance of the obligation if the Director finds that-- (i)(I) the borrower is unable to meet the payments and is not in default; (II) it is in the public interest to permit the borrower to continue to pursue the purposes of the project; and (III) the probable net benefit to the Federal Government in paying the principal and interest will be greater than that which would result in the event of a default; (ii) the amount of the payment that the Director is authorized to pay shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the agreement being guaranteed; and (iii) the borrower agrees to reimburse the Director for the payment (including interest) on terms and conditions that are satisfactory to the Director. (D) Action by attorney general.-- (i) Notification.--If the borrower defaults on an obligation, the Director shall notify the Attorney General of the default. (ii) Recovery.--On notification, the Attorney General shall take such action as is appropriate to recover the unpaid principal and interest due from-- (I) such assets of the defaulting borrower as are associated with the obligation; or (II) any other security pledged to secure the obligation. (4) Fees.-- (A) In general.--The Director shall charge and collect fees for guarantees in amounts the Director determines are sufficient to cover applicable administrative expenses, not to exceed 1 percent of the amount guaranteed. (B) Availability.--Fees collected under this paragraph shall-- (i) be deposited by the Director into the Treasury; and (ii) remain available until expended, subject to such other conditions as are contained in annual appropriations Acts. (c) Credit Requirements.--To receive a loan guaranteed under this section a qualified minority business shall-- (1) be in good standing with regard to the credit of that business in the determination of the Director; (2) have received technical assistance under section 4; and (3) submit reports, at such time, in such form, and containing such information as the Director may require regarding the credit of the business. (d) Limits on Guarantee Amounts.-- (1) Maximum amount of guarantee.--The Director may guarantee not more than $450,000 of any loan under this section. (2) Maximum gross loan amount.--A loan guaranteed under this section may not be for a gross loan amount in excess of $500,000. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Director not more than $500,000,000 to carry out this section during fiscal years 2011 through 2016. SEC. 6. SET-ASIDE CONTRACTING OPPORTUNITIES. (a) In General.--The Director may enter into agreements with the United States Government and any department, agency, or officer thereof having procurement powers for purposes of providing for the fulfillment of procurement contracts and providing opportunities for qualified minority businesses with regard to such contracts. (b) Qualifications on Participation.--The Director shall by rule establish requirements for participation under this section by a qualified minority business in a contract. (c) Annual Limit on Number of Contracts Per Qualified Minority Business.--A qualified minority business may not participate under this section in contracts in an amount that exceeds $10,000,000 for goods and services each fiscal year. (d) Limits on Contract Amounts.-- (1) Goods and services.--Except as provided in paragraph (2), a contract for goods and services under this section may not exceed $6,000,000. (2) Manufacturing and construction.--A contract for manufacturing and construction services under this section may not exceed $10,000,000. SEC. 7. TERMINATION FROM THE PROGRAM. The Director may terminate a qualified minority business from the Program for any violation of a requirement of sections 3 through 6 of this Act by that qualified minority business, including the following: (1) Conduct by a principal of the qualified minority business that indicates a lack of business integrity. (2) Willful failure to comply with applicable labor standards and obligations. (3) Consistent failure to tender adequate performance with regard to contracts under the Program. (4) Failure to obtain and maintain relevant certifications. (5) Failure to pay outstanding obligations owed to the Federal Government. SEC. 8. REPORTS. (a) Report of the Director.--Not later than October 1, 2011, and annually thereafter, the Director shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities of the Director during the preceding year with respect to the Program. (b) Report of the Secretary of Commerce.--Not later than October 1, 2011, and annually thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities the Secretary engaged in during the preceding year to build wealth among historically disadvantaged individuals. SEC. 9. DEFINITIONS. In this Act: (1) The term ``historically disadvantaged individual'' means any individual who is a member of a group that is designated as eligible to receive assistance under section 1400.1 of title 15 of the Code of Federal Regulations, as in effect on January 1, 2009. (2) The term ``principal'' means any person that the Director determines to exercise significant control over the regular operations of a business entity.

Minority Business Development Improvements Act of 2009 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance, loan guarantees, and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51% of the entity be directly and unconditionally owned by historically disadvantaged individuals; and (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance and loan guarantees authorized under the Program. Provides loan guarantee limits. Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits. Allows the Director to terminate a qualified minority business from the Program under specified circumstances.

To establish in the Department of Commerce the Minority Business Development Program to provide qualified minority businesses with technical assistance, loan guarantees, and contracting opportunities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Behind Reform Act''. SEC. 2. ADEQUATE YEARLY PROGRESS. (a) Definition of Adequate Yearly Progress.--Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) in subparagraph (C)(vii)-- (A) by striking ``such as''; (B) by inserting ``such as measures of individual or cohort growth over time based on the academic assessments implemented in accordance with paragraph (3),'' after ``described in clause (v),''; and (C) by striking ``attendance rates,''; and (2) in subparagraph (D)-- (A) by striking clause (ii); (B) by striking ``the State'' and all that follows through ``ensure'' and inserting ``the State shall ensure''; and (C) by striking ``; and'' and inserting a period. (b) Academic Assessment and Local Educational Agency and School Improvement.--Section 1116(a)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking ``, except that'' and all that follows through ``action or restructuring''. SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the following: ``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. ``(a) Grant Authority.--The Secretary may award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to develop or increase the capacity of data systems for accountability purposes and award subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring adequate yearly progress. ``(b) Priority.--In awarding grants under this section, the Secretary shall give priority to State educational agencies that have created, or are in the process of creating, a growth model or proficiency index as part of their adequate yearly progress determination. ``(c) State Use of Funds.--Each State that receives a grant under this section shall use-- ``(1) not more than 20 percent of the grant funds for the purpose of increasing the capacity of, or creating, State databases to collect information related to adequate yearly progress; and ``(2) not less than 80 percent of the grant funds to award subgrants to local educational agencies within the State to enable the local educational agencies to carry out the authorized activities described in subsection (d). ``(d) Authorized Activities.--Each local educational agency that receives a subgrant under this section shall use the subgrant funds to increase the capacity of the local educational agency to upgrade databases or create unique student identifiers for the purpose of measuring adequate yearly progress, by-- ``(1) purchasing database software or hardware; ``(2) hiring additional staff for the purpose of managing such data; ``(3) providing professional development or additional training for such staff; and ``(4) providing professional development or training for principals and teachers on how to effectively use such data to implement instructional strategies to improve student achievement. ``(e) State Application.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) LEA Application.--Each local educational agency desiring a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Each such application shall include, at a minimum, a demonstration of the local educational agency's ability to put such a database in place. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $80,000,000 for each of fiscal years 2005, 2006, and 2007.''. SEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLEMENTAL SERVICES. (a) Targeting Transfer Options and Supplemental Services.--Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) is amended-- (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and (8)(A)(i) of subsection (b), by striking the term ``all students enrolled in the school'' each place such term appears and inserting ``all students enrolled in the school, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),''; (2) in subsection (b)(1), by adding at the end the following: ``(G) Maintenance of least restrictive environment.--A student who is eligible to receive services under the Individuals with Disabilities Education Act and who uses the option to transfer under subparagraph (E), paragraph (5)(A), (7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii), shall be placed and served in the least restrictive environment appropriate, in accordance with the Individuals with Disabilities Education Act.''; (3) in clause (vii) of subsection (c)(10)(C), by inserting ``, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),'' after ``Authorizing students''; and (4) in subparagraph (A) of subsection (e)(12), by inserting ``, who is a member of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2)'' after ``under section 1113(c)(1)''. (b) Student Already Transferred.--A student who transfers to another public school pursuant to section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) before the effective date of this section and the amendments made by this section, may continue enrollment in such public school after the effective date of this section and the amendments made by this section. (c) Effective Date.--This section and the amendments made by this section shall be effective for each fiscal year for which the amount appropriated to carry out title I of the Elementary and Secondary Education Act of 1965 for the fiscal year, is less than the amount authorized to be appropriated to carry out such title for the fiscal year. SEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS. Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended-- (1) in subclause (I), by striking ``or'' after the semicolon; (2) in subclause (II), by striking ``and'' after the semicolon; and (3) by adding at the end the following: ``(III) in the case of a middle school teacher, passing a State approved middle school generalist exam when the teacher receives the teacher's license to teach middle school in the State; ``(IV) obtaining a State social studies certificate that qualifies the teacher to teach history, geography, economics, and civics in middle or secondary schools, respectively, in the State; or ``(V) obtaining a State science certificate that qualifies the teacher to teach earth science, biology, chemistry, and physics in middle or secondary schools, respectively, in the State; and''.

No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise certain requirements which were added by the No Child Left Behind Act of 2001, including ones relating to: (1) adequate yearly progress (AYP); (2) academic assessment and local educational agency and school improvement; (3) school choice and supplemental services options; and (4) teacher qualifications. Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement. Authorizes the Secretary of Education to award competitive grants to State educational agencies to: (1) develop or increase the capacity of data systems for accountability purposes; and (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP. Allows schools to target school choice and supplemental services to the students who are members of specified types of groups that fail to make AYP. Requires placement and service in the least restrictive environment for students who receive services under the Individuals With Disabilities Education Act who use an option to transfer under ESEA. Revises the definition of highly qualified teacher to authorize States to: (1) use a generalist exam for middle school teachers; and (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science.

To improve the No Child Left Behind Act of 2001, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Accountability Study Act''. SEC. 2. TRADE IMPACT COMMISSION. (a) Establishment.--There is established the ``Trade Impact Review Commission'' (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall-- (1) determine-- (A) the extent to which exports of goods of the United States to NAFTA countries, and imports of goods of NAFTA countries into the United States, have increased or decreased since January 1, 1994; and (B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports of goods of NAFTA countries into the United States, since January 1, 1994; and (2) determine-- (A) the extent to which exports of goods of the United States to the People's Republic of China, and imports of goods of the People's Republic of China into the United States, have increased or decreased since December 11, 2001; and (B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to the People's Republic of China, and the number of jobs in the United States that have been lost as a result of increased imports of goods of the People's Republic of China into the Untied States, since December 11, 2001; and (3) submit to the appropriate committees of the Congress, the Secretary of Commerce, the Secretary of Labor, and the United States Trade Representative, the findings of the Commission under paragraphs (1) and (2), as well as any recommendations the Commission has for strengthening the United States labor force in light of such findings. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 5 members appointed as follows: (A) 1 member appointed by the President. (B) 1 member appointed by the Speaker of the House of Representatives. (C) 1 member appointed by the minority leader of the House of Representatives. (D) 1 member appointed by the majority leader of the Senate. (E) 1 member appointed by the minority leader of the Senate. (2) Persons eligible.-- (A) In general.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members may be from the public or private sector, and may include employees of the Federal Government or of State or local governments, members of academia, nonprofit organizations, or industry, or other interested individuals. (B) Diversity.--It is the intent of the Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic and professional backgrounds from different regions of the United States. (3) Consultation and appointment.-- (A) In general.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (B) Completion of appointments; vacancies.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (A) and make their respective appointments not later than 60 days after the date of the enactment of this Act. (4) Terms and vacancies.--Each member of the Commission shall be appointed for the life of the Commission. A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled, not later than 30 days after the vacancy occurs, in the same manner as the original appointment was made. (5) Chair and vice chair.--The Commission shall select a Chair and Vice Chair from among its members. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--After the initial meeting, the Commission shall meet at the call of the Chair. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (f) Compensation.-- (1) Rate.--Except as provided in paragraph (2), members of the Commission shall each be paid the daily equivalent of the annual rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.--A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress may not receive additional pay, allowances, or benefits by reason of his or her service on the Commission. (g) Travel Expenses.--Each member of the Commission 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. (h) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (i) Staff of Federal Agencies.--Upon the 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 section. (j) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) 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 section. Upon request of the Chair or Vice Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) 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 section. (k) Report.--The Commission shall transmit a report containing its findings and recommendations under subsection (b)(3) not later than 180 days after the first meeting of the Commission under subsection (d)(1). (l) Termination.--The Commission shall terminate 30 days after submitting its report under subsection (k). (m) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. FUTURE NEGOTIATIONS. In preparing for and engaging in negotiations for trade agreements, the President shall ensure that the findings and recommendations of the Trade Impact Commission established in section 2 are included in developing trade policy with respect to such negotiations. SEC. 4. PRESIDENTIAL CERTIFICATIONS. The President shall submit to the Congress, not later than May 31 of each year, a report that certifies whether or not-- (1) each NAFTA country is meeting commitments made in the North American Agreement on Environmental Cooperation and in the North American Agreement on Labor Cooperation; and (2) the People's Republic of China is meeting its obligations with respect to protection of the environment and worker rights by reason of its accession to the World Trade Organization, including commitments made to the United States. SEC. 5. DEFINITIONS. As used in this Act: (1) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into by the United States, Canada, and Mexico on December 17, 1992. (2) NAFTA country.--The term ``NAFTA country'' has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)). (3) North american agreement on environmental cooperation.--The term ``North American Agreement on Environmental Cooperation'' has the meaning given that term in section 532(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3472(b)(2)). (4) North american agreement on labor cooperation.--The term ``North American Agreement on Labor Cooperation'' has the meaning given that term in section 531(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3471(b)(2)).

Trade Accountability Study Act - Establishes the Trade Impact Review Commission to determine: (1) the extent to which exports of U.S. goods to North American Free Trade Agreement (NAFTA) countries, and imports into the United States of goods from NAFTA countries, have increased or decreased since January 1, 1994; (2) the number of jobs in the United States that have resulted from increased exports of U.S. goods to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports into the United States of goods from NAFTA countries, since January 1, 1994; (3) the extent to which exports of U.S. goods to the People's Republic of China, and imports into the United States of Chinese goods, have increased or decreased, since December 11, 2001; and (4) the number of jobs in the United States that have resulted from increased exports of U.S. goods to China, and the number of jobs in the United States lost as a result of increased imports into the United States of goods from China, since December 11, 2001.Directs the President to certify annually to Congress whether or not: (1) each NAFTA country is meeting its commitments with respect to the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation; and (2) China is meeting its obligations with respect to the protection of the environment and worker rights because of its accession to the World Trade Organization, including commitments made to the United States.

To assess the impact of the North American Free Trade Agreement and the entry of the People's Republic of China into the World Trade Organization on American jobs, the environment, and worker rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Basic Pilot Program Extension and Expansion Act of 2003''. SEC. 2. EXTENSION OF PROGRAMS. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking ``6-year period'' and inserting ``11-year period''. SEC. 3. EXPANSION OF THE BASIC PILOT PROGRAM. (a) In General.--Section 401(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by inserting after ``United States'' the following: ``, and the Secretary of Homeland Security shall expand the operation of the program to all 50 States not later than December 1, 2004''. (b) Report.--Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) by striking ``The'' and inserting: ``(a) In General.--The'', and (2) by adding at the end the following new subsection: ``(b) Report on Expansion.--Not later than June 1, 2004, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report-- ``(1) evaluating whether the problems identified by the report submitted under subsection (a) have been substantially resolved; and ``(2) describing what actions the Secretary of Homeland Security shall take before undertaking the expansion of the basic pilot program to all 50 States in accordance with section 401(c)(1), in order to resolve any outstanding problems raised in the report filed under subsection (a).''. (c) Conforming Amendments.--Section 402(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) in paragraph (2)(B), by striking ``or entity electing--'' and all that follows through ``(ii) the citizen attestation pilot program'' and inserting ``or entity electing the citizen attestation pilot program''; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). (d) Additional Technical and Conforming Amendments.--Title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''. SEC. 4. PILOT IMMIGRATION PROGRAM. (a) Processing Priority Under Pilot Immigration Program for Regional Centers To Promote Economic Growth.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended-- (1) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (2) by adding at the end the following: ``(d) In processing petitions under section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) for classification under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)), the Secretary of Homeland Security may give priority to petitions filed by aliens seeking admission under the pilot program described in this section. Notwithstanding section 203(e) of such Act (8 U.S.C. 1153(e)), immigrant visas made available under such section 203(b)(5) may be issued to such aliens in an order that takes into account any priority accorded under the preceding sentence.''. (b) Extension.--Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking ``10 years'' and inserting ``15 years''. SEC. 5. GAO STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the General Accounting Office shall report to Congress on the immigrant investor program created under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)). (b) Contents.--The report described in subsection (a) shall include information regarding-- (1) the number of immigrant investors that have received visas under the immigrant investor program in each year since the inception of the program; (2) the country of origin of the immigrant investors; (3) the localities where the immigrant investors are settling and whether those investors generally remain in the localities where they initially settle; (4) the number of immigrant investors that have sought to become citizens of the United States; (5) the types of commercial enterprises that the immigrant investors have established; and (6) the types and number of jobs created by the immigrant investors. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Basic Pilot Program Extension and Expansion Act of 2003 - (Sec. 2) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend for five additional years: (1) the "basic" employment verification system pilot program; (2) the citizen attestation pilot program; and (3) the machine-readable-document pilot program. (Sec. 3) Extends the scope of the "basic" pilot program to all States by December 1, 2004 (currently five to seven States). Directs the Secretary of Homeland Security to report on such program extension by June 1, 2004. (Sec. 4) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to authorize the Secretary of Homeland Security to give immigration priority to petitions filed under the pilot immigration for regional centers to promote economic growth. Extends such program for an additional five years. (Sec. 5) Directs the General Accounting Office (GAO) to conduct a study of the immigrant investor program, including information on the number of such immigrants and their country of origin, settlement locality, and employment created by them.

A bill to extend and expand the basic pilot program for employment eligibility verification, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hospital GME Support Reauthorization Act of 2006''. SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) In General.--Section 340E of the Public Health Service Act (42 U.S.C. 256e) is amended-- (1) in subsection (a), by inserting ``and each of fiscal years 2007 through 2011'' after ``for each of fiscal years 2000 through 2005''; (2) in subsection (e)(1), by striking ``26'' and inserting ``12''; (3) in subsection (f)(1)(A)-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iv) for each of fiscal years 2007 through 2011, $110,000,000.''; and (4) in subsection (f)(2)-- (A) in the matter before subparagraph (A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(B)''; (B) in subparagraph (B), by striking ``and'' at the end; (C) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(D) for each of fiscal years 2007 through 2011, $220,000,000.''. (b) Reduction in Payments for Failure To File Annual Report.-- Subsection (b) of section 340E of the Public Health Service Act (42 U.S.C. 256e) is amended-- (1) in paragraph (1), in the matter before subparagraph (A), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following: ``(3) Annual reporting required.-- ``(A) Reduction in payment for failure to report.-- ``(i) In general.--The amount payable under this section to a children's hospital for a fiscal year (beginning with fiscal year 2008 and after taking into account paragraph (2)) shall be reduced by 25 percent if the Secretary determines that-- ``(I) the hospital has failed to provide the Secretary, as an addendum to the hospital's application under this section for such fiscal year, the report required under subparagraph (B) for the previous fiscal year; or ``(II) such report fails to provide the information required under any clause of such subparagraph. ``(ii) Notice and opportunity to provide missing information.--Before imposing a reduction under clause (i) on the basis of a hospital's failure to provide information described in clause (i)(II), the Secretary shall provide notice to the hospital of such failure and the Secretary's intention to impose such reduction and shall provide the hospital with the opportunity to provide the required information within a period of 30 days beginning on the date of such notice. If the hospital provides such information within such period, no reduction shall be made under clause (i) on the basis of the previous failure to provide such information. ``(B) Annual report.--The report required under this subparagraph for a children's hospital for a fiscal year is a report that includes (in a form and manner specified by the Secretary) the following information for the residency academic year completed immediately prior to such fiscal year: ``(i) The types of resident training programs that the hospital provided for residents described in subparagraph (C), such as general pediatrics, internal medicine/ pediatrics, and pediatric subspecialties, including both medical subspecialties certified by the American Board of Pediatrics (such as pediatric gastroenterology) and non- medical subspecialties approved by other medical certification boards (such as pediatric surgery). ``(ii) The number of training positions for residents described in subparagraph (C), the number of such positions recruited to fill, and the number of such positions filled. ``(iii) The types of training that the hospital provided for residents described in subparagraph (C) related to the health care needs of different populations, such as children who are underserved for reasons of family income or geographic location, including rural and urban areas. ``(iv) The changes in residency training for residents described in subparagraph (C) which the hospital has made during such residency academic year (except that the first report submitted by the hospital under this subparagraph shall be for such changes since the first year in which the hospital received payment under this section), including-- ``(I) changes in curricula, training experiences, and types of training programs, and benefits that have resulted from such changes; and ``(II) changes for purposes of training the residents in the measurement and improvement of the quality and safety of patient care. ``(v) The numbers of residents described in subparagraph (C) who completed their residency training at the end of such residency academic year and care for children within the borders of the service area of the hospital or within the borders of the State in which the hospital is located. Such numbers shall be disaggregated with respect to residents who completed residencies in general pediatrics or internal medicine/pediatrics, subspecialty residencies, and dental residencies. ``(C) Residents.--The residents described in this subparagraph are those who-- ``(i) are in full-time equivalent resident training positions in any training program sponsored by the hospital; or ``(ii) are in a training program sponsored by an entity other than the hospital, but who spend more than 75 percent of their training time at the hospital. ``(D) Report to congress.--Not later than the end of fiscal year 2011, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall submit a report to the Congress-- ``(i) summarizing the information submitted in reports to the Secretary under subparagraph (B); ``(ii) describing the results of the program carried out under this section; and ``(iii) making recommendations for improvements to the program.''. (c) Technical Amendments.--Section 340E of the Public Health Service Act (42 U.S.C. 256e) is further amended-- (1) in subsection (c)(2)(E)(ii), by striking ``described in subparagraph (C)(ii)'' and inserting ``applied under section 1886(d)(3)(E) of the Social Security Act for discharges occurring during the preceding fiscal year''; (2) in subsection (e)(2), by striking the first sentence; and (3) in subsection (e)(3), by striking ``made to pay'' and inserting ``made and pay''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Children's Hospital GME Support Reauthorization Act of 2006 - Amends the Public Health Service Act to: (1) require the Secretary of Health and Human Services to make payments for FY2007-FY2011 (currently, through FY2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs; and (2) decrease from 26 to 12 the number of interim payments to hospitals per fiscal year. Requires a 25% reduction in the amount payable for residency training programs for children's hospitals that do not provide an annual report to the Secretary for the previous fiscal year or that do not provide an annual report that includes all of the required information. Requires an annual report to include: (1) the types of residency training programs that the hospital provided for residents; (2) the number of training positions for residents; (3) the changes the hospital made in residency training for residents during the academic year; and (4) the number of residents who completed their residency training at the end of the academic year and care for children within the borders of the service area of the hospital or within the state. Requires the Secretary to provide notice and an opportunity for a hospital to provide additional information before imposing the reduction. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to report to Congress on the residency training programs.

To amend the Public Health Service Act to reauthorize support for graduate medical education programs in children's hospitals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deter Revolving-door Appointments In our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act'' or the ``DRAIN the SWAMP Act''. SEC. 2. RESTRICTIONS ON LOBBYING ACTIVITIES OF FORMER POLITICAL APPOINTEES. (a) 5-Year Post-Employment Ban on Serving as Registered Lobbyist.-- (1) In general.--Section 207 of title 18, United States Code, is amended by striking subsections (c) and (d) and inserting the following: ``(c) Restrictions on Senior Personnel of the Executive Branch and Independent Agencies.-- ``(1) Restrictions.--In addition to the restrictions set forth in subsections (a) and (b), any person who is a political appointee of the executive branch of the United States (including an independent agency), and who, within 5 years after the termination of his or her service or employment as such a political appointee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of the department or agency in which such person served, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. ``(2) Political appointee.--The term `political appointee' means an individual who is-- ``(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. ``(3) Waiver.--At the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions contained in paragraph (1) with respect to any position, or category of positions, referred to in paragraph (2) in such department or agency if the Director determines that-- ``(A) the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions; and ``(B) granting the waiver would not create the potential for use of undue influence or unfair advantage.''. (2) Conforming amendments.--Section 207 of such title is amended-- (A) in subsection (f)(1), by striking ``subsection (c), (d), or (e)'' and inserting ``subsection (c) or (e)''; (B) in subsection (h)(2), by striking ``subsection (c)(2)(A)(i) or (iii)'' and inserting ``subsection (c)(2)(A) or (C)''; and (C) in subsection (i)(1)(A), by striking ``subsections (a), (c), and (d)'' and inserting ``subsections (a) and (c)''. (b) Lifetime Ban on Serving as Agent of Foreign Government.-- (1) Registration as agent.--The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) is amended by adding at the end the following new section: ``SEC. 12. PROHIBITING REGISTRATION BY FORMER POLITICAL APPOINTEES. ``(a) Prohibition.--No individual may register under this Act or otherwise serve as the agent of a foreign principal if the individual at any time served as a political appointee (as defined in subsection (b)). ``(b) Political Appointee.--The term `political appointee' means an individual who is-- ``(1) employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(2) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(3) employed in a position of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''. (2) Other representation as foreign entity.--Section 207(f)(1)(A) of title 18, United States Code, is amended by inserting after ``within 1 year'' the following: ``(or, in the case of a person who is subject to the restrictions contained in subsection (c), at any time)''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply with respect to any individual whose service as a political appointee terminates on or after the date of the enactment of this Act. (2) Definition.--In paragraph (1), the term ``political appointee'' has the meaning given such term in section 207(c)(2) of title 18, United States Code (as amended by subsection (a)(1)), and section 12(b) of the Foreign Agents Registration Act of 1938 (as added by subsection (b)(1)).

Deter Revolving-door Appointments in our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act or the DRAIN the SWAMP Act This bill amends the federal criminal code to revise post-employment lobbying restrictions on senior executive branch officials and employees. Specifically, it imposes a five-year ban on communications by a former political appointee with the intent to influence officers or employees at their former executive branch agency or department. The term political appointee includes certain senior political officials compensated on the Executive Schedule; limited term, limited emergency, and noncareer appointees in the Senior Executive Service; and employees in confidential or policy-determining positions in the excepted service. Additionally, the bill amends the Foreign Agents Registration Act of 1938 to impose a lifetime ban on lobbying by a former political appointee on behalf of a foreign government or foreign political party.

Deter Revolving-door Appointments In our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Savings Account Availability Act of 2001''. SEC. 2. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS. (a) Repeal of Limitations on Number of Medical Savings Accounts.-- (1) In general.--Subsections (i) and (j) of section 220 of the Internal Revenue Code of 1986 are hereby repealed. (2) Conforming amendments.-- (A) Paragraph (1) of section 220(c) of such Code is amended by striking subparagraph (D). (B) Section 138 of such Code is amended by striking subsection (f). (b) Availability Not Limited to Accounts for Employees of Small Employers and Self-Employed Individuals.-- (1) In general.--Subparagraph (A) of section 220(c)(1) of such Code (relating to eligible individual) is amended to read as follows: ``(A) In general.--The term `eligible individual' means, with respect to any month, any individual if-- ``(i) such individual is covered under a high deductible health plan as of the 1st day of such month, and ``(ii) such individual is not, while covered under a high deductible health plan, covered under any health plan-- ``(I) which is not a high deductible health plan, and ``(II) which provides coverage for any benefit which is covered under the high deductible health plan.''. (2) Conforming amendments.-- (A) Section 220(c)(1) of such Code is amended by striking subparagraph (C). (B) Section 220(c) of such Code is amended by striking paragraph (4) (defining small employer) and by redesignating paragraph (5) as paragraph (4). (C) Section 220(b) of such Code is amended by striking paragraph (4) (relating to deduction limited by compensation) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (c) Increase in Amount of Deduction Allowed for Contributions to Medical Savings Accounts.-- (1) In general.--Paragraph (2) of section 220(b) of such Code is amended to read as follows: ``(2) Monthly limitation.--The monthly limitation for any month is the amount equal to \1/12\ of the annual deductible (as of the first day of such month) of the individual's coverage under the high deductible health plan.''. (2) Conforming amendment.--Clause (ii) of section 220(d)(1)(A) of such Code is amended by striking ``75 percent of''. (d) Both Employers and Employees May Contribute to Medical Savings Accounts.--Paragraph (4) of section 220(b) of such Code (as redesignated by subsection (b)(2)(C)) is amended to read as follows: ``(4) Coordination with exclusion for employer contributions.--The limitation which would (but for this paragraph) apply under this subsection to the taxpayer for any taxable year shall be reduced (but not below zero) by the amount which would (but for section 106(b)) be includible in the taxpayer's gross income for such taxable year.''. (e) Reduction of Permitted Deductibles Under High Deductible Health Plans.-- (1) In general.--Subparagraph (A) of section 220(c)(2) of such Code (defining high deductible health plan) is amended-- (A) by striking ``$1,500'' in clause (i) and inserting ``$1,000''; and (B) by striking ``$3,000'' in clause (ii) and inserting ``$2,000''. (2) Conforming amendment.--Subsection (g) of section 220 of such Code is amended to read as follows: ``(g) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1998, each dollar amount in subsection (c)(2) 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 such taxable year begins by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Special rules.--In the case of the $1,000 amount in subsection (c)(2)(A)(i) and the $2,000 amount in subsection (c)(2)(A)(ii), paragraph (1)(B) shall be applied by substituting `calendar year 2000' for `calendar year 1997'. ``(3) Rounding.--If any increase under paragraph (1) or (2) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.''. (f) Providing Incentives for Preferred Provider Organizations To Offer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of such Code is amended by striking ``preventive care if'' and all that follows and inserting ``preventive care.'' (g) Medical Savings Accounts May Be Offered Under Cafeteria Plans.--Subsection (f) of section 125 of such Code is amended by striking ``106(b),''. (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Medical Savings Account Availability Act of 2001 - Amends the Internal Revenue Code with respect to medical savings accounts to: (1) repeal restrictions on the number of accounts which may be established; and (2) expand the availability of such accounts to individuals other than the self-employed and employees of small employers.

To amend the Internal Revenue Code of 1986 to expand the availability of Archer medical savings accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Loan Interest Forgiveness for Education Act''. SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS. (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 221 as section 222 and by inserting after section 220 the following: ``SEC. 221. INTEREST ON EDUCATION LOANS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $65,000 ($85,000 in the case of a joint return), the amount which would (but for this paragraph) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowable as such excess bears to $20,000. ``(2) Modified adjusted gross income.--For purposes of paragraph (1), the term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 135, 911, 931, and 933, and ``(B) after application of sections 86, 219, and 469. For purposes of sections 86, 135, 219, and 469, adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(3) Inflation adjustment.--In the case of any taxable year beginning after 1997, the $65,000 and $85,000 amounts referred to in paragraph (1) 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 `1996' for `1992'. ``(4) Rounding.--If any amount as adjusted under paragraph (3) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(c) Dependents Not Eligible for Deduction.--No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' means any indebtedness incurred to pay qualified higher education expenses-- ``(A) which are incurred on behalf of the taxpayer, the taxpayer's spouse, or any dependent of the taxpayer as of the time the indebtedness was incurred, ``(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ``(C) which are attributable to education furnished during a period during which the recipient was at least a half-time student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term `qualified education loan' shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ``(2) Qualified higher education expenses.--The term `qualified higher education expenses' means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before the date of the enactment of this Act) of the taxpayer or the taxpayer's spouse at an eligible educational institution, reduced by the sum of-- ``(A) the amount excluded from gross income under section 135 by reason of such expenses, and ``(B) the amount of the reduction described in section 135(d)(1). For purposes of the preceding sentence, the term `eligible educational institution' has the same meaning given such term by section 135(c)(3), except that such term shall also include an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ``(3) Half-time student.--The term `half-time student' means any individual who would be a student as defined in section 151(c)(4) if `half-time' were substituted for `full- time' each place it appears in such section. ``(4) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (16) the following: ``(17) Interest on education loans.--The deduction allowed by section 221.''. (c) Reporting Requirement.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by inserting after section 6050R the following: ``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS. ``(a) Education Loan Interest of $600 or More.--Any person-- ``(1) who is engaged in a trade or business, and ``(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on 1 or more qualified education loans, shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, ``(2) contains-- ``(A) the name, address, and TIN of the individual from whom the interest described in subsection (a)(2) was received, ``(B) the amount of such interest received for the calendar year, and ``(C) such other information as the Secretary may prescribe. ``(c) Application to Governmental Units.--For purposes of subsection (a)-- ``(1) Treated as persons.--The term `person' includes any governmental unit (and any agency or instrumentality thereof). ``(2) Special rules.--In the case of a governmental unit or any agency or instrumentality thereof-- ``(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and ``(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. ``(d) Statements To Be Furnished to Individuals With Respect To Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return, and ``(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ``(e) Qualified Education Loan Defined.--For purposes of this section, except as provided in regulations prescribed by the Secretary, the term `qualified education loan' has the meaning given such term by section 221(d)(1). ``(f) Returns Which Would Be Required To Be Made by 2 or More Persons.--Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).''. (2) Assessable penalties.--Section 6724(d) of such Code (relating to definitions) is amended-- (A) in paragraph (1)(B), by redesignating clauses (x) through (xv) as clauses (xi) through (xvi), respectively, and by inserting after clause (ix) the following new clause: ``(x) section 6050S (relating to returns relating to education loan interest received in trade or business from individuals),'', and (B) in paragraph (2), by striking ``or'' at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ``, or'', and by adding at the end the following new subparagraph: ``(Z) section 6050S(d) (relating to returns relating to education loan interest received in trade or business from individuals).''. (d) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``Sec. 221. Interest on education loans. ``Sec. 222. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 221(d)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 1996.

Loan Interest Forgiveness for Education Act - Amends the Internal Revenue Code to allow a limited deduction (based on modified adjusted gross income) on an amount equal to the interest paid by a taxpayer on any qualified educational loan.

Loan Interest Forgiveness for Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Market Promotion Program Amendments Act of 1993''. SEC. 2. MODIFICATIONS TO MARKET PROMOTION PROGRAM. (a) Small-Sized Commercial Entities and Medium-Sized Commercial Entities That Are Beginning Exporters.--Section 203(c) of the Agricultural Trade Act of 1978 (7 U.S.C. 5623(c)) is amended-- (1) in paragraph (2), by striking ``in the case of an unfair trade practice'' and inserting ``in the case of-- ``(A) an unfair trade practice; or ``(B) a small-sized commercial entity, or a medium- sized commercial entity, that is a beginning exporter, as determined by the Secretary.''; and (2) by adding at the end the following new paragraph: ``(3) Goal for small-sized commercial entities and medium- sized commercial entities that are beginning exporters.--In carrying out the program established under this section, the Secretary shall use, to the maximum extent practicable, at least 30 percent of the total funds available or 30 percent of the value of any commodities employed, as determined by the Secretary, for each of fiscal years 1994 and 1995 for program activities involving small-sized commercial entities, and medium-sized commercial entities, that are beginning exporters.''. (b) Branded Promotion.--Section 203(e)(4) of such Act is amended by adding at the end the following new sentence: ``Assistance provided under this paragraph may be used only for market promotion activities that are in addition to activities for which a commercial entity expends an amount during a year in a foreign country, in United States dollars adjusted to reflect the latest Consumer Price Index for all- urban consumers published by the Department of Labor, that is equal to the dollar amount expended by the commercial entity (other than amounts provided under this section) on all market promotion activities during the preceding year in the foreign country.''. (c) Other Terms and Conditions.--Section 203(f) of such Act is amended by adding at the end the following new paragraphs: ``(4) Independent audits.--In addition to an audit that is required by section 403, the Secretary shall require that, as a condition of eligibility for assistance under this section, a commercial entity that receives more than $50,000 a year in assistance under this section shall provide for an independent audit of program activities under this section during the year to determine whether the entity has complied with the requirements of this section. ``(5) Prohibition on assistance for tobacco.--No assistance under this section may be used for the development, maintenance, or expansion of a commercial export market for tobacco. ``(6) Definitions.--As used in this section: ``(A) Commercial entity.--The term `commercial entity' means a cooperative or private organization that exports or promotes an agricultural commodity, including an entity that controls, is controlled by, or is under common control with such a cooperative or private organization. ``(B) Medium-sized commercial entity.--The term `medium-sized commercial entity' means a commercial entity that employs not less than 51, nor more than 500, individuals. ``(C) Small-sized commercial entity.--The term `small-sized commercial entity' means a commercial entity that employs not more than 50 individuals.''. (d) Graduation.--Paragraph (2) of section 203(g) of such Act is amended to read as follows: ``(2) Limitations.-- ``(A) Branded promotion.-- ``(i) In general.--Assistance provided under this section to a commercial entity for activities described in subsection (e)(4) that are conducted in a foreign country-- ``(I) during each year of the first 3-year period the commercial entity receives assistance for the activities, shall not exceed 50 percent of the cost of implementing the marketing plan in the country; ``(II) during the 4th year of the period the commercial entity receives assistance for the activities, shall not exceed 33 percent of the cost of implementing the marketing plan in the country; and ``(III) during the 5th year of period the commercial entity receives assistance for the activities, shall not exceed 17 percent of the cost of implementing the marketing plan in the country. ``(ii) Maximum period.--Assistance provided under this section to a commercial entity for activities described in subsection (e)(4) that are conducted in a foreign country shall not be provided for more than 5 years. ``(B) Generic promotion.-- ``(i) In general.--To be eligible for assistance under this section (other than for activities described in subsection (e)(4) or clause (iii)), an eligible trade organization shall contribute a larger share of the cost of a marketing plan for a foreign country in each year the organization conducts activities in the country, as determined by the Secretary. ``(ii) Maximum period.--The nonfederal share shall be progressively increased in such a manner that an eligible trade organization shall not receive assistance under this section in the country for more than 5 years. ``(iii) Regional state-related trade organizations.--Assistance may be provided under this section for a period not to exceed 5 years for each agricultural commodity for which an eligible regional State-related organization has an approved marketing place for an activity, other than for an activity described in subsection (e)(4). ``(C) Waiver.--The Secretary may waive the limitations described in subparagraphs (A) and (B) in the case of an agricultural commodity with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974 (19 U.S.C. 2411). To grant waivers, the Secretary shall establish criteria that are consistent and documented.''. SEC. 3. COOPERATOR FOREIGN MARKET DEVELOPMENT PROGRAM. Section 1126(b) of the Food Security Act of 1985 (7 U.S.C. 1736u(b)) is amended by striking ``shall be'' and inserting ``shall not be''. SEC. 4. EFFECTIVE DATE; REGULATIONS. (a) Effective Date.--This Act and the amendments made by this Act shall become effective on the date of enactment of this Act. (b) Regulations.--Not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out this Act and the amendments made by this Act.

Agricultural Market Promotion Program Amendments Act of 1993 - Amends the Agricultural Trade Act of 1978 with regard to the agricultural market promotion program to: (1) give priority to, and obligate specified funds for, small and medium beginning exporters; (2) permit assistance for branded promotion only to supplement an entity's own promotional activities; (3) prohibit assistance for tobacco promotion; and (4) incrementally reduce and eliminate over a five-year period assistance for branded and generic promotion in a foreign country.

Agricultural Market Promotion Program Amendments Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Hospital Self- Referral Amendments of 1996''. SEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE PLANNING PROCESS. (a) Medicare Requirement.--Section 1861(ee)(2) of the Social Security Act (42 U.S.C. 1395x(ee)(2)) is amended-- (1) in subparagraph (D), by inserting before the period the following: ``, including the availability of those services through individuals and entities that participate in the program under this title and that serve the area in which the patient resides and that request to be listed by the hospital as available''; and (2) by adding at the end the following: ``(H) Consistent with section 1802, the discharge plan shall-- ``(i) not specify or otherwise limit the qualified provider which may provide post-hospital care, and ``(ii) identify (in a form and manner specified by the Secretary) any provider (to whom the individual is referred) in which the hospital has a disclosable financial interest (as specified by the Secretary consistent with section 1866(a)(1)(R)) or which has such an interest in the hospital.''. (b) Requirement for Medicaid Funding.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended-- (1) by striking ``or'' at the end of paragraph (14), (2) by striking the period at the end of paragraph (15) and inserting ``; or'', and (3) by inserting after paragraph (15) the following new paragraph: ``(16) with respect to any amount expended for inpatient hospital services of a hospital unless the hospital has in place a discharge planning process that meets the requirements of section 1861(ee) with respect to individuals entitled to medical assistance under this title in the same manner as such requirements otherwise apply to individuals entitled to benefits under title XVIII.''. (c) Effective Dates.--The amendments made by subsection (a) shall apply to discharges occurring on or after 90 days after the date of the enactment of this Act. The amendments made by subsection (b) shall apply to expenditures for inpatient hospital services with respect to discharges occurring on or after 90 days after the date of the enactment of this Act. SEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL SERVICE PROVIDERS. (a) Medicare Requirement.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (P), (2) by striking the period at the end of subparagraph (Q), and (3) by adding at the end the following: ``(R) in the case of a hospital that has a financial interest (as specified by the Secretary in regulations) in a provider of post-hospital services (including an entity that furnishes durable medical equipment), or in which such a provider has such a financial interest, or in which another entity has such a financial interest (directly or indirectly) with such hospital and such a provider, to maintain and disclose to the Secretary (in a form and manner specified by the Secretary) information on-- ``(i) the nature of such financial interest, ``(ii) the number of individuals who were discharged from the hospital and who were identified as requiring the type of post-hospital services provided by such provider, and ``(iii) the percentage of such individuals who received such services from such provider (or another such provider).''. (b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such Act (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended-- (1) by striking ``(A)'' after ``unless'', and (2) by inserting before the period at the end the following: ``, and (B) the hospital is complying with the requirements of section 1866(a)(1)(R)''. (c) Disclosure of Information to the Public.--Title XI of such Act is amended by inserting after section 1145 the following new section: ``public disclosure of certain information on hospital financial interest and referral patterns ``Sec. 1146. The Secretary shall make available to the public, in a form and manner specified by the Secretary, information disclosed to the Secretary pursuant to section 1866(a)(1)(R) or section 1903(i)(16).''. (d) Effective Date.--The Secretary of Health and Human Services shall issue regulations by not later than 1 year after the date of the enactment of this Act to carry out the amendments made by this section and such amendments shall take effect as of such date (on or after the issuance of such regulations) as the Secretary specifies in such regulations.

Medicare and Medicaid Hospital Self-Referral Amendments of 1996 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to: (1) give notice of availability of providers as part of the discharge planning process; and (2) maintain and disclose information on certain referrals. Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns by the Secretary of Health and Human Services.

Medicare and Medicaid Hospital Self-Referral Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolving Door Sunshine Act of 1993''. SEC. 2. PUBLIC DISCLOSURE OF COMMUNICATIONS. (a) Disclosure Requirement.--Section 552b of title 5, United States Code, commonly referred to as the ``Government in the Sunshine Act'', is amended by adding at the end the following: ``(n)(1) Any person who is a senior member of the Federal Government shall, after his or her service or employment as a senior member of the Federal Government terminates, file, in accordance with paragraph (2), reports containing the following information: ``(A)(i) The name of any Member of Congress, and the name and title of any congressional staff member or of any officer or employee of any agency, to whom he or she makes an oral or written communication on behalf of anyone other than himself or herself or the United States, during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, regarding an official action of the Congress or that agency. ``(ii) A person who is a former senior appointee is required under this subparagraph to report only a communication regarding-- ``(I) an official action by an agency of which he or she, as such senior appointee, was an officer or employee; ``(II) an official action by the Congress that directly affects an agency described in subclause (I); or ``(III) an official action relating to a matter in which he or she participated personally and substantially as such senior appointee. ``(B) The name, address, and telephone number of any person on whose behalf he or she makes a communication described in subparagraph (A). ``(C) A description of the legislation, regulation, trade negotiation, or other matter that a communication described in subparagraph (A) concerns. ``(D) The name, address, and telephone number of any foreign government, foreign political party, or foreign business entity whom he or she represents, aids, or advises, during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, regarding any official action of the Congress or of an agency. ``(2)(A) Subject to subparagraph (B), each person who is required to file a report under paragraph (1) shall file such report-- ``(i) by July 30 of each year, containing information relating to the period January 1 through June 30 of that year; and ``(ii) by January 31 of each year, containing information relating to the period July 1 through December 31 of the preceding year. ``(B)(i) A person shall file the first report under paragraph (1) for the first reporting period described in subparagraph (A) of this paragraph-- ``(I) which occurs after the person leaves his or her office or position; and ``(II) in which he or she made any communication described in paragraph (1)(A), or any representation, aid, or advice described in paragraph (1)(D). For all subsequent reporting periods, such person shall file a report under paragraph (1) whether or not the person made any communication described in paragraph (1)(A), or any representation, aid, or advice described in paragraph (1)(D), during the reporting period. ``(ii) In the case of a person who makes no communication described in paragraph (1)(A), and no representation, aid, or advice described in paragraph (1)(D), during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, such person shall file under paragraph (1) a report covering the first 2 years of such 5-year period, and a report covering the next 3 years of such 5-year period. ``(iii) The last report which a person described in clause (i) or (ii) is required to file under paragraph (1) is a report filed by the date specified in clause (i) or (ii) of subparagraph (A) that first occurs after the end of the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates. ``(3)(A) A former President, Vice President, or senior appointee shall file the report required by paragraph (1) with the Director of the Office of Management and Budget. ``(B) A former Representative in the Congress, Delegate or Resident Commissioner to the Congress, or senior congressional staff member whose pay was disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, shall file the report required by paragraph (1) with the Clerk of the House of Representatives. ``(C) A former Senator, or former senior congressional staff member whose pay was disbursed by the Secretary of the Senate, shall file the report required by paragraph (1) with the Secretary of the Senate. ``(4) The Clerk of the House of Representatives, the Secretary of the Senate, and the Director of the Office of Management and Budget shall, within 30 days after receiving a report filed under paragraph (1), make such report available to the public for inspection and copying during normal business hours. ``(5) In any case in which a person-- ``(A) has failed to file a report required by paragraph (1) with the Director of the Office of Management and Budget, the Clerk of the House of Representatives, or the Secretary of the Senate, as the case may be, ``(B) has failed to file information required in such report, or ``(C) has filed false information in such report, the Director, Clerk, or Secretary, as the case may be, shall, within 60 days after the date on which the report should have been filed or was filed, make public the name of such person and refer the name of such person to the Attorney General. ``(6) The Attorney General may bring a civil action in any appropriate United States district court against any person who fails to file a report required by paragraph (1), fails to file information required in such report, or has filed false information in any such report. The court in which such action is brought shall, upon proof of such filing or failure to file by a preponderance of the evidence, assess against such person a civil penalty of not more than $10,000. ``(7)(A) The Clerk of the House of Representatives shall make public on January 31 of each year the names of each former Representative in the Congress, each Delegate or Resident Commissioner to the Congress, and each senior congressional staff member whose compensation was disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, who is required to file a report under paragraph (1). ``(B) The Secretary of the Senate shall make public on January 31 of each year the names of each former Senator, and each senior congressional staff member whose compensation was disbursed by the Secretary of the Senate, who is required to file a report under paragraph (1). ``(C) The Director of the Office of Management and Budget shall make public on January 31 of each year the names of each senior appointee who is required to file a report under paragraph (1). ``(D) The requirements of this paragraph shall first apply in January of 1995. ``(8) For purposes of this subsection-- ``(A) the term `agency' has the meaning given that term in section 552(f) of this title; ``(B) the term `congressional staff member' means an elected officer of either House of Congress, an employee whose pay is disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, and an employee whose pay is disbursed by the Secretary of the Senate; ``(C) the term `foreign business entity' means a partnership, association, corporation, organization, or other combination of persons either organized under the laws of or having its principal place of business in a foreign country; ``(D) the term `foreign government' means the `government of a foreign country', as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended; ``(E) the term `foreign political party' has the meaning given that term in section 1(f) of the Foreign Agents Registration Act of 1938, as amended; ``(F) the term `Member of Congress' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress; ``(G) the term `official action' does not include the routine provision of information and services; ``(H) the term `senior appointee' means any individual-- ``(i) who is appointed by the President, the Vice President, or the head of an agency to a full-time position in an agency in the civil service or in the uniformed services, or is appointed to a position in the Foreign Service or the Senior Executive Service; and ``(ii)(I) whose rate of basic pay, if appointed to a position in the civil service, the Foreign Service, or the Senior Executive Service, is not less than the rate of basic pay in effect for level V of the Executive Schedule under section 5316 of this title; or ``(II) who, if appointed to a position in the uniformed services, is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade O-7 or above; ``(I) the term `senior congressional staff member' means any individual who is a congressional staff member and whose rate of basic pay is not less than the rate of basic pay in effect for level V of the Executive Schedule under section 5316 of this title; ``(J) the term `senior member of the Federal Government' means an individual who-- ``(i) is President, Vice President, or a senior appointee, or ``(ii) is a Member of Congress or a senior congressional staff member, and is serving in such position after January 4, 1995; and ``(K) the term `written communication' includes any communication, other than an oral communication, that is transmitted by any means, including by an electronic device.''. (b) Conforming and Clerical Amendments.--Section 552b(a)(1) of title 5, United States Code, is amended-- (1) by inserting ``, except as provided in subsection (n),'' after `` `agency' ''; and (2) by striking ``section 552(e)'' and inserting ``section 552(f)''.

Revolving Door Sunshine Act of 1993 - Amends the Government in the Sunshine Act to require former Presidents, Vice Presidents, and senior Federal appointees, as well as former Members of Congress and senior congressional staff members, to file, for a certain period after leaving Government, periodic reports with the appropriate entity which disclose certain communications made and other actions (generally related to advising or lobbying, especially, but not only, by foreign persons) taken by them during the reporting period. Requires such reports to be made public. Authorizes sanctions in cases of noncompliance.

Revolving Door Sunshine Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Expansion Act''. SEC. 2. ELIGIBILITY FOR FARM LOANS. (a) Farm Ownership Loans.--Section 302(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in paragraph (1) (as designated by paragraph (1))-- (A) in the first sentence, by striking ``and limited liability companies'' and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate,''; and (B) in the second sentence-- (i) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (ii) by striking ``(1)'' and inserting ``(A)''; (iii) by striking ``(2)'' and inserting ``(B)''; (iv) by striking ``(3)'' and inserting ``(C)''; and (v) by striking ``(4)'' and inserting ``(D)''; (3) in the third sentence-- (A) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (B) by striking ``(3)'' and inserting ``(C)''; and (C) by striking ``(4)'' and inserting ``(D)''; and (4) by adding at the end the following: ``(2) Special rules regarding determinations.-- ``(A) Eligibility of certain operating-only entities.--An entity that is, or will become, only the operator of a family farm shall be determined by the Secretary to meet each owner-operator requirement described in paragraph (1) if the 1 or more individuals who are the owners of the family farm own-- ``(i) a percentage of the family farm that exceeds 50 percent; or ``(ii) such other percentage that the Secretary determines to be appropriate. ``(B) Eligibility of certain embedded entities.--An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A), that is owned, in whole or in part, by 1 or more other entities, shall be determined by the Secretary to meet the direct ownership requirement described in paragraph (1) if not less than 75 percent of the ownership interests of each embedded entity of the entity is owned directly or indirectly by the 1 or more individuals who own the family farm.''. (b) Conservation Loans.--Section 304(c)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(c)(1)) is amended by striking ``or limited liability companies'' and inserting ``limited liability companies, or such other legal entities that the Secretary determines to be appropriate,''. (c) Farm Operating Loans.--Section 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)) is amended-- (1) by striking ``(a) In General.--The'' and inserting the following: ``(a) In General.-- ``(1) Eligibility requirements.--The''; (2) in paragraph (1) (as designated by paragraph (1))-- (A) in the first sentence, by striking ``and limited liability companies'' and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate,''; and (B) in the second sentence-- (i) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (ii) by striking ``(1)'' and inserting ``(A)''; (iii) by striking ``(2)'' and inserting ``(B)''; (iv) by striking ``(3)'' and inserting ``(C)''; and (v) by striking ``(4)'' and inserting ``(D)''; (3) in the third sentence-- (A) by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and such other legal entities that the Secretary determines to be appropriate''; (B) by striking ``(3)'' and inserting ``(C)''; and (C) by striking ``(4)'' and inserting ``(D)''; and (4) by adding at the end the following: ``(2) Special rules regarding determinations.--An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by 1 or more other entities, shall be determined by the Secretary to meet the direct ownership requirement described in paragraph (1) if not less than 75 percent of the ownership interests of each embedded entity of the entity is owned directly or indirectly by the 1 or more individuals who own the family farm.''. (d) Emergency Loans.--Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended-- (1) in the first sentence, in the matter preceding the proviso-- (A) by striking ``owner-operators (in the case of loans for a purpose under subtitle A) or operators (in the case of loans for a purpose under subtitle B)'' each place it appears and inserting ``(in the case of farm ownership loans in accordance with subtitle A) owner-operators or operators, or (in the case of loans for a purpose under subtitle B) operators''; (B) by striking ``or limited liability companies'' the first place it appears and inserting ``limited liability companies, or such other legal entities that the Secretary determines to be appropriate''; and (C) by striking ``or limited liability companies'' the second place it appears and inserting ``limited liability companies, or such other legal entities''; (2) in the second sentence of the proviso-- (A) by striking ``and limited liability companies'' and inserting ``limited liability companies, and such other legal entities''; and (B) by striking ``ownership and operator'' and inserting ``ownership or operator''; and (3) by adding at the end the following: ``An entity that is an owner-operator or operator described in this subsection shall be determined by the Secretary to meet the direct ownership requirement described in this subsection if the entity is owned, in whole or in part, by 1 or more other entities and each individual who is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities.''. (e) Conforming Amendments.-- (1) Section 304(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(c)(2)) is amended by striking ``paragraphs (1) and (2) of section 302(a)'' and inserting ``clauses (A) and (B) of section 302(a)(1)''. (2) Section 310D(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1934(a)) is amended-- (A) in the first sentence, by striking ``paragraphs (2) through (4) of section 302'' and inserting ``clauses (B) through (D) of section 302(a)(1)''; and (B) in the second sentence-- (i) by striking ``farm cooperative or private domestic corporation or partnership'' and inserting ``farm cooperative, private domestic corporation, partnership, or such other legal entity that the Secretary determines to be appropriate,''; and (ii) by striking ``or partners'' and inserting ``partners, or owners''. (3) Section 343(a)(11) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)) is amended-- (A) in subparagraph (C)-- (i) by striking ``or joint operation'' and inserting ``joint operation, or such other legal entity that the Secretary determines to be appropriate''; and (ii) by striking ``or joint operators'' and inserting ``joint operators, or owners''; and (B) in subparagraph (D)-- (i) in clause (i)(II)(aa)-- (I) by striking ``or joint operation'' and inserting ``joint operation, or such other legal entity''; and (II) by striking ``or joint operators'' and inserting ``joint operators, or owners''; and (ii) in clause (ii)(II)(aa)-- (I) by striking ``or joint operation'' and inserting ``joint operation, or such other legal entity''; and (II) by striking ``or joint operators'' and inserting ``joint operators, or owners''. (4) Section 359(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2006a(c)(2)) is amended by striking ``section 302(a)(2) or 311(a)(2)'' and inserting ``clause (B) of section 302(a)(1) or clause (B) of section 311(a)(1)''. SEC. 3. PURPOSES OF CERTAIN DIRECT LOANS. Section 303(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1923(a)(1)) is amended-- (1) in subparagraph (D), by striking ``or'' at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(F) refinancing 1 or more loans made or guaranteed under this subtitle.''. SEC. 4. REPEAL OF CERTAIN LOAN TERM LIMITS. (a) Direct Loans.--Section 311 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941) is amended by striking subsection (c). (b) Limitation on Period Borrowers Are Eligible for Guaranteed Assistance.--Section 319 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1949) is amended-- (1) by striking ``(a) Graduation Plan.--The Secretary'' and inserting ``The Secretary''; and (2) by striking subsection (b).

Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans. Deems specified embedded entities (an entity owned wholly or in part by another entity) eligible for farm ownership and operating loans. Deems specified operating-only entities eligible for farm ownership loans. Directs the Secretary of Agriculture (USDA) to determine that an entity that is an owner-operator or operator meets the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities. Permits direct loans to be used to refinance Farm Service Agency loans or guaranteed loans. Eliminates the 15-year limitation on the period operating loan borrowers are eligible for guaranteed assistance.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Modernization Act''. SEC. 2. ECONOMIC TRANSITION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 13403(a) of Public Law 115-97, is amended by adding at the end the following new section: ``SEC. 45T. ECONOMIC TRANSITION CREDIT. ``(a) In General.--For purposes of section 38, the amount of the economic transition credit determined under this section for the taxable year shall be equal to the sum of any applicable payroll taxes paid by an employer during the taxable year with respect to employment of any qualified employee. ``(b) Definitions.--For purposes of this section: ``(1) Applicable payroll taxes.-- ``(A) In general.--The term `applicable payroll taxes' means, with respect to any employer for any taxable year, the amount of the taxes imposed by-- ``(i) section 3111 on wages paid by an employer with respect to employment of qualified employee during the applicable period, and ``(ii) section 3221(a) on compensation paid by an employer with respect to services rendered by a qualified employee during the applicable period. ``(B) Applicable period.--For purposes of subparagraph (A), the term `applicable period' means the 3-year period beginning with the day the qualified employee begins work for the employer. ``(2) Declining field.-- ``(A) In general.--The term `declining field' means any occupation or field of work which has been determined by the Secretary, in consultation with the Bureau of Labor Statistics of the Department of Labor, to have experienced a decline in the level of average employment in such occupation or field in the United States of not less than 8 percent over the most recent 3-year period for which such information is available. ``(B) Determination and publication.--The Secretary, in consultation with the Bureau of Labor Statistics of the Department of Labor, shall annually-- ``(i) determine which occupations or fields of work satisfy the requirements described in subparagraph (A), and ``(ii) publish and make available on the website of the Department of the Treasury a complete list of such occupations and fields of work. ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means an individual who-- ``(i) is provided wages for employment by the employer (as such terms are defined in section 3121), provided that such employment is not in a declining field, ``(ii) is not a covered employee (as defined in section 162(m)(3)), and ``(iii) was employed in a declining field for any period during the 12-month period preceding the applicable period under paragraph (1)(B). ``(B) Nonqualifying rehires.--The term `qualifying employee' shall not include any individual who, prior to the beginning of the applicable period under paragraph (1)(B), had been employed by the employer at any time.''. (b) Credit Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986, as amended by section 13403(b) of Public Law 115-97, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(38) the economic transition credit determined under section 45T(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45T. Economic Transition Credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. ENHANCEMENTS TO CERTAIN EDUCATION TAX BENEFITS FOR PROFESSIONALS IN SHORT SUPPLY. (a) In General.-- (1) Publication.--For each calendar year beginning after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Labor, shall publish and make available on the website of the Department of the Treasury a list of any occupation or field of work which qualifies as a short supply field for such calendar year. (2) Short supply field.--The term ``short supply field'' means an occupation or field of work which the Secretary of the Treasury, in consultation with the Secretary of Labor, has determined-- (A) requires-- (i) theoretical and practical application of a body of highly specialized knowledge; and (ii)(I) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent); or (II) experience in the specialty equivalent to the completion of such degree; and (B) has an insufficient number of individuals who are citizens or residents of the United States and are qualified, willing, and able to satisfy the demand for labor in such occupation or field of work. (b) Enhancements to Certain Education Tax Benefits.-- (1) In general.-- (A) Educational assistance programs.--Paragraph (2) of section 127(a) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of an individual employed in an occupation or field of work which has been designated as a short supply field for such calendar year pursuant to section 3(a) of the Economic Modernization Act, the first $15,000 of such assistance so furnished)'' before the period at the end. (B) Interest on education loans.--Paragraph (1) of section 221(b) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of a individual employed in an occupation or field of work which has been designated, pursuant to section 3(a) of the Economic Modernization Act, as a short supply field for the calendar year in which such taxable year began, shall not exceed $8,000)'' before the period at the end. (C) Qualified tuition and related expenses.-- Paragraph (1) of section 222(b) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of an individual employed in an occupation or field of work which has been designated, pursuant to section 3(a) of the Economic Modernization Act, as a short supply field for the calendar year in which such taxable year began, an amount equal to the applicable dollar limit multiplied by 2)'' before the period at the end. (2) Exclusion for certain employer payments of student loans.-- (A) In general.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of an employee employed in an occupation or field of work which has been designated as a short supply field for a calendar year pursuant to section 3(a) of the Economic Modernization Act, the payment by an employer during such calendar year, whether paid to the employee or to a lender, of principal or interest on any qualified education loan (as defined in section 221(d)(1)) incurred by the employee, and''. (B) Conforming amendment; denial of double benefit.--Paragraph (1) of section 221(e) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ``, or for which an exclusion is allowable under section 127 to the taxpayer's employer by reason of the payment by such employer of any indebtedness on a qualified education loan of the taxpayer''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. DEDUCTION OF QUALIFIED ENTERPRISE INCOME. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 181 the following new section: ``SEC. 182. QUALIFIED ENTERPRISE INCOME. ``(a) In General.--In the case of a qualified taxpayer, there shall be allowed as a deduction an amount equal to any qualified enterprise income of such taxpayer. ``(b) Limitation.--The amount of the deduction allowed under subsection (a) for any taxable year shall not exceed an amount equal to 50 percent of the W-2 wages paid by the qualified taxpayer during such taxable year. ``(c) Definitions.--In this section: ``(1) Qualified enterprise income.-- ``(A) In general.--The term `qualified enterprise income' means the amount equal to the excess (if any) of-- ``(i) the gross receipts of the qualified taxpayer for the taxable year which are properly allocable to a qualified facility, over ``(ii) an amount equal to the sum of-- ``(I) the cost of goods sold which are allocable to such receipts, and ``(II) any other expenses, losses or deductions (with the exception of the deduction allowed under this section) which are allocable to such receipts. ``(B) Limitation.--The term `qualified enterprise income' shall apply only to gross receipts described in subparagraph (A) for the 3-taxable-year period beginning after the qualified facility is placed in service. ``(C) Method of allocation.--The Secretary shall prescribe regulations for ensuring proper allocation of amounts under subparagraph (A). ``(2) Qualified facility.-- ``(A) In general.--The term `qualified facility' means any nonresidential building (and its structural components) which-- ``(i) prior to 2000, was placed in service and used in the active conduct of a trade or business by a person other than the qualified taxpayer, ``(ii) after being acquired by the qualified taxpayer, has been substantially rehabilitated, ``(iii) during the 2-year period prior to commencement of rehabilitation by the qualified taxpayer, was not used in the active conduct of a trade or business, and ``(iv) is located within a State. ``(B) Substantial rehabilitation.--For purposes of this paragraph, a building shall be deemed to have been substantially rehabilitated only if-- ``(i) not less than 50 percent of the existing external walls of such building are retained in place as external walls, ``(ii) not less than 75 percent of the existing internal structural framework of such building is retained in place, and ``(iii) the amount properly chargeable to the capital account for any addition to or improvement of the building is in excess of an amount equal to the greater of-- ``(I) the adjusted basis of such building (and its structural components), or ``(II) $20,000. ``(3) Qualified taxpayer.--The term `qualified taxpayer' means the person that owns the qualified facility and directly incurs not less than 50 percent of the expenses for substantially rehabilitating such facility (under rules similar to the rules applicable to self-rehabilitated buildings under section 47(d)(4)). ``(4) State.--The term `State' means any State of the United States or the District of Columbia or any Territory or possession of the United States. ``(5) W-2 wages.-- ``(A) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. ``(B) Limitation to wages attributable to qualified enterprise income.--Such term shall not include any amount which is not properly allocable to qualified enterprise income for purposes of subsection (c)(1). ``(C) Return requirement.--Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 182. Qualified Enterprise Income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Economic Modernization Act This bill amends the Internal Revenue Code to allow additional tax credits and deductions to assist employees who work in declining or short-supply fields. A "declining field" has experienced a decline in the level of average employment of at least 8% over the most recent 3-year period. A "short-supply" field: (1) requires theoretical and practical application of a body of highly specialized knowledge and certain degrees or experience in the specialty; and (2) has an insufficient number of U.S. citizens or residents who are qualified, willing, and able to satisfy the demand for labor in the occupation or field of work. For employers, the bill allows an economic transition tax credit for payroll taxes paid over a three-year period with respect to employees who previously worked in a declining field. For individuals employed in short-supply fields, the bill: increases the limit for the exclusion from gross income for employer-provided educational assistance programs and expands the exclusion to include payments of education loans, increases the limit for the deduction for interest on education loans, and increases the limit for the deduction for qualified tuition and related expenses. The bill also allows a deduction for companies that rehabilitate certain abandoned buildings. The deduction is equal to a portion of the income attributable to the rehabilitated building and may not exceed 50% of the wages paid by the company.

Economic Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Equity Protection Act of 1993''. SEC. 2. CONSUMER PROTECTIONS FOR HIGH COST MORTGAGES. (a) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding after subsection (z) the following new subsection: ``(aa) The term `high cost mortgage' means a consumer credit transaction, other than a residential mortgage transaction, that is secured by a consumer's principal dwelling and that satisfies at least 1 of the following conditions: ``(1) The annual percentage rate at consummation of the transaction will exceed by more than 10 percentage points the rate of interest on obligations of the United States having a period of maturity of 1 year on the fifteenth day of the month before such consummation. ``(2) All points and fees payable by the consumer at or before closing will exceed the greater of-- ``(A) 8 percent of the amount financed, minus fees and points; or ``(B) $400.''. (b) Material Disclosures.--Section 103(u) of the Truth in Lending Act (15 U.S.C. 1602(u)) is amended-- (1) by striking ``and the due dates'' and inserting ``, the due dates''; and (2) by inserting before the period ``, and the disclosures for high cost mortgages required by section 129(a))''. (c) Definition of Creditor Clarified.--Section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) is amended by adding at the end the following: ``Any person who originates 2 or more high cost mortgages in any 12-month period or any person who originates 1 or more high cost mortgages through a loan broker shall be considered to be a creditor for purposes of section 129.''. (d) Disclosures Required and Certain Terms Prohibited.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 128 the following new section: ``SEC. 129. REQUIREMENTS FOR HIGH COST MORTGAGES. ``(a) Disclosures.--In addition to any other disclosures required under this title, for each high cost mortgage, the creditor shall provide the following written disclosures in clear language and in conspicuous type size and format, segregated from other information as a separate document: ``(1) The following statement: `If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan.'. ``(2) The initial annual percentage rate. ``(3) The consumer's gross monthly cash income, as verified by the creditor, the total initial monthly payment, and the amount of funds that will remain to meet other obligations of the consumer. ``(4) In the case of a variable rate loan, a statement that the annual percentage rate and the interest rate could increase, and the maximum interest rate and payment. ``(5) In the case of a variable rate loan with an initial annual percentage rate that is different than the one which would be applied using the contract index after the initial period, a statement of the period of time the initial rate will be in effect, and the rate or rates that will go into effect after the initial period is over, assuming that current interest rates prevail. ``(6) A statement that the consumer is not required to complete the transaction merely because he or she has received disclosures or signed a loan application. ``(7) A statement as follows: `Under Federal law, this is a high cost mortgage. You may be able to obtain a less expensive loan.'. ``(b) Time of Disclosures.--The disclosures required by this section shall be given no later than 3 business days prior to consummation of the transaction. A creditor may not change the terms of the loan after providing the disclosures required by this section. ``(c) No Prepayment Penalty.-- ``(1) In general.--A high cost mortgage may not contain terms under which a consumer must pay a prepayment penalty for paying all or part of the principal prior to the date on which such principal is due. If the date of maturity of the high cost mortgage is accelerated for any reason, the consumer is entitled to a rebate that complies with paragraph (2). No high cost mortgage shall provide for a default interest rate that is higher than the interest rate provided by the note for a performing loan. ``(2) Rebate computation.--For purposes of this subsection, any method of computing rebates of a finance charge less favorable to the consumer than the actuarial method using simple interest is a prepayment penalty. ``(3) Certain other fees prohibited.--An agreement to refinance a high cost mortgage by the same creditor or an affiliate of the creditor may not require the consumer to pay points, discount fees, or prepaid finance charges on the portion of the loan refinanced. For the purpose of this paragraph, the term `affiliate' has the same meaning as it does in section 2(k) of the Bank Holding Company Act of 1956. ``(d) No Balloon Payments.--A high cost mortgage may not include terms under which the aggregate amount of the regular periodic payments would not fully amortize the outstanding principal balance. ``(e) No Negative Amortization.--A high cost mortgage may not include terms under which the outstanding principal balance will increase over the course of the loan. ``(f) No Prepaid Payments.--A high cost mortgage may not include terms under which more than 2 periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the consumer. ``(g) Unfair, Deceptive, or Evasive Acts Prohibited.--Creditors of contracts governed by this section shall not commit, in the making, servicing, or collecting of a high cost mortgage, any act or practice which is unfair or deceptive, including any of the following: ``(1) Entering into a home equity loan if there is no reasonable probability that the homeowner will be able to make payments according to the terms of the loan. ``(2) Taking advantage of the borrower's infirmities, lack of education or sophistication, or language skills, necessary to understand fully the terms of the transaction. ``(3) Refinancing other loans owed by the homeowner which had not been accelerated by reason of default of the homeowner prior to the application for the home equity loan, unless the new loan is at a lower interest rate or has lower monthly payments. ``(4) Financing a mortgage broker's commission, unless the borrower entered into a separate written contract with the broker prior to the date of application for the home equity loan, which stated the dollar amount of the commission, and which was provided to the borrower prior to the application. ``(5) Taking action or interfering with any other consumer protection laws or regulation designed to protect the homeowner. ``(6) Assisting in the falsification of information on the application for a home equity loan. ``(7) Disbursing to a home improvement contractor more than 80 percent of funds due under a home improvement contract which exceeds $10,000, before the completion of the work due under the home improvement contract, or making any disbursement for a home improvement contract in a form other than an instrument jointly payable to the borrower and the contractor. ``(8)(A) Engaging in any other unfair, deceptive, or unconscionable conduct which creates a likelihood of confusion or misunderstanding. ``(B) Any attempt to evade the provisions of this section by any devise, subterfuge, or pretense whatsoever is deemed to be unfair conduct under this paragraph. ``(h) Right of Rescission.--For the purpose of section 125, any contract with provisions prohibited by this section is deemed to not include material disclosures required under this title. Any provision in a high cost mortgage which violates section 125 shall not be enforceable.''. SEC. 3. STATE AUTHORITY TO REGULATE HIGH RATE MORTGAGE LOANS. The authority of States to establish limitations on the interest, fees, and other terms of a first mortgage which-- (1) is secured by a first lien on residential real property; and (2) is not used to finance the acquisition of that property; is not preempted by section 501 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (12 U.S.C. 1735f-7a) or the Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. 3801 et seq.). SEC. 4. CIVIL LIABILITY. (a) Damages.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended-- (1) by striking ``and'' at the end of paragraph (2)(B); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by inserting after paragraph (3) the following new paragraph: ``(4) in case of a failure to comply with any requirement under section 129, all finance charges and fees.''. (b) State Attorney General Enforcement.--Section 130(e) of the Truth in Lending Act (15 U.S.C. 1640(e)) is amended by adding at the end the following: ``An action to enforce a violation of section 129 may also be brought by the appropriate State attorney general in a court of competent jurisdiction, within 5 years after the date on which the violation occurs.''. (c) Assignee Liability.--Section 131 of the Truth in Lending Act (15 U.S.C. 1641) is amended by adding at the end the following new subsection: ``(d) High Cost Mortgages.-- ``(1) In general.--In addition to any other liability imposed under this title, any person who purchases or is otherwise assigned a high cost mortgage shall be subject to all claims and defenses with respect to the mortgage that the consumer could assert against the creditor of the mortgage. ``(2) Damages.--Relief under this subsection shall be limited to the sum of-- ``(A) an offset of all remaining indebtedness; and ``(B) the total amount paid by the consumer in connection with the transaction. ``(3) Notice.--Any person who sells or otherwise assigns a high cost mortgage shall include a prominent notice of the potential liability under this subsection as determined by the Board.''. SEC. 5. EFFECTIVE DATE. This Act shall be effective 60 days after the promulgation of regulations by the Board of Governors of the Federal Reserve System, which shall occur not later than 180 days following the date of enactment of this Act.

Home Equity Protection Act of 1993 - Amends the Truth in Lending Act to require the creditor of each high cost mortgage to provide certain clearly written, conspicuous disclosures regarding the risks associated with such mortgages. Prohibits such mortgages from containing: (1) a prepayment penalty for paying all or part of the principal prior to the date on which the balance is due; (2) certain refinancing fees; (3) balloon payments; (4) negative amortization; (5) certain prepared payments; and (6) specified unfair, deceptive, or evasive acts. Declares that State authority to regulate certain high rate mortgage loans is not preempted by specified Federal statutes. Includes within the creditor's liability for damages for noncompliance with this Act all finance charges and fees paid by the consumer. Empowers the appropriate State attorney general to bring an action to enforce this Act. Subjects an assignee of a high cost mortgage to all the claims and defenses that the consumer could assert against the creditor.

Home Equity Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Non-Discrimination Act of 1994''. 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 to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986 as in effect on the date of the enactment of this Act. 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-- (1) the Commission and the Librarian of Congress shall have the same powers, respectively, as the Commission and the Librarian of Congress have to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (2) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce such title; and (3) the district courts of the United States shall have the same jurisdiction and powers as such courts have to enforce such title and section 309 of the Civil Rights Act of 1991 (2 U.S.C. 1209). (b) Procedures and Remedies.--The procedures and remedies applicable to a claim for a violation of this Act are as follows: (1) For a violation alleged by an individual, other than an individual specified in paragraph (2) or (3), the procedures and remedies applicable to a claim brought by an individual for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall apply. (2) For a violation alleged by an employee of the House of Representatives or of an instrumentality of the Congress, the procedures and remedies applicable to a claim by such employee for a violation of section 117 of the Civil Rights Act of 1991 (2 U.S.C. 60l) shall apply. (3) For a violation alleged by a Senate employee, the procedures and remedies applicable to a claim by such employee for a violation of section 302 of the Civil Rights Act of 1991 (2 U.S.C. 1202) shall apply. 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 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 of the House of Representatives, an employing office of the Senate, or an instrumentality of the Congress. (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 ``instrumentalities of the Congress'' has the meaning given such term in section 117(b)(4) of the Civil Rights Act of 1991 (2 U.S.C. 60l(b)(4)). (7) 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)). (8) 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)). (9) 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. (10) The term ``Senate employee'' has the meaning given such term in section 301(c) of the Civil Rights Act of 1991 (2 U.S.C. 1201(c)). (11) The term ``sexual orientation'' means lesbian, gay, bisexual, or heterosexual orientation, real or perceived, as manifested by identity, acts, statements, or associations. (12) 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 1994 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including employing authorities of the House of Representatives, employing offices of the Senate, and instrumentalities of the Congress. 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 and Federal immunity. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.

Employment Non-Discrimination Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol Stimulus Act of 2006''. SEC. 2. ETHANOL PRODUCTION TAX INCENTIVES IN HIGH-CONSUMPTION, LOW- PRODUCTION STATES. (a) In General.--Section 40(b)(4) of the Internal Revenue Code of 1986 (relating to small ethanol producer credit) is amended by adding at the end the following new subparagraph: ``(E) Credit for ethanol production in two-two states.-- ``(i) In general.--In the case of qualified ethanol production by any eligible small ethanol producer in all eligible ethanol production facilities of such producer-- ``(I) subparagraph (A) shall be applied by substituting `20 cents' for `10 cents', and ``(II) subparagraph (C) shall be applied by substituting `50,000,000 gallons' for `15,000,000 gallons'. ``(ii) 5-year per facility limitation on credit amount.--With respect to each eligible ethanol production facility, the credit determined under this section by reason of this subparagraph shall apply to production from such facility for the period-- ``(I) beginning with the taxable year during which production from such facility begins, and ``(II) ending on the last day of the fourth taxable year following the taxable year described in subclause (I). ``(iii) Eligible ethanol production facility.--For purposes of this subparagraph, the term `eligible ethanol production facility' means any ethanol production facility the original use of which commences with the taxpayer and-- ``(I) which is acquired by purchase (as defined in section 179(d)(2)) by the taxpayer after August 8, 2005, and before August 9, 2010, but only if no written binding contract for the acquisition was in effect before August 9, 2005, ``(II) which is acquired by the taxpayer pursuant to a written binding contract which was entered into after August 8, 2005, and before August 9, 2010, or ``(III) in the case of a taxpayer constructing property for the taxpayer's own use, the construction of which begins after August 8, 2005, and before August 9, 2010, in a State which is a two-two State on the date of such purchase under subclause (I), of such written binding contract under subclause (II), or the beginning of such construction under subclause (III). ``(iv) Two-two state.--For purposes of this subparagraph, the term `two-two State' means for any period any State (as determined by the Energy Information Administration) within which-- ``(I) is consumed more than 2 percent of the aggregate amount of gasoline consumed in all States during such period, and ``(II) is produced less than 2 percent of the aggregate amount of ethanol produced in all States during such period.''. (b) Eligible Small Ethanol Producer.--Section 40(g)(1) of the Internal Revenue Code of 1986 (defining eligible small ethanol producer) is amended by inserting ``(150,000,000 gallons in the case of such productive capacity in all two-two States (as defined in subsection (b)(4)(E)(iv))'' after ``60,000,000 gallons''. (c) Conforming Amendment.--Section 40(g)(2) of the Internal Revenue Code of 1986 is amended by striking ``For purposes of the 15,000,000 gallon limitation under subsection (b)(4)(C) and the 60,000,000 gallon limitation under paragraph (1)'' and inserting ``For purposes of each gallon limitation under subsection (b)(4) and paragraph (1)''. (d) Effective Date.--The amendments made by this section shall apply to ethanol produced in taxable years ending after the date of the enactment of this Act.

Ethanol Stimulus Act of 2006 - Amends the Internal Revenue Code to provide for an increased small ethanol producer tax credit for ethanol production in states which have a gasoline consumption rate of more than 2% of aggregate nationwide consumption and which produce less than 2% of the aggregate nationwide amount of ethanol (two-two states).

To amend the Internal Revenue Code of 1986 to provide a tax incentive to produce ethanol in high-consumption, low-production States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Crossing Deterrence Act of 2008''. SEC. 2. EXPANSION OF OPERATION STREAMLINE. (a) In General.--Not later than December 31, 2009, the Secretary of Homeland Security, in Cooperation with the Attorney General, shall expand Operation Streamline (the zero-tolerance prosecution policy for illegal entry and reentry) to all 20 border sectors. (b) Authorization of Appropriations.--There are authorized to be appropriated $500,000,000 for each of the fiscal years 2009 through 2018 to carry out this section. SEC. 3. MANDATORY MINIMUM SENTENCES FOR ILLEGAL ENTRY. Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Improper Time or Place; Criminal Penalties.--Any alien who is apprehended while entering, or attempting to enter, the United States at a time and place other than as designated by immigration offices-- ``(1) in the case of a first violation of subsection (a), shall be sentenced to a term of imprisonment of not less than 10 days and not more than 364 days; ``(2) in the case of a second violation of subsection (a), shall be sentenced to a term of imprisonment of not less than 60 days and not more than 2 years; and ``(3) in the case of a third or subsequent violation of subsection (a), shall be sentenced to a term of imprisonment of not less than 90 days and not more than 3 years.''. SEC. 4. MANDATORY MINIMUM SENTENCES FOR ILLEGAL REENTRY. Section 276 (8 U.S.C. 1326) is amended to read as follows: ``SEC. 276. REENTRY OF REMOVED ALIEN. ``(a) Reentry After Removal.--Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned not less than 90 days and not more than 2 years. ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty prescribed under subsection (a), an alien described in that subsection who was-- ``(1) convicted for 3 or more misdemeanors or a felony before such removal or departure, shall be fined under title 18, United States Code, and imprisoned for not less than 1 year and not more than 10 years; ``(2) convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 30 months, shall be fined under such title, and imprisoned for not less than 2 years and not more than 15 years; ``(3) convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 60 months, shall be fined under such title and imprisoned for not less than 4 years and not more than 20 years; ``(4) convicted for 2 or more felonies before such removal or departure, shall be fined under such title and imprisoned for not less than 4 years and for not more than 20 years; or ``(5) convicted, before such removal or departure, for murder, rape, kidnapping, for a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, shall be fined under such title and imprisoned for not less than 5 years and not more than 20 years. ``(c) Reentry After Repeated Removal.--Any alien who, after having been denied admission, excluded, deported, or removed 2 or more times, enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned for not less than 2 years and not more than 10 years. ``(d) Proof of Prior Convictions.--The prior convictions described in subsection (b) are elements of the crimes described in that subsection, and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- ``(1) alleged in the indictment or information; and ``(2) proven beyond a reasonable doubt at trial or admitted by the defendant. ``(e) Affirmative Defenses.--It shall be an affirmative defense to a violation of this section that-- ``(1) the alien had sought and received, before the alleged violation, the express consent of the Secretary of Homeland Security to reapply for admission into the United States; ``(2) with respect to an alien previously denied admission and removed, the alien-- ``(A) was not required to obtain such advance consent under the Immigration and Nationality Act or under any prior Act; and ``(B) had complied with all other laws and regulations governing the alien's admission into the United States; or ``(3) at the time of the prior exclusion, deportation, removal, or denial of admission alleged in the violation, the alien-- ``(A) was younger than 18 years of age; and ``(B) had not been convicted of a crime or adjudicated a delinquent minor by a court of the United States, or a court of a State or territory, for conduct that would constitute a felony if committed by an adult. ``(f) Limitation on Collateral Attack on Underlying Removal Order.--In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order concerning the alien unless the alien demonstrates by clear and convincing evidence that-- ``(1) the alien exhausted all administrative remedies that may have been available to seek relief against the order; ``(2) the removal proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and ``(3) the entry of the order was fundamentally unfair. ``(g) Reentry of Alien Removed Before Completing Term of Imprisonment.--Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States shall be-- ``(1) incarcerated for the remainder of the term of imprisonment, which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien's reentry; and ``(2) subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law. ``(h) Limitation.--An individual who provides an alien with emergency humanitarian assistance, including emergency medical care and food, or transports the alien to a location where such assistance can be rendered without compensation or the expectation of compensation may not be prosecuted for aiding and abetting a violation of this section based on the provision of such humanitarian services . ``(i) Definitions.--In this section: ``(1) Felony.--The term `felony' means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, of any State, or of a foreign government. ``(2) Misdemeanor.--The term `misdemeanor' means any criminal offense punishable by a maximum term of imprisonment of not more than 1 year under the applicable laws of the United States, of any State, or of a foreign government. ``(3) Removal.--The term `removal' includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal. ``(4) State.--The term `State' means any of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. SEC. 5. MANDATORY MINIMUM SENTENCES FOR DESTROYING BORDER BARRIERS OR INFRASTRUCTURE. Section 1361 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting the following: ``(a) In General.--Whoever''; and (2) by adding at the end the following: ``(b) Destruction of Border Barriers or Infrastructure.--Any alien who damages or destroys fencing or infrastructure, such as cameras, sensors, and vehicle barriers, that has been installed along the international border of the United States by the United States Government shall be fined under this title and imprisoned for not less than 5 years.''.

Border Crossing Deterrence Act of 2008 - Directs the Secretary of Homeland Security to expand Operation Streamline (the zero-tolerance prosecution policy for illegal entry and reentry) to all 20 border sectors. Authorizes appropriations. Amends the Immigration and Nationality Act to: (1) revise and increase criminal penalties, including establishing mandatory minimum penalties, for an alien's entry into the United States at an improper time or place; and (2) revise criminal penalty and related provisions, and establish mandatory minimum sentences, respecting the reentry of an alien who has been removed from the United States. Amends the federal criminal code to establish a mandatory minimum criminal penalty of five years for an alien's destruction of U.S. government-installed border barriers or infrastructure.

A bill to increase the criminal penalties for illegally reentering the United States and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Fairness and Reform Act of 2009''. SEC. 2. ELECTION TO RECEIVE STATE CONTRIBUTION TO HIGHWAY TRUST FUND IN LIEU OF PARTICIPATING IN FEDERAL-AID HIGHWAY PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following: ``150. Direct Federal-aid highway program ``(a) In General.--Beginning with fiscal year 2011, the Secretary shall carry out a direct Federal-aid highway program in accordance with the requirements of this section. Under the program, the Governor or chief executive officer of a State may elect, not less than 90 days before the beginning of the fiscal year, to have the State waive its right to receive amounts apportioned or allocated to it under the Federal-aid highway program for the fiscal year to which the election relates; and to receive instead the amount determined under subsection (d) for that fiscal year. The election shall be made in such form and manner as the Secretary may require and shall be irrevocable. ``(b) State Responsibility.-- ``(1) In general.--The Secretary shall accept an election under subsection (a) if the Secretary determines that the State-- ``(A) has an interstate maintenance program and agrees to maintain the interstate in accordance with that program; ``(B) submits a plan to the Secretary describing-- ``(i) the purposes, projects, and uses to which amounts received under the program will be put; and ``(ii) which programmatic requirements of this title the State elects to continue; ``(C) agrees to obligate or expend amounts received under the program exclusively for projects that would be eligible for funding under section 133(b) of this title if the State were not participating in the program; and ``(D) agrees to report annually to the Secretary on the use of amounts received under the program and to make the report available to the public in an easily accessible format. ``(2) Safety requirements.--The Secretary may determine that requirements important for transportation safety continue to apply to a State that makes an election under subsection (a). ``(3) Surface transportation program.--A State that makes an election under subsection (a) shall continue to suballocate funds to urbanized areas and other areas using the formulae and rules under section 133(d)(3) of this title. ``(4) No limitation on use of funds.--Except as provided in paragraphs (1), (2), and (3), the expenditure or obligation of funds received by the State under the program are not subject to regulation under this title or title 49. ``(c) Effect on Pre-existing Obligations.--The making of an election under subsection (a) shall not affect any obligation, responsibility, or commitment of the State under this title for any fiscal year with respect to-- ``(1) a project or program funded under this title (other than under this section); or ``(2) any project or program funded under this title in any fiscal year for which an election under subsection (a) is not in effect. ``(d) Transfers.-- ``(1) In general.--The amount to be transferred to a State under the program for a fiscal year shall be the portion of the taxes appropriated to the Highway Trust Fund under section 9503 of the Internal Revenue Code of 1986, other than for the Mass Transit Account, for a fiscal year for which an election is in effect under subsection (a) that is attributable to highway users in that State during that fiscal year, reduced by a pro rata share withheld by the Secretary to fund contract authority for programs of the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration. ``(2) General fund amounts.--For purposes of paragraph (1), any amounts deposited in or credited to the Highway Trust Fund from the general fund of the Treasury shall be treated as if they were taxes appropriated to the Fund. ``(3) Transfers.-- ``(A) In general.--Transfers under the program-- ``(i) shall be made at the same time as deposits to the Highway Trust Fund are made by the Secretary of the Treasury; ``(ii) shall be made on the basis of estimates by the Secretary, in consultation with the Secretary of the Treasury, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of, or less than, the amounts required to be transferred. ``(B) Limitation.--An adjustment under subparagraph (A)(ii) to any transfer may not exceed 5 percent of the transferred amount to which the adjustment relates. If the adjustment required under subparagraph (A)(ii) exceeds that percentage, the excess shall be taken into account in making subsequent adjustments under subparagraph (A)(ii). ``(e) Application with Other Authority.--The Secretary shall rescind or cancel any contract authority under this chapter (and any obligation limitation) for a State for a fiscal year for which an election by that State is in effect under subsection (a).''. (b) Clerical Amendment.--The chapter analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following: ``150. Direct Federal-aid highway program.''.

Highway Fairness and Reform Act of 2009 - Directs the Secretary of Transportation, beginning with FY2011, to carry out a direct federal-aid highway program to permit a state governor or chief executive officer, at least 90 days before the beginning of a fiscal year, to elect to: (1) waive the state's right to receive apportioned or allocated funds under the federal-aid highway program; and (2) receive instead a prorated amount of the taxes appropriated to the Highway Trust Fund (other than from the Mass Transit Account) which are attributable to highway users in the state. Requires a pro rata reduction of such tax-equivalent amount in order to fund contract authority for programs of the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA). Requires the Secretary to accept a state's election if: (1) the state has an interstate maintenance program; (2) it submits a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue; (3) the state agrees to obligate program amounts exclusively for projects that would be eligible for surface transportation program funding; and (4) it continues to suballocate surface transportation program funds to urbanized and other areas using certain formulae and rules.

A bill to permit a State to elect to receive the State's contributions to the Highway Trust Fund in lieu of its Federal-aid Highway program apportionment for the next fiscal year, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Language Immersion Student Achievement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act (Public Law 101-477). (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) includes policy barriers to schools taught through Native American languages and a lack of adequate funding to support such opportunities. (4) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. SEC. 3. NATIVE AMERICAN LANGUAGE SCHOOLS. Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``PART D--NATIVE AMERICAN LANGUAGE SCHOOLS ``SEC. 7401. NATIVE AMERICAN LANGUAGE SCHOOLS. ``(a) Purposes.--The purposes of this section are-- ``(1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the school that will improve high school graduation rates, college attainment, and career readiness; and ``(2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act (Public Law 101-477). ``(b) Program Authorized.-- ``(1) In general.--From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education, using Native American languages as the primary language of instruction of all curriculum taught at the schools. ``(2) Eligible entities.--In this section, the term `eligible entity' means a school or a private or tribal, nonprofit organization that has a plan to develop and maintain, or to improve and expand, programs that support schools using Native American languages as the primary language of instruction of all curriculum taught at the schools. ``(c) Application.-- ``(1) In general.--An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: ``(A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. ``(B) The number of students attending such school. ``(C) The number of present hours of Native American language instruction being provided to students at such school, if any. ``(D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. ``(E) A statement that such school-- ``(i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and ``(ii) provides assessments of student using the Native American language of instruction, where appropriate. ``(F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. ``(2) Additional application materials.--In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: ``(A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. ``(B) A statement that such school will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. ``(C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. ``(d) Awarding of Grants.--In awarding grants under this section, the Secretary shall-- ``(1) determine the amount and length of each grant; ``(2) ensure, to the maximum extent feasible, that diversity in languages is represented; and ``(3) require the eligible entities to present a Native language education plan to improve high school graduation rates, college attainment, and career readiness. ``(e) Activities Authorized.--An eligible entity that receives a grant under this section shall carry out the following activities: ``(1) Support Native American language education and development. ``(2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. ``(3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. ``(4) Other activities that promote Native American language education and development, as appropriate. ``(f) Report to Secretary.--Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. ``(g) Authorization of Appropriation.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Native Language Immersion Student Achievement Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to schools and private or tribal nonprofit organizations to develop and maintain, or improve and expand, programs that support the use by schools, from the prekindergarten through postsecondary level, of Native American languages as their primary language of instruction. Requires grant applicants to present the Secretary with specified assurances and demonstrations that the schools they will support have the capacity to provide education primarily through a Native American language. Requires grantees to: support Native American language education and development; develop or refine instructional curricula for the schools they support, including distinctive teaching materials and activities; fund training opportunities for school staff that strengthen the overall language and academic goals of their schools; and engage in other activities that promote Native American language education and development.

Native Language Immersion Student Achievement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Honest Fishermen Act of 2015''. SEC. 2. SEAFOOD SAFETY. (a) Coordination.-- (1) National sea grant college program.--The Administrator of the National Oceanic and Atmospheric Administration shall ensure that the Administration's seafood inspection activities are coordinated with the national sea grant college program to provide outreach to the States, local health agencies, consumers, and the seafood industry on seafood safety. (2) Inspecting to prevent seafood fraud.--The Secretary of Commerce and the Secretary of Health and Human Services shall, to the maximum extent practicable, ensure that inspections and tests for seafood safety also collect information for seafood fraud detection and prevention. (b) List of Offenders.--The Secretary of Health and Human Services, in consultation with the Secretary of Commerce, shall develop, maintain, and post on the public website of the Department of Health and Human Services a list that-- (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) for each such exporter, tracks the timing, type, and frequency of violations of Federal law relating to seafood safety. (c) Impact on Existing Food Safety Authority.--Nothing in this section limits the authority of the Secretary of Health and Human Services to execute or enforce food safety laws, including the FDA Food Safety Modernization Act (Public Law 111-353). SEC. 3. SEAFOOD IDENTIFICATION. (a) Seafood Traceability Requirements.-- (1) In general.--Beginning not later than the end of calendar year 2017, the Secretary of Commerce, in consultation with the Secretaries of Health and Human Services and Homeland Security, shall implement the following requirements with respect to seafood imported into the United States or otherwise distributed or offered for sale in interstate commerce: (A) In addition to disclosure of the United Nations Food and Agriculture Organization Major Fishing Area, or a more specific location, in which the fish was caught, and of the information required to be submitted to the Secretary of Commerce under section 303(a)(5) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(5)), at a minimum the following information shall be displayed on the packaging of, or otherwise accompany, seafood through processing, distribution, and final sale: (i) The acceptable market name (as determined by the Food and Drug Administration) and scientific name for the seafood species. (ii) Whether the seafood was harvested wild or was farm-raised. (iii) The method of harvest of the seafood including gear type as listed in section 600.725 of title 50, Code of Federal Regulations and defined in section 600.10 of such title. (iv) The date of the catch. (v) The weight or number, as appropriate, of product for an individual fish or lot. (B) If seafood has been previously frozen, treated with any substance (other than ice or water) that may affect the true weight of the seafood, or processed in a country other than that in which it was landed or harvested, by any harvester, processor, distributor, or retailer, such information shall be included in the labeling of, or otherwise accompany, the seafood through processing, distribution, and final sale. (C) If the seafood was farm-raised, that information, along with information regarding the country of cultivation, the location of the aquaculture production area, and the method of cultivation, shall be included in the labeling of, or otherwise accompany, the seafood through processing, distribution, and final sale. (D) No importer, processor, distributor, or retailer may be found to be in violation of the requirements under this subsection for unknowingly selling a product that was already mislabeled upon receipt, provided that the importer, processor, distributor, or retailer can provide the required product traceability documentation. (2) Alternative means of disclosure for certain categories of information.-- (A) In general.--Notwithstanding paragraph (1), instead of including any category of information described in subparagraph (B) in the packaging or labeling of seafood, an importer, processor, distributor, or retailer (including a restaurant) may, with respect to such category, choose to satisfy the requirements of this paragraph by making the information available upon request to any Federal, State, or local official authorized to conduct inspections of-- (i) seafood; or (ii) any facility that processes or sells seafood. (B) Categories.--The categories of information described in this subparagraph are-- (i) the information required to be submitted to the Secretary of Commerce under section 303(a)(5) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(5)); (ii) if the seafood was farm-raised, the location of the aquaculture production area, and the method of cultivation; (iii) the date of the catch; and (iv) the weight or number, as appropriate, of product for an individual fish or lot. (3) Domestic fishermen.--Disclosure of data pursuant to section 303(a)(5) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(5)) by a person engaging in fishing on a vessel of the United States in the exclusive economic zone (as those terms are used in that Act) is deemed to be in compliance by such person with the requirements implemented under paragraph (1) of this subsection. (b) Refusal of Admission.-- (1) In general.--Subject to paragraphs (3) and (4), all seafood imported or offered for import originating from an exporter shall be refused admission if-- (A) the Secretary of Commerce finds that any shipment of such seafood appears to be in violation of subsection (a); or (B) the Secretary of Health and Human Services finds that any shipment of such seafood appears to be in violation of this Act or other applicable Federal laws or regulations. (2) Import certification.--For any exporter whose seafood products are refused admission under paragraph (1) based on a prior shipment, the Secretary of Health and Human Services shall determine whether to require, as a condition of granting admission into the United States to an article of seafood originating from such exporter, that such seafood be accompanied by a certification or other assurance under section 801(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(q)). (3) Allowance of individual shipments.--Paragraph (1) does not apply with respect to an individual shipment of seafood originating from an exporter whose products must otherwise be refused admission under such paragraph if the exporter presents evidence to the Secretary of Health and Human Services or the Secretary of Commerce from a laboratory accredited under section 422 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350k), or other equivalent evidence, documenting that the shipment is in compliance with the provisions of subsection (a) and other applicable Federal laws or regulations prohibiting seafood fraud. (4) Termination of individual shipment screening requirement.--Paragraph (1) shall cease to prohibit the admission of seafood originating from an exporter based on a prior shipment if the Secretary of Health and Human Services or the Secretary of Commerce determines that-- (A) each prior shipment whose appearance triggered the application of such paragraph was in fact in compliance with the provisions of subsection (a) and other applicable Federal laws or regulations, including those prohibiting seafood fraud; or (B) during the preceding 12 months, no shipment of seafood originating from the exporter has triggered the application of paragraph (1). (c) Penalties.--The Secretary of Commerce shall prevent any person from violating this Act, or any Act to which this section applies, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of and applicable to this Act. (d) List of Offenders.--The Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall develop, maintain, and post on the public website of the Department of Commerce a list that-- (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) for each such exporter, tracks the timing, type, and frequency of violations of Federal law relating to seafood fraud. (e) Inspections.--The Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall-- (1) increase, as resources allow, the number of foreign and domestic seafood shipments that are inspected for seafood fraud by National Oceanic and Atmospheric Administration inspectors and authorized officers, including verification of compliance with the traceability requirements of subsection (a); (2) ensure that the percentage of seafood shipments inspected during a given year is not lower than the percentage inspected during the previous year; and (3) to the maximum extent practicable, ensure that inspections and tests for seafood fraud prevention also collect information to support the Secretary of Health and Human Services in implementing the seafood safety requirements of the FDA Food Safety Modernization Act (Public Law 111-353). (f) Impact on Existing Food Safety Authority.--Nothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services to execute or enforce food safety laws or regulations that may be adopted pursuant to the FDA Food Safety Modernization Act (Public Law 111-353). SEC. 4. AUTHORITY OF STATES. Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of seafood fraud in violation of subsection (a) or (b) of section 3, the State may bring a civil action on behalf of its residents to enjoin fraud, an action to recover for actual monetary loss or receive $10,000 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated this Act, 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. Nothing in this section shall preclude an individual from bringing a civil action. SEC. 5. PREEMPTION. Nothing in this Act preempts the authority of a State to establish and enforce requirements for improving seafood safety and preventing seafood fraud that are consistent with the requirements of this Act. SEC. 6. DEFINITIONS. In this Act: (1) The term ``other applicable Federal laws and regulations'' means Federal statutes, regulations, and international agreements (other than this Act) pertaining to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood, including the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the FDA Food Safety Modernization Act (Public Law 111-353), the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.), subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638 et seq.), parts 60 and 65 of title 7, Code of Federal Regulations (or any successor regulations), and part 123 of title 21, Code of Federal Regulations (or any successor regulations). (2) The term ``seafood'' means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. (3) The term ``seafood fraud'' means the mislabeling or misrepresentation of the information required under this Act or other applicable Federal laws and regulations.

Protecting Honest Fishermen Act of 2015 This bill requires the National Oceanic and Atmospheric Administration (NOAA) to ensure that its seafood inspection activities are coordinated with the national sea grant college program to provide outreach on seafood safety to states, local health agencies, consumers, and the seafood industry. The Department of Commerce and the Department of Health and Human Services (HHS) must ensure that seafood inspections and tests collect information for seafood fraud detection and prevention. "Seafood fraud" is defined as the mislabeling or misrepresentation of seafood information. Seafood imported into the United States or distributed or offered for sale in interstate commerce must display (on its packaging or otherwise accompanying the seafood) through processing, distribution, and final sale: (1) the market and scientific species names, (2) whether the seafood was harvested wild or was farm-raised, (3) the harvest method and date of the catch, and (4) the weight or number of product for an individual fish or lot. Additional information is required for seafood that was: (1) previously frozen, treated with substances affecting weight, or processed in a country other than that in which it was landed or harvested; or (2) farm-raised. The bill exempts importers, processors, distributors, or retailers from violations for unknowingly selling a product that was already mislabeled upon receipt, provided that such entities can produce the appropriate product traceability documentation. As an alternative to the disclosure requirements for certain categories of information, an importer, processor, distributor, or retailer (including a restaurant) may make the information available upon request to federal, state, or local officials authorized to conduct inspections of: (1) seafood, or (2) any facility that processes or sells seafood. Persons engaging in fishing on a U.S. vessel in the exclusive economic zone under the Magnuson-Stevens Fishery Conservation and Management Act are deemed to be in compliance with traceability requirements if they disclose data required for a fishery management plan. Seafood imports from an exporter shall be refused admission if any shipment of such seafood appears to be in violation of such seafood traceability requirements or other applicable federal laws or regulations. An exception is provided for individual shipments if the exporter presents evidence of compliance from an accredited laboratory. HHS and Commerce must post on their public websites a list that: (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) tracks, for each exporter, the timing, type, and frequency of violations. Commerce is required to: (1) increase the number of shipments inspected for seafood fraud by NOAA inspectors and authorized officers, (2) prevent the percentage of seafood shipments inspected from declining in a subsequent year, and (3) ensure that inspections for fraud prevention also collect seafood safety information. The bill also authorizes states to bring civil actions for seafood fraud violations.

Protecting Honest Fishermen Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Products Traceability and Safety Act of 2003''. SEC. 2. TRACEABILITY OF LIVESTOCK AND POULTRY. (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. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Cattle, sheep, swine, goats, and horses, mules, and other equines presented for slaughter for human food purposes, and the carcasses or parts of carcasses and the meat and meat food products of those animals, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each carcass or part of a carcass and meat and meat food product of such animals forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--The Secretary shall establish a traceability system for all stages of production, processing, and distribution of meat and meat food products that are produced through the slaughter of animals described in paragraph (1). ``(c) 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, or horses, mules, or other equines not identified as prescribed by the Secretary under subsection (b). ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify livestock pursuant to subsection (b) 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. ``(e) 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. ``(f) 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.''. (b) Poultry.--The Poultry Products Inspection Act is amended by inserting after section 23 (21 U.S.C. 467e) the following: ``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS. ``(a) Definition of Traceability.--In this section, the term `traceability' means the ability to retrieve the history, use, and location of an article through a recordkeeping and audit system or registered identification. ``(b) Requirements.-- ``(1) In general.--Poultry presented for slaughter for human food purposes and poultry products shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace-- ``(A) each animal to any premises or other location at which the animal was held at any time before slaughter; and ``(B) each poultry product forward from slaughter through processing and distribution to the ultimate consumer. ``(2) Traceability system.--The Secretary shall establish a traceability system for all stages of production, processing, and distribution of poultry and poultry food products that are produced through the slaughter of animals described in paragraph (1). ``(c) 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. ``(d) Records.-- ``(1) In general.--The Secretary may require that each person, firm, and corporation required to identify poultry pursuant to subsection (b) 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. ``(e) 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. ``(f) 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.''.

Meat and Poultry Products Traceability and Safety Act of 2003 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct that cattle, sheep, swine, goats, horses, mules and other equines, and poultry presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce be identified in a manner that enables the Secretary of Agriculture to trace: (1) each animal to any location at which the animal was held at any time before slaughter; and (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer. Authorizes the Secretary to prohibit or restrict entry to a slaughtering establishment of an animal not so identified. Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products and poultry and poultry food products.

To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to improve the safety of meat and poultry products by enhancing the ability of the Secretary of Agriculture to retrieve the history, use, and location of a meat or poultry product through a recordkeeping and audit system or registered identification, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Regulatory Relief Act''. SEC. 2. AUTHORITY TO WAIVE PUBLIC HOUSING PROGRAM REQUIREMENTS. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 27. WAIVER OF PUBLIC HOUSING PROGRAM REQUIREMENTS. ``(a) Authority.--Upon the written request of a public housing agency or resident management corporation, the Secretary may authorize the agency or corporation to establish policies for the operation, maintenance, management, and development (including modernization) of one or more public housing projects and, in connection with granting such authority and except as provided in subsection (b), may waive or modify (with respect to the project or projects)-- ``(1) the requirements of this Act applicable to public housing; and ``(2) any requirements applicable to the project or projects under other provisions of law that the Secretary determines are not consistent with the policies proposed for the project or projects. ``(b) Limitation.--The Secretary may not waive or modify-- ``(1) any provision of this Act or any other provision of law that limits occupancy of public housing dwelling units to low-income families; ``(2) under section 18 of this Act that requires replacement of dwelling units in the case of demolition or disposition of public housing (except that the limitation on the use of tenant-based assistance to applications proposing demolition or disposition of 200 or more units may be waived); ``(3) any provision of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; ``(4) any provision of law that relates to equal opportunity, nondiscrimination, or the environment; or ``(5) any provision of this Act or any other provision of law that relates to labor standards. ``(c) Request for Waiver.--A request under subsection (a) shall-- ``(1) specify the provision or provisions of law to be waived or modified and the waivers or modifications proposed; ``(2) identify the public housing projects for which the waivers or modifications are requested; ``(3) describe the policies to be effective for the projects for which the waivers or modifications are requested; and ``(4) describe the costs to the public housing agency or resident management corporation, and to the Federal Government, of the waivers or modifications requested and the change of policies proposed. ``(d) Minimum Criteria for Approval.--The Secretary may approve a request under subsection (a) only if the Secretary determines that the request-- ``(1) would not, over the term of such authority, result in the Federal Government incurring more costs than the Government would otherwise incur if the request were not approved; ``(2) is consistent with the overall purposes of the public housing program; ``(3) is consistent with the Fair Housing Act, title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the National Environmental Policy Act of 1969; and ``(4) such other requirements as the Secretary may establish to carry out the purposes of this section. ``(e) Timing.--Any authority granted to a public housing agency pursuant to subsection (a), including any waiver or modification pursuant to this section of any requirement, shall be effective only for the period established by the Secretary in granting the waiver or modification, which may not exceed 4 years. Upon such expiration and pursuant to a written request, the Secretary may renew such authority for a public housing agency or resident management corporation, subject to the requirements of this section. ``(f) Applicability of State and Local Laws.--The provisions of any applicable State and local laws shall apply to any public housing agency, resident management corporation, and public housing project with respect to which authority is granted under subsection (a). ``(g) Reports.--The Secretary shall require each public housing agency and resident management corporation for which a request under subsection (a) is approved to submit a report to the Secretary annually for each year during the term for which the authority granted under subsection (a) is effective. The report shall describe the activities, operations, and policies of the agency or corporation during the year for which the report is submitted. ``(h) Definition.--For purposes of this section, the term `resident management corporation' means a resident management corporation established in accordance with the requirements of the Secretary under section 20.''. SEC. 3. PHA RETENTION OF SAVINGS REALIZED THROUGH EFFICIENT MANAGEMENT. Section 6(e) of the United States Housing Act of 1937 (42 U.S.C. 1437d(e)) is amended to read as follows: ``(e) Treatment of Savings.--Each contract for contributions shall provide that whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges) and the Secretary determines that such excess resulted from increased efficiency in the operation of the agency-- ``(1) an amount equal to one-half of such excess shall be applied, or set aside for application, to purposes which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions; and ``(2) an amount equal to one-half of such excess shall be applied to operating reserve established for the project and shall not be considered in subsequent years in calculating the operating subsidies provided under section 9 to the public housing agency, except to the extent proposed by the agency in its operating budget.''. SEC. 4. AVAILABILITY OF PUBLIC HOUSING MODERNIZATION FUNDS DURING TERM OF PLAN. Section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) is amended-- (1) in subsection (d)(3)(A), by striking ``within each 12- month period covered by such plan''; (2) in subsection (e)(1)(D), by striking ``at least a schedule'' and inserting ``a listing''; (3) in subsection (e)(3)(B), by adding at the end the following new sentence: ``This section may not be construed to require a public housing agency to amend its comprehensive plan under paragraph (1) to be able to (A) use assistance amounts for purposes consistent with the plan but not according to the schedule of actions to be taken under the plan, or (B) use assistance amounts provided to an agency for a fiscal year in another fiscal year covered by the plan for purposes consistent with the plan, notwithstanding the annual statement of activities by the agency under subparagraph (A).''; (4) in subsection (f)(1)(A), by striking ``specified for such year in'' and inserting ``anticipated to be conducted during such year under''; (5) in subsection (g), by striking ``to meet the objectives for the preceding year'' and inserting ``during the preceding year to meet the objectives''; and (6) in subsection (o), by striking ``for the purposes'' and all that follows through ``appropriate'' and inserting the following: ``in any year covered by the plan for the agency under subsection (d)(4) or (e)(1)(D), as appropriate, that was approved by the Secretary and for any purpose specified under or consistent with such plan, notwithstanding the schedule included in such plan pursuant to subsection (d)(3)(A) or (e)(1)(D), as appropriate''. SEC. 5. RECAPTURE OF PUBLIC HOUSING MODERNIZATION FUNDS. Section 14(g) of the United States Housing Act of 1937 (42 U.S.C. 1437(l)(g)) is amended-- (1) by inserting ``(1)'' after ``(g)''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary may establish a system for recapturing and redistributing amounts provided to public housing agencies under this subsection, which shall-- ``(A) provide for the recapture of such amounts only from an agency that, in the determination of the Secretary pursuant to a review under subsection (e)(4)(B) or an audit under subsection (e)(4)(C), has not made reasonable progress in carrying out modernization projects approved by the Secretary under the comprehensive plan for the agency under subsection (d)(4) or (e); ``(B) provide for the redistribution of such recaptured amounts for use by other public housing agencies that, in the determination of the Secretary, need such amounts to carry out the comprehensive plans for such agencies and are capable of using such amounts in a timely manner; ``(C) provide for redistribution to the agencies referred to in subparagraph (B) based on an allocation system that takes into consideration the formula established pursuant to subsection (k)(2)(A); and ``(D) establish an annual schedule for redistribution of amounts recaptured.''. SEC. 6. AUTHORITY FOR PHA'S TO BORROW AGAINST FUTURE PUBLIC HOUSING MODERNIZATION FUNDS. Section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) is amended by adding at the end the following new subsection: ``(q) Authority to Borrow Against Future Assistance.-- ``(1) In general.--A public housing agency may, with the approval of the Secretary, enter into an agreement to pay any assistance for which the agency may become eligible under this section to ensure the repayment of notes or other obligations issued by the agency for the purpose of financing development, rehabilitation, or modernization of public housing. ``(2) Terms.--Notes or other obligations for which assistance under this section is pledged shall be in such form and denominations, have such maturities not exceeding 30 years, and be subject to such other conditions as the Secretary may prescribe. The Secretary may not deny a guarantee under this subsection on the basis of the proposed repayment period for the obligation, unless the period exceeds 30 years or the Secretary determines that the period causes the obligation to constitute an unacceptable financial risk. ``(3) Limitation on amount of outstanding obligations.-- Assistance under this section may not be pledged for the repayment of any obligation if the total outstanding principal of all obligations for which such assistance is pledged would thereby exceed an amount equal to 5 times the amount of assistance provided under this section during the most recently completed fiscal year to the agency issuing the obligation. ``(4) Repayment.--Notwithstanding any other provision of this section, assistance provided to an agency under this section may be used in the payment of principal and interest due (including such servicing, underwriting, and other costs as the Secretary may prescribe) on the notes or other obligations issued by the public housing agency pursuant to this subsection.''. SEC. 7. STUDY OF ACQUISITION AND LABOR REQUIREMENTS FOR PUBLIC HOUSING AGENCIES. (a) Study.--The Secretary of Housing and Urban Development shall conduct a study to determine the efficiency of the procedures and requirements applicable to procurement by public housing agencies of materials, supplies, systems, appliances, labor, and services used in maintaining, operating, and modernizing public housing projects. Under the study, the Secretary shall-- (1) compare the existing procurement system for public housing agencies to-- (A) a system of procurement under which public housing agencies procure materials, supplies, systems, appliances, labor, and services for use in maintaining, operating, and modernizing public housing projects without being subject to any requirements established by the Secretary or any other Federal laws or regulations regarding procurement; and (B) a system of procurement that operates in the manner described under subparagraph (A), except that under such system the Secretary would annually review the procurement policies and actions of each public housing agency for the preceding year and would have the authority to establish limitations on procurement policies and activities determined by the Secretary to have instituted inappropriate procurement policies or engaged in inappropriate procurement activities; (2) determine the advantages and disadvantages of procurement pursuant to the existing procurement system for public housing agencies and the systems referred to in subparagraphs (A) and (B) of paragraph (1); and (3) determine the effect of the requirements under section 12 of the United States Housing Act of 1937 (relating to labor standards) on the affordability of dwelling units in public housing. (b) Report.--The Secretary of Housing and Urban Development shall submit a report to the Congress describing the study, the findings of the study, and any recommendations resulting from the study, not later than the expiration of the 2-year period beginning on the date of the enactment of this Act.

Public Housing Regulatory Relief Act - Amends the United States Housing Act of 1937 to authorize the waiver (with specified exceptions) of public housing requirements. Permits a public housing agency (PHA) to retain savings realized through efficient management. Authorizes the recapture of public housing modernization funds. Authorizes PHAs to borrow against future modernization funds. Directs the Secretary of Housing and Urban Development to study PHA labor and acquisition requirements.

Public Housing Regulatory Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gerardo Hernandez Airport Security Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security. (2) Administration.--The term ``Administration'' means the Transportation Security Administration. SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS. (a) In General.--The Assistant Secretary shall, in consultation with the Administrator of the Federal Emergency Management Agency, conduct outreach to all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures, and provide technical assistance as necessary, to verify such airports have in place individualized working plans for responding to security incidents inside the perimeter of the airport, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. (b) Types of Plans.--Such plans may include, but may not be limited to, the following: (1) A strategy for evacuating and providing care to persons inside the perimeter of the airport, with consideration given to the needs of persons with disabilities. (2) A plan for establishing a unified command, including identification of staging areas for non-airport-specific law enforcement and fire response. (3) A schedule for regular testing of communications equipment used to receive emergency calls. (4) An evaluation of how emergency calls placed by persons inside the perimeter of the airport will reach airport police in an expeditious manner. (5) A practiced method and plan to communicate with travelers and all other persons inside the perimeter of the airport. (6) To the extent practicable, a projected maximum timeframe for law enforcement response. (7) A schedule of joint exercises and training to be conducted by the airport, the Administration, other stakeholders such as airport and airline tenants, and any relevant law enforcement, airport police, fire, and medical personnel. (8) A schedule for producing after-action joint exercise reports to identify and determine how to improve security incident response capabilities. (c) Report to Congress.--Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings from its outreach to airports under subsection (a), including an analysis of the level of preparedness such airports have to respond to security incidents, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES. The Assistant Secretary shall-- (1) identify best practices that exist across airports for security incident planning, management, and training; and (2) establish a mechanism through which to share such best practices with other airport operators nationwide. SEC. 5. CERTIFICATION. Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Assistant Secretary shall certify in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that all screening personnel have participated in practical training exercises for active shooter scenarios. SEC. 6. REIMBURSABLE AGREEMENTS. Not later than 90 days after the enactment of this Act, the Assistant Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of how the Administration can use cost savings achieved through efficiencies to increase over the next 5 fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise available for such purpose. SEC. 8. INTEROPERABILITY REVIEW. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary shall, in consultation with the Assistant Secretary of the Office of Cybersecurity and Communications, conduct a review of the interoperable communications capabilities of the law enforcement, fire, and medical personnel responsible for responding to a security incident, including active shooter events, acts of terrorism, and incidents that target passenger-screening checkpoints, at all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures. (b) Report.--Not later than 30 days after the completion of the review, the Assistant Secretary shall report the findings of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Passed the House of Representatives July 22, 2014. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on July 3, 2014. Gerardo Hernandez Airport Security Act of 2014 - (Sec. 3) Directs the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security (DHS) to: (1) conduct outreach to all U.S. airports at which the Transportation Security Administration (TSA) performs, or oversees the implementation and performance of, security measures; and (2) give necessary technical assistance to verify that such airports have in place individualized working plans for responding to security incidents inside the airport perimeter, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. Requires the Assistant Secretary to report to Congress on the outreach findings, including an analysis of the level of preparedness such airports have to respond to such incidents. (Sec. 4) Requires the Assistant Secretary to: (1) identify best practices that exist across airports for security incident planning, management, and training; and (2) establish a mechanism through which to share those best practices with other airport operators nationwide. (Sec. 5) Requires the Assistant Secretary also to: (1) certify annually to specified congressional committees that all screening personnel have participated in practical training exercises for active shooter scenarios, and (2) analyze for those same committees how TSA can use cost savings achieved through efficiencies to increase over the next five fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. (Sec. 7) Declares that no additional appropriations are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available. (Sec. 8) Requires the Assistant Secretary to review the interoperable communications capabilities of law enforcement, fire, and medical personnel responsible for responding to security incidents at all U.S. airports at which the TSA performs, or oversees the implementation and performance of, security measures.

Gerardo Hernandez Airport Security Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Mountain Nation Park Wilderness Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. The Congress finds that-- (1) it is in the national interest to include certain lands in Rocky Mountain National Park within the National Wilderness Preservation System so as to protect those lands' enduring scenic and historic wilderness character and unique wildlife and to preserve the lands' scientific, educational, recreational, and inspirational resources and challenges; (2) to fulfill the purposes of the wilderness designation of those lands, as expressed in this Act and the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), it is necessary for the United States to have rights to water within Rocky Mountain National Park; and (3) the existing rights of the United States to water within Rocky Mountain Park for national park purposes, which are being adjudicated in the courts of the State of Colorado, may be sufficient to fulfill the purposes of the wilderness designation of those lands. SEC. 3. WILDERNESS DESIGNATION AND MAPS. (a) Designation.--(1) In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands in Rocky Mountain National Park, Colorado, which comprise approximately 240,700 acres, as generally depicted on a man entitled ``Rocky Mountain National Park Wilderness--Proposed'' and dated April 1996, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System, and, together with the lands referred to in paragraph (2), shall be known as the Rocky Mountain National Park Wilderness. (2) Those lands within the Indian Peaks Wilderness (as designated by Public Law 94-450 (92 Stat. 1099)) that were transferred to Rocky Mountain National Park by section 111(a) of Public Law 96-580 (94 Stat. 3272), which comprise approximately 2,917 acres, shall be included in, and administered as part of, the Rocky Mountain National Park Wilderness designated by paragraph (1). (b) Map and Description.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and a boundary description of the area designated as wilderness by this section with the Committee on Natural Resources of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. That map and description shall have the same force and effect and if included in this Act, except that the Secretary is authorized to correct clerical and typographical errors in such map and description. That map and boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) In General.--Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of the Interior in accordance with the Wilderness Act and this Act, except that, with respect to the wilderness area designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (b) Reserved Water Rights.--(1) Within the area designated as wilderness by section 3(a)(1), there is hereby reserved a quantity of water sufficient to fulfill the purposes of that wilderness designation. (2) The priority date of the water rights reserved in paragraph (1) shall be the date of enactment of this Act. (3) The Secretary of the Interior and other appropriate officers of the United States shall take all steps necessary to protect the rights reserved by paragraph (1), including the filing by the Secretary of a claim for the quantification of such right in any present or future appropriate stream adjudication in the courts of the State of Colorado in which the United States has been or is hereafter properly joined in accordance with section 208 of the Act of July 10, 1952 (43 U.S.C. 666), commonly referred to as the ``McCarran Amendment''. (4) The water rights reserved by paragraph (1) shall be in addition to any water rights which may have been previously reserved or appropriated by the United States in the State of Colorado before the date of enactment of this Act. (5) In the case of any lands designated as wilderness by section 3(a)(1) for which the United States has reserved rights for national park purposes to all the water within those lands that was unappropriated at the time those lands were included in Rocky Mountain National Park, those existing rights shall be deemed sufficient to fulfill the purposes of the wilderness designation of those lands made by section 3(a)(1). (c) Colorado-Big Thompson Project.--This Act shall not be construed to prevent or impede activities under the surface of lands designated as wilderness by this Act to operate, maintain, repair, or replace the Alva B. Adams Tunnel of the Colorado-Big Thompson Project. (2) Section 1 of the Act of January 26, 1915 (16 U.S.C. 191; 38 Stat. 798), is amended by striking the last sentence

Rocky Mountain National Park Wilderness Act of 1997 - Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System which, together with specified lands within the Indian Peaks Wilderness, shall be known as the Rocky Mountain National Park Wilderness. Reserves water rights in such area sufficient for purposes of the wilderness designation. Provides that this Act shall not be construed to prevent or impede activities under the surface of lands designated as wilderness by this Act to operate, maintain, repair, or replace the Alva B. Adams Tunnel of the Colorado-Big Thompson Project. Repeals provisions authorizing the Bureau of Reclamation to enter and utilize for flowage or other purposes areas within the Park which may be necessary for the development and maintenance of a Government reclamation project.

Rocky Mountain National Park Wilderness Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Improvement Act of 2009''. SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. (a) In General.--Section 1848(e)(5) of the Social Security Act (42 U.S.C. 1395w-4(e)) is amended by adding at the end the following new paragraph: ``(6) Value index.-- ``(A) In general.--The Secretary shall determine a value index for each hospital referral area (as defined by the Secretary). The value index shall be the ratio of the quality component under subparagraph (B) to the cost component under subparagraph (C) for that hospital referral area. ``(B) Quality component.-- ``(i) In general.--The quality component shall be based on a composite score that reflects quality measures available on a State or hospital referral area (as so defined) basis. The measures shall reflect health outcomes and health status for the Medicare population, patient safety, and patient satisfaction. The Secretary shall use the best data available, after consultation with the Agency for Healthcare Research and Quality and with private entities that compile quality data. ``(ii) Advisory group.-- ``(I) In general.--Not later than 60 days after the date of enactment of the Medicare Payment Improvement Act of 2009, the Secretary shall establish a group of experts and stakeholders to make consensus recommendations to the Secretary regarding development of the quality component. The membership of the advisory group shall at least reflect providers, purchasers, health plans, researchers, relevant Federal agencies, and individuals with technical expertise on health care quality. ``(II) Duties.--In the development of recommendations with respect to the quality component, the group established under subclause (I) shall consider at least the following areas: ``(aa) High variation and high cost per capita utilization of resources, including rates of hospitalizations, number of visits and subspecialty referrals, and number of procedures (as determined by data under this title). ``(bb) Health outcomes and functional status of patients. ``(cc) The continuity, management, and coordination of health care and care transitions, including episodes of care, for patients across the continuum of providers, health care settings, and health plans. ``(dd) Patient, caregiver, and authorized representative experience, quality and relevance of information provided to patients, caregivers, and authorized representatives, and use of information by patients, caregivers, and authorized representatives to inform decision making. ``(ee) The safety, effectiveness, and timeliness of care. ``(ff) The appropriate use of health care resources and services. ``(gg) Other items determined appropriate by the Secretary. ``(iii) Requirement.--In establishing the quality component under this subparagraph, the Secretary shall-- ``(I) take into account the recommendations of the group established under clause (ii)(I); and ``(II) provide for an open and transparent process for the activities conducted pursuant to the convening of such group with respect to the development of the quality component. ``(iv) Establishment.--The quality component for each hospital referral area (as so defined) shall be the ratio of the quality score for such area to the national average quality score. ``(v) Quality baseline.--If the quality component for a hospital referral area (as so defined) does not rank in the top 25th percentile as compared to the national average (as determined by the Secretary) and the amount of reimbursement for services under this section is greater than the amount of reimbursement for such services that would have applied under this section if the amendments made by section 2 of the Medicare Payment Improvement Act of 2009 had not been enacted, this section shall be applied as if such amendments had not been enacted. ``(vi) Application.--In the case of a hospital referral area (as so defined) that is less than an entire State, if available quality data is not sufficient to measure quality at the sub-State level, the quality component for a sub-State hospital referral area shall be the quality component for the entire State. ``(C) Cost component.-- ``(i) In general.--The cost component shall be total annual per beneficiary Medicare expenditures under part A and this part for the hospital referral area (as so defined). The Secretary may use total per beneficiary expenditures under such parts in the last two years of life as an alternative measure if the Secretary determines that such measure better takes into account severity differences among hospital referral areas. ``(ii) Establishment.--The cost component for a hospital referral area (as so defined) shall be the ratio of the cost per beneficiary for such area to the national average cost per beneficiary.''. (b) Conforming Amendments.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (b)(1)(C), by striking ``geographic'' and inserting ``geographic and value''; and (2) in subsection (e)-- (A) in paragraph (1)-- (i) in the heading, by inserting ``and value'' after ``geographic''; (ii) in subparagraph (A), by striking clause (iii) and inserting the following new clause: ``(iii) a value index (as defined in paragraph (6)) applicable to physician work.''; (iii) in subparagraph (C), by inserting ``and value'' after ``geographic'' in the first sentence; (iv) in subparagraph (D), by striking ``physician work effort'' and inserting ``value''; (v) by striking subparagraph (E); and (vi) by striking subparagraph (G); (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Computation of geographic and value adjustment factor.--For purposes of subsection (b)(1)(C), for all physicians' services for each hospital referral area (as defined by the Secretary) the Secretary shall establish a geographic and value adjustment factor equal to the sum of the geographic cost-of-practice adjustment factor (specified in paragraph (3)), the geographic malpractice adjustment factor (specified in paragraph (4)), and the value adjustment factor (specified in paragraph (5)) for the service and the area.''; and (C) by striking paragraph (5) and inserting the following new paragraph: ``(5) Physician work value adjustment factor.--For purposes of paragraph (2), the `physician work value adjustment factor' for a service for a hospital referral area (as defined by the Secretary), is the product of-- ``(A) the proportion of the total relative value for the service that reflects the relative value units for the work component; and ``(B) the value index score for the area, based on the value index established under paragraph (6).''. (c) Availability of Quality Component Prior to Implementation.--The Secretary of Health and Human Services shall make the quality component described in section 1848(c)(6)(B) of the Social Security Act, as added by subsection (a), for each hospital referral area (as defined by the Secretary) available to the public by not later than July 1, 2011. (d) Effective Date.--Subject to subsection (e), the amendments made by this section shall apply to the Medicare physician fee schedule for 2012 and each subsequent year. (e) Transition.--Notwithstanding the amendments made by the preceding provisions of this section, the Secretary of Health and Human Services shall provide for an appropriate transition to the amendments made by this section. Under such transition, in the case of payments under such fee schedule for services furnished during-- (1) 2012, 25 percent of such payments shall be based on the amount of payment that would have applied to the services if such amendments had not been enacted and 75 percent of such payment shall be based on the amount of payment that would have applied to the services if such amendments had been fully implemented; (2) 2013, 50 percent of such payment shall be based on the amount of payment that would have applied to the services if such amendments had not been enacted and 50 percent of such payment shall be based on the amount of payment that would have applied to the services if such amendments had been fully implemented; and (3) 2014 and subsequent years, 100 percent of such payment shall be based on the amount of payment that is applicable under such amendments.

Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare hospital referral area.

A bill to amend title XVIII of the Social Security Act to create a value indexing mechanism for the physician work component of the Medicare physician fee schedule.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Security Act of 2010''. SEC. 2. PROHIBITION OF POSSESSION OF FIREARMS AT AIRPORTS. (a) Program To Prohibit Possession.--Section 44903 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(m) Program To Prohibit Possession of Firearms at Airports.-- ``(1) Establishment.--The Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish and carry out a program to prohibit, except as provided in paragraph (3), any individual from possessing a firearm at a covered airport, including any individual who enters the airport, or who exits public transportation at the airport, for the following purposes: ``(A) Air travel. ``(B) Meeting another individual. ``(C) Picking up cargo. ``(D) Employment at the airport. ``(2) Requirements for airport operators.--In carrying out the program established under paragraph (1), the Assistant Secretary shall require each airport operator to-- ``(A) conspicuously display notices summarizing the program-- ``(i) at each entrance to the airport; and ``(ii) in such form, and containing such information, as the Assistant Secretary shall by regulation prescribe; and ``(B) require law enforcement personnel to-- ``(i) monitor the airport to prevent violations of paragraph (1); and ``(ii) escort any individual described in paragraph (3)(B)(ii) who is discovered by such personnel to be in possession of a firearm referred to in paragraph (3)(B)(i), to ensure that such individual continues to be excepted from paragraph (1) by reason of paragraph (3)(B). ``(3) Exceptions.--The following individuals shall not be prohibited by paragraph (1) from possessing a firearm under such paragraph: ``(A) Individuals authorized to carry a firearm.-- An individual who, by regulation, is authorized by the Administrator of the Federal Aviation Administration or the Assistant Secretary to carry a firearm at the covered airport. ``(B) Travelers.--An individual who possesses a firearm, if-- ``(i) the firearm is unloaded, carried in a hard-sided container that is locked, and the key or combination to the lock is in the exclusive possession of the individual; and ``(ii) the individual-- ``(I) is carrying a ticket in the name of the individual for a flight that is scheduled for departure from the covered airport within 24 hours or that has arrived at the airport within the preceding 24 hours; or ``(II) communicates the intention to obtain a ticket for departure referred to in subclause (I) at the covered airport and obtains and carries such ticket or does not obtain such ticket for a compelling reason. ``(C) Individuals shipping firearms.--An individual who possesses a firearm in a capacity relating to the shipment of the firearm in air commerce and who, by regulation, is authorized by the Administrator of the Federal Aviation Administration or the Assistant Secretary to possess the firearm at the covered airport in such capacity. ``(D) Law enforcement officers.--An on-duty law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Federal Government, who is authorized to carry a firearm. ``(E) Certain individuals on public transportation.--An individual passing through an airport on public transportation. ``(F) Additional authorized individuals.--An individual who is otherwise authorized by the Administrator of the Federal Aviation Administration or the Assistant Secretary to possess a firearm at a covered airport. ``(4) Issuance of regulations.--Not later than one year after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue regulations to carry out this subsection. ``(5) Definitions.--In this subsection: ``(A) Airport.--The term `airport' means an airport and any appurtenant building or area that is related to the operation of the airport, including a building or area on the site of the airport designed to-- ``(i) receive passengers or cargo before or after a flight; or ``(ii) facilitate arrival at or departure from the airport, including-- ``(I) a road or section of road used primarily for arrival at or departure from the airport; ``(II) an airport parking area; and ``(III) a public transportation stop. ``(B) Airport operator.--The term `airport operator' means the operator of a covered airport. ``(C) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary of Homeland Security (Transportation Security Administration). ``(D) Covered airport.--The term `covered airport' means an airport that in the preceding fiscal year received an amount allocated or apportioned under chapter 471. ``(E) Firearm.--The term `firearm' has the meaning given the term in section 921(a)(3) of title 18. ``(F) Public transportation.--The term `public transportation' means a conveyance that provides regular and continuing general or special transportation to the public.''. (b) Criminal Penalty for Possession.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 932. Possession of firearms at airports ``(a) In General.--Except as provided in subsection (b), an individual who knowingly possesses a firearm at a covered airport shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Exceptions.--Subsection (a) shall not apply to an individual described in section 44903(m)(3) of title 49. ``(c) Definition of Covered Airport.--In this section, the term `covered airport' has the meaning given the term in section 44903(m)(5)(D) of title 49.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is 30 days after the date on which the Assistant Secretary of Homeland Security (Transportation Security Administration) has issued regulations pursuant to section 44903(m)(4) of title 49, United States Code (as added by subsection (a)). (3) Conforming amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following new item: ``932. Possession of firearms at airports.''.

Airport Security Act of 2010 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to establish a program to prohibit all but specified authorized individuals from possessing a firearm at a covered airport, including any individual who enters the airport, or exits public transportation at it, for air travel, meeting another individual, picking up cargo, or employment. Directs the Assistant Secretary to require airport operators to: (1) display conspicuous notices summarizing the program at each airport entrance; and (2) require law enforcement personnel to monitor the airport to prevent violations and escort air travelers who are authorized to carry a firearm. Prescribes criminal penalties for nonauthorized individuals who knowingly possess a firearm at a covered airport.

To prohibit certain individuals from possessing a firearm in an airport, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Drought Relief Act of 1998''. SEC. 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR CERTAIN CROPS. (a) Wheat.--Subsection (a) of section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Loan rate.--Subject to paragraph (2), the loan rate for a marketing assistance loan under section 131 for wheat shall be equal to not less than 85 percent of the simple average price received by producers of wheat, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of wheat, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (b) Feed Grains.--Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Loan rate for corn.--Subject to paragraph (2), the loan rate for a marketing assistance loan under section 131 for corn shall be equal to not less than 85 percent of the simple average price received by producers of corn, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of corn, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (c) Upland Cotton.--Subsection (c)(2) of such section is amended by striking ``or more than $0.5192 per pound''. (d) Extra Long Staple Cotton.--Subsection (d) of such section is amended to read as follows: ``(d) Extra Long Staple Cotton.--The loan rate for a marketing assistance loan under section 131 for extra long staple cotton shall be equal to not less than 85 percent of the simple average price received by producers of extra long staple cotton, as determined by the Secretary, during 3 years of the 5-year period ending July 31 of the year preceding the year in which the crop is planted, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period.''. (e) Oilseeds.--Subsection (f) of such section is amended-- (1) in paragraph (1)(B), by striking ``or more than $5.26''; and (2) in paragraph (2)(B), by striking ``or more than $0.093''. SEC. 3. COST-SHARE ASSISTANCE FOR AGRICULTURAL PRODUCERS PERFORMING CERTAIN DROUGHT ALLEVIATION PROJECTS. (a) Definitions.--In this section: (1) Designated disaster area.--The term ``designated disaster area'' means an area that is covered by a Presidential declaration of major disaster issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or determined to be a disaster area by the Secretary of Agriculture under subpart A of part 1945 of title 7, Code of Federal Regulations, if the basis for the Presidential declaration or Secretarial determination is at least in part the result of drought conditions in the area. (2) Eligible land.--The term ``eligible land'' means agricultural land, including cropland, rangeland, pasture, and other land on which crops or livestock are produced, or land used to support the production of crops or livestock. (3) Livestock.--The term ``livestock'' means dairy cattle, beef cattle, laying hens, broilers, turkeys, swine, sheep, and such other animals as determined by the Secretary. (4) Producer.--The term ``producer'' means a person who is engaged in livestock or agricultural production (as defined by the Secretary). (b) Authority To Provide Assistance.--During the 1999 through 2002 fiscal years, the Secretary of Agriculture may provide technical assistance and cost-share payments to a producer who undertakes on eligible lands in a designated disaster area a project intended to alleviate or otherwise respond to the effects of drought on crop or livestock production. A producer may apply for cost-share payments under this section before undertaking an eligible project, during the course of the project, or within one year after completing the project. A project may be completed after the expiration of the designation of an area as a designated disaster area. (c) Eligible Projects.--The projects for which assistance may be provided under this section include-- (1) the installation of water wells to be used primarily for crop irrigation or livestock watering; (2) the dredging of ponds or other small bodies of water on eligible lands; and (3) the extension of public water supply lines to serve eligible lands. (d) Offer Selection Process.--The Secretary of Agriculture shall, to the maximum extent practicable, establish a process for selecting applications for financial assistance if there are numerous applications for assistance for eligible projects that would provide substantially the same level of benefits. The process shall be based on-- (1) a reasonable estimate of the projected cost of the proposals and other factors identified by the Secretary for determining which applications will result in the least cost to the program authorized by this section; and (2) such other factors determined by the Secretary that maximize benefits in designated disaster areas per dollar expended. (e) Concurrence of Owner.--If the producer making an offer to receive assistance is a tenant using the eligible land, for the offer to be acceptable, the producer shall obtain the concurrence of the owner of the eligible land with respect to the offer. (f) Amount of Cost-Share Payments.--The Federal share of cost-share payments to a producer proposing to implement one or more eligible project shall be not more than 75 percent of the projected cost of the project, as determined by the Secretary of Agriculture, taking into consideration any payment received by the producer from a State or local government. A producer may not receive cost-share payments under this section for a project if the producer receives cost-share payments or other benefits for the same project under another provision of law. (g) Technical Assistance.--The receipt of technical assistance under this section shall not affect the eligibility of the producer to receive technical assistance under other authorities of law available to the Secretary of Agriculture. (h) Retroactive Effect.--This section shall apply to eligible projects commenced in designated disaster areas on or after January 1, 1998. SEC. 4. AUTHORITY TO PROVIDE EMERGENCY LOANS BASED ON ESTIMATED LOSSES. Subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961-1970) is amended by inserting after section 327 the following: ``Sec. 328. In this subtitle, the terms `actual loss' and `actual production loss' mean actual loss or (if greater) the estimated loss as determined by the relevant county committee.''. SEC. 5. BORROWER ELECTION TO DEFER INTEREST PAYMENTS ON EMERGENCY LOANS. Section 324 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1964) is amended by adding at the end the following: ``(f) A borrower of a loan made under this subtitle may elect to defer the payment of any or all interest on the loan until the end of the period for which the loan is made.''.

Emergency Drought Relief Act of 1998 - Amends the Agricultural Market Transition Act to eliminate marketing assistance loan rate caps for wheat, corn and feed grains, upland and extra long staple cotton, and oilseeds. Authorizes the Secretary of Agriculture to (temporarily) provide cost-share assistance for crop and livestock producers performing certain drought alleviation projects. Makes such assistance available retroactively to eligible projects begun as of January 1, 1998. Amends the Consolidated Farm and Rural Development Act to authorize: (1) emergency loans based upon estimated losses; and (2) emergency loan interest deferral.

Emergency Drought Relief Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Development Program Implementation Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) title V of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 et seq.) requires the United States to work with developing countries in assessing and finding ways to meet their energy needs through alternatives to nuclear energy that are consistent with economic factors, material resources, and environmental protection; and (2) in December 2008, the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism noted that the Federal Government had failed to implement title V of that Act and recommended that the Federal Government implement title V of that Act to help reduce the risk of nuclear proliferation. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; and (B) the Committee on Oversight and Government Reform, the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. (2) Energy development program.--The term ``energy development program'' means the program established under title V of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy, in cooperation with the Secretary of State and the Administrator of the United States Agency for International Development. SEC. 4. ENERGY DEVELOPMENT PROGRAM IMPLEMENTATION. (a) Strategic and Implementation Plans.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop-- (A) strategic plans for the energy development program consistent with title V of the Nuclear Non- Proliferation Act of 1978 (22 U.S.C. 3261 et seq.); and (B) implementation plans for the energy development program consistent with title V of that Act. (2) Review of plans.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit the strategic and implementation plans to the appropriate congressional committees for review. (b) Implementation.--Not later than 180 days after the date on which the plans are submitted to the appropriate congressional committees for review under subsection (a), the Secretary shall implement the plans. (c) Allowances, Privileges, and Other Benefits.-- (1) In general.--A Federal employee serving in an exchange capacity in the energy development program shall be considered to be detailed. (2) Employing agency.--For the purpose of preserving allowance, privileges, rights, seniority, and other benefits with respect to the Federal employee, the employee shall be-- (A) considered an employee of the original employing agency; and (B) entitled to the pay, allowances, and benefits from funds available to the original employing agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for fiscal year 2010 and each fiscal year thereafter. SEC. 5. REPORTS. (a) Annual Report.--Not later than 1 year after the date of implementation of the plans under section 4(b) and every year thereafter, the Secretary shall report annually to the appropriate congressional committees on the plans consistent with section 501 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261). (b) Report on the Alternative Energy Corps.-- (1) Cooperative activities.--Not later than 1 year after the date of implementation of the plans under section 4(b), the Secretary shall report to the appropriate congressional committees on the feasibility of expanding the cooperative activities established pursuant to section 502(c) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3262) into an international cooperative effort. (2) Requirements.--The report required under paragraph (1) shall include an analysis and description of-- (A) an Alternative Energy Corps that is designed to encourage large numbers of technically trained volunteers to live and work in developing countries for varying periods of time for the purpose of engaging in projects to aid in meeting the energy needs of those countries through-- (i) the search for and use of non-nuclear indigenous energy resources; and (ii) the application of suitable technology, including the widespread use of renewable and unconventional energy technologies; and (B) other mechanisms that are available to coordinate an international effort to develop, demonstrate, and encourage the use of suitable technologies in developing countries.

Directs the Secretary of Energy to develop and implement strategic plans for the energy development program consistent with title V (United States Assistance to Developing Countries) of the Nuclear Nonproliferation Act of 1978. Requires the Secretary to report to Congress respecting: (1) such plans; and (2) expanding specified cooperative activities into an international cooperative effort which shall include an analysis of an Alternative Energy Corps to encourage technically trained volunteers to live and work in developing countries.

To implement title V of the Nuclear Non-Proliferation Act of 1978 and to promote economical and environmentally sustainable means of meeting the energy demands of developing countries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 1998''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 55 percent 1980............................... 45 percent 1981............................... 35 percent 1982............................... 32 percent 1983............................... 25 percent 1984............................... 20 percent 1985............................... 16 percent 1986............................... 10 percent 1987............................... 3 percent 1988............................... 5 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. ``(G)(i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. ``(ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual's death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual's wages and self- employment income. Any such election filed after December 31, 1998, shall be null and void and of no effect. ``(iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) subparagraph (A) shall not apply in determining such individual's primary insurance amount. ``(iv) Upon receipt by the Commissioner as of December 31, 1998, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self- employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) solely for purposes of determining the amount of such beneficiary's benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual's primary insurance amount.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 1999. The amendments made this section shall apply with respect to benefits payable in months in any fiscal year after fiscal year 2002 only if the corresponding decrease in adjusted discretionary spending limits for budget authority and outlays under section 3 of this Act for fiscal years prior to fiscal year 2003 is extended by Federal law to such fiscal year after fiscal year 2002. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 1999, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. SEC. 3. OFFSET PROVIDED BY PROJECTED FEDERAL BUDGET SURPLUSES. Amounts offset by this Act shall not be counted as direct spending for purposes of the budgetary limits provided in the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985.

Notch Fairness Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. Provides that amounts offset by this Act shall not be counted as direct spending for purposes of the budgetary limits provided in the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).

Notch Fairness Act of 1998

SECTION 1. FINDINGS. The Congress finds the following: (1) As a Member of Congress from the Tenth Congressional District of Texas, as Majority Leader of the U.S. Senate, Vice- President and President of the United States, Lyndon Baines Johnson's accomplishments in the fields of civil rights, education, and economic opportunity rank among the greatest achievements of the past half century. (2) As President, Lyndon Johnson proposed, championed, led to passage, and signed into law on August 6, 1965, the Voting Rights Act of 1965, which swept away barriers impeding millions of Americans from meaningful participation in American political life. (3) On July 30, 1965, President Johnson signed into law the Social Security Amendments Act of 1965, popularly known as Medicare, which has transformed the delivery of health care in the United States and which, along with Social Security, reduced the rate of poverty among the elderly from 28.5 percent in 1966 to 9.1 percent in 2012. (4) On July 2, 1964, President Johnson secured passage and signed into law the most sweeping civil rights legislation since Reconstruction, the Civil Rights Act of 1964, which prohibits discrimination in employment, education, and public accommodations based on race, color, religion, or national origin. (5) On November 8, 1965, President Johnson signed into law the Higher Education Act, which provided need-based financial aid to students in the form of scholarships, work-study grants, and loans, and thus made higher education more accessible to populations of persons who were previously unable to attend college because of economic circumstances. (6) On October 3, 1965, President Johnson signed into law the Immigration and Naturalization Act of 1965, which transformed the Nation's immigration system by abolishing the racially based quota system that had defined American immigration policy for four decades and replaced it with a policy whose central purpose was family reunification, with a preference for immigrants with specific skill sets. (7) According to Robert A. Caro, the preeminent biographer of Lyndon Baines Johnson, with the single exception of Lincoln, President Johnson was the greatest champion of the poor and underprivileged in the history of the Republic and was the President ``who wrote mercy and justice into the statute books by which America was governed''. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous award, on behalf of Congress, of a gold medal of appropriate design to Lyndon Baines Johnson in recognition of his contributions to the Nation, including passage of the landmark Voting Rights Act of 1965, the Social Security Amendments Act (Medicare) of 1965, the Civil Rights Act of 1964, the Higher Education Act of 1965, and the Immigration and Naturalization Act of 1965. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Lyndon Baines Johnson Library and Museum.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Lyndon Baines Johnson Library and Museum, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Lyndon Baines Johnson Library and Museum should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with Lyndon Baines Johnson. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

This bill directs the Speaker of the House and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Lyndon Baines Johnson in recognition of his contributions to the nation, including passage of the Voting Rights Act of 1965, the Social Security Amendments Act (Medicare) of 1965, the Civil Rights Act of 1964, the Higher Education Act of 1965, and the Immigration and Naturalization Act of 1965. Requires such medal to be given to the Lyndon Baines Johnson Library and Museum following its award, where it will be available for display and research.

To award a Congressional Gold Medal to Lyndon Baines Johnson, the 36th President of the United States whose visionary leadership secured passage of the landmark Voting Rights Act of 1965, Social Security Amendments Act (Medicare) of 1965, Civil Rights Act of 1964, Higher Education Act of 1965, and Immigration and Naturalization Act of 1965.