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SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Protection Act of 1997''. SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following: ``Sec. 926B. Carrying of concealed firearms by qualified current and former law enforcement officers ``(a) In General.--Notwithstanding any provision of the law of any State or any political subdivision of a State, an individual may carry a concealed firearm if that individual is-- ``(1) a qualified law enforcement officer or a qualified former law enforcement officer; and ``(2) carrying appropriate written identification. ``(b) Effect on Other Laws.-- ``(1) Common carriers.--Nothing in this section shall be construed to exempt from section 46505(B)(1) of title 49-- ``(A) a qualified law enforcement officer who does not meet the requirements of section 46505(D) of title 49; or ``(B) a qualified former law enforcement officer. ``(2) Federal laws.--Nothing in this section shall be construed to supersede or limit any Federal law or regulation prohibiting or restricting the possession of a firearm on any Federal property, installation, building, base, or park. ``(3) State laws.--Nothing in this section shall be construed to supersede or limit the laws of any State that-- ``(A) grant rights to carry a concealed firearm that are broader than the rights granted under this section; ``(B) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or ``(C) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. ``(4) Definitions.--In this section: ``(A) Appropriate written identification.--The term `appropriate written identification' means, with respect to an individual, a document that-- ``(i) was issued to the individual by the public agency with which the individual serves or served as a qualified law enforcement officer; and ``(ii) identifies the holder of the document as a current or former officer, agent, or employee of the agency. ``(B) Qualified law enforcement officer.--The term `qualified law enforcement officer' means an individual who-- ``(i) is presently authorized by law to engage in or supervise the prevention, detection, or investigation of any violation of criminal law; ``(ii) is authorized by the agency to carry a firearm in the course of duty; ``(iii) meets any requirements established by the agency with respect to firearms; and ``(iv) is not the subject of a disciplinary action by the agency that prevents the carrying of a firearm. ``(C) Qualified former law enforcement officer.-- The term `qualified former law enforcement officer' means, an individual who is-- ``(i) retired from service with a public agency, other than for reasons of mental disability; ``(ii) immediately before such retirement, was a qualified law enforcement officer with that public agency; ``(iii) has a nonforfeitable right to benefits under the retirement plan of the agency; ``(iv) was not separated from service with a public agency due to a disciplinary action by the agency that prevented the carrying of a firearm; ``(v) meets the requirements established by the State in which the individual resides with respect to-- ``(I) training in the use of firearms; and ``(II) carrying a concealed weapon; and ``(vi) is not prohibited by Federal law from receiving a firearm. ``(D) Firearm.--The term `firearm' means, any firearm that has, or of which any component has, traveled in interstate or foreign commerce.''. (b) Clerical Amendment.--The chapter analysis for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926A the following: ``926B. Carrying of concealed firearms by qualified current and former law enforcement officers.''. SEC. 3. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACTS. (a) In General.--The consent of Congress is given to any 2 or more States-- (1) to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed weapons as dictated by laws of the State within which the owner of the weapon resides and is authorized to carry a concealed weapon; and (2) to establish agencies or guidelines as they may determine to be appropriate for making effective such agreements and compacts. (b) Reservation of Rights.--The right to alter, amend, or repeal this section is hereby expressly reserved by Congress.

Law Enforcement Protection Act of 1997 - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification from State and local laws prohibiting the carrying of a concealed firearm. Consents to the formation of interstate compacts or agreements for cooperative efforts in enabling authorized individuals to carry concealed weapons.

Law Enforcement Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Commission Act of 1995''. SEC. 2. ESTABLISHMENT. (a) Establishment.--There is established a commission to be known as the National Commission on the Long-Term Solvency of the Medicare Program (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 15 members appointed as follows: (1) Five members shall be appointed by the President from among officers or employees of the executive branch, private citizens of the United States, or both. Not more than 3 members selected by the President shall be members of the same political party. (2) Five members shall be appointed by the Majority Leader of the Senate from among members of the Senate, private citizens of the United States, or both. Not more than 3 of the members selected by the Majority Leader shall be members of the same political party. (3) Five members shall be appointed by the Speaker of the House of Representatives from among members of the House of Representatives, private citizens of the United States, or both. Not more than 3 of the members selected by the Speaker shall be members of the same political party. (4) Date.--The appointments of the members of the Commission shall be made no later than November 30, 1995. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman.--The Commission shall select a Chairman from among its members. SEC. 3. DUTIES OF THE COMMISSION. (a) Analyses and Recommendations.-- (1) In general.--The Commission shall-- (A) review relevant analyses of the current and long-term financial condition of the medicare trust funds; (B) identify problems that may threaten the long- term solvency of such trust funds; (C) analyze potential solutions to such problems that will both assure the financial integrity of the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the provision of appropriate health benefits; and (D) provide appropriate recommendations to the Secretary of Health and Human Services, the President, and the Congress. (2) Definition of medicare trust funds.--For purposes of this subsection, the term ``medicare trust funds'' means the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t). (b) Report.--The Commission shall submit its report to the President and the Congress not later than December 31, 1996. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Officers and employees of the federal government.--All members of the Commission who are officers or employees of the Federal Government shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Private citizens of the united states.-- (A) In general.--Subject to subparagraph (B), all members of the Commission who are not officers or employees of the Federal Government shall serve without compensation for their work on the Commission. (B) Travel expenses.--The members of the Commission who are not officers or employees of the Federal Government shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission, to the extent funds are available therefore. (b) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. At the request of the Chairman, the Secretary of Health and Human Services shall provide the Commission with any necessary administrative and support services. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (c) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its report under section 2(b). SEC. 7. FUNDING FOR THE COMMISSION. Any expenses of the Commission shall be paid from such funds as may be otherwise available to the Secretary of Health and Human Services.

Medicare Commission Act of 1995 - Establishes the National Commission on the Long-Term Solvency of the Medicare Program to provide analyses of and recommendations with respect to the current and long-term financial condition of the Medicare trust funds for a report to the President, the Congress, and the Secretary of Health and Human Services.

Medicare Commission Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Protection Act of 1995''. SEC. 2. FEDERAL POLICY AND DIRECTION. (a) General Policy.--It is the policy of the Federal Government that no law or agency action should limit the use of privately owned property so as to diminish its value. (b) Application to Federal Agency Action.--Each Federal agency, officer, and employee should exercise Federal authority to ensure that agency action will not limit the use of privately owned property so as to diminish its value. SEC. 3. RIGHT TO COMPENSATION. (a) In General.--The Federal Government shall compensate an owner of property whose use of any portion of that property has been limited by an agency action, under a specified regulatory law, that diminishes the fair market value of that portion by 20 percent or more. The amount of the compensation shall equal the diminution in value that resulted from the agency action. If the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the Federal Government shall buy that portion of the property for its fair market value. (b) Duration of Limitation on Use.--Property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, even if that action is later rescinded or otherwise vitiated. However, if that action is later rescinded or otherwise vitiated, and the owner elects to refund the amount of the compensation, adjusted for inflation, to the Treasury of the United States, the property may be so used. SEC. 4. EFFECT OF STATE LAW. If a use is a nuisance as defined by the law of a State or is already prohibited under a local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. SEC. 5. EXCEPTIONS. (a) Prevention of Hazard to Health or Safety or Damage to Specific Property.--No compensation shall be made under this Act with respect to an agency action the primary purpose of which is to prevent an identifiable-- (1) hazard to public health or safety; or (2) damage to specific property other than the property whose use is limited. (b) Navigation Servitude.--No compensation shall be made under this Act with respect to an agency action pursuant to the Federal navigation servitude, as defined by the courts of the United States, except to the extent such servitude is interpreted to apply to wetlands. SEC. 6. PROCEDURE. (a) Request of Owner.--An owner seeking compensation under this Act shall make a written request for compensation to the agency whose agency action resulted in the limitation. No such request may be made later than 180 days after the owner receives actual notice of that agency action. (b) Negotiations.--The agency may bargain with that owner to establish the amount of the compensation. If the agency and the owner agree to such an amount, the agency shall promptly pay the owner the amount agreed upon. (c) Choice of Remedies.--If, not later than 180 days after the written request is made, the parties do not come to an agreement as to the right to and amount of compensation, the owner may choose to take the matter to binding arbitration or seek compensation in a civil action. (d) Arbitration.--The procedures that govern the arbitration shall, as nearly as practicable, be those established under title 9, United States Code, for arbitration proceedings to which that title applies. An award made in such arbitration shall include a reasonable attorney's fee and other arbitration costs (including appraisal fees). The agency shall promptly pay any award made to the owner. (e) Civil Action.--An owner who does not choose arbitration, or who does not receive prompt payment when required by this section, may obtain appropriate relief in a civil action against the agency. An owner who prevails in a civil action under this section shall be entitled to, and the agency shall be liable for, a reasonable attorney's fee and other litigation costs (including appraisal fees). The court shall award interest on the amount of any compensation from the time of the limitation. (f) Source of Payments.--Any payment made under this section to an owner, and any judgment obtained by an owner in a civil action under this section shall, notwithstanding any other provision of law, be made from the annual appropriation of the agency whose action occasioned the payment or judgment. If the agency action resulted from a requirement imposed by another agency, then the agency making the payment or satisfying the judgment may seek partial or complete reimbursement from the appropriated funds of the other agency. For this purpose the head of the agency concerned may transfer or reprogram any appropriated funds available to the agency. If insufficient funds exist for the payment or to satisfy the judgment, it shall be the duty of the head of the agency to seek the appropriation of such funds for the next fiscal year. SEC. 7. LIMITATION. Notwithstanding any other provision of law, any obligation of the United States to make any payment under this Act shall be subject to the availability of appropriations. SEC. 8. DUTY OF NOTICE TO OWNERS. Whenever an agency takes an agency action limiting the use of private property, the agency shall give appropriate notice to the owners of that property directly affected explaining their rights under this Act and the procedures for obtaining any compensation that may be due to them under this Act. SEC. 9. RULES OF CONSTRUCTION. (a) Effect on Constitutional Right to Compensation.--Nothing in this Act shall be construed to limit any right to compensation that exists under the Constitution or under other laws of the United States. (b) Effect of Payment.--Payment of compensation under this Act (other than when the property is bought by the Federal Government at the option of the owner) shall not confer any rights on the Federal Government other than the limitation on use resulting from the agency action. SEC. 10. DEFINITIONS. For the purposes of this Act-- (1) the term ``property'' means land and includes the right to use or receive water; (2) a use of property is limited by an agency action if a particular legal right to use that property no longer exists because of the action; (3) the term ``agency action'' has the meaning given that term in section 551 of title 5, United States Code, but also includes the making of a grant to a public authority conditioned upon an action by the recipient that would constitute a limitation if done directly by the agency; (4) the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code; (5) the term ``specified regulatory law'' means-- (A) section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (B) the Endangered Species Act of 1979 (16 U.S.C. 1531 et seq.); (C) title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.); or (D) with respect to an owner's right to use or receive water only-- (i) the Act of June 17, 1902, and all Acts amendatory thereof or supplementary thereto, popularly called the ``Reclamation Acts'' (43 U.S.C. 371 et seq.); (ii) the Federal Land Policy Management Act (43 U.S.C. 1701 et seq.); or (iii) section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); (6) the term ``fair market value'' means the most probable price at which property would change hands, in a competitive and open market under all conditions requisite to a fair sale, between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts, at the time the agency action occurs; (7) the term ``State'' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States; and (8) the term ``law of the State'' includes the law of a political subdivision of a State. Passed the House of Representatives March 3, 1995. Attest: ROBIN H. CARLE, Clerk.

Private Property Protection Act of 1995 - Requires the Federal Government to compensate a property owner whose use of that property has been limited by an agency action, pursuant to a specified regulatory law, that diminishes the fair market value of that property by 20 percent or more, for that diminution in value. Requires the Government to buy at fair market value any portion of a property whose value has been diminished by more than 50 percent. Declares that property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, unless: (1) the action is later rescinded or vitiated; and (2) the property owner refunds the amount of the compensation to the Treasury. Provides that if a use is a nuisance as defined by State law or local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use. Prohibits compensation from being made under this Act with respect to: (1) an agency action the primary purpose of which is to prevent an identifiable hazard to public health and safety or damage to specific property other than the property whose use is limited; or (2) an agency action pursuant to the Federal navigational servitude, except as such servitude is applied by U.S. courts to wetlands. Sets forth the procedures by which a property owner may seek compensation under this Act. Subjects any payment under this Act to the availability of appropriations. Requires any agency taking an action limiting private property use to give appropriate notice of rights and compensation procedures to the property owners. Declares that: (1) nothing in this Act shall be construed to limit any right to compensation under the Constitution or other Federal law; and (2) payment of compensation shall not confer on the Federal Government any rights other than the use limitation resulting from the agency action.

Private Property Protection Act of 1995

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Higher Education Fairness Act of 1997''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. FAMILY CONTRIBUTION FOR DEPENDENT STUDENTS. (a) Parents' Available Income.--Section 475(c)(1) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) the amount of any tax credit taken by the parents under section 25A of the Internal Revenue Code of 1986.''. (b) Student Contribution From Available Income.--Section 475(g)(2) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking ``$1,750'' in subparagraph (D) and inserting ``$2,250 (or a successor amount prescribed by the Secretary under section 478)''; (3) by striking the period at the end of subparagraph (D); and (4) by inserting after subparagraph (D) the following new subparagraph: ``(E) the amount of any tax credit taken by the student under section 25A of the Internal Revenue Code of 1986.''. SEC. 3. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITHOUT DEPENDENTS OTHER THAN A SPOUSE. (a) Family's Contribution From Available Income.--Section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) is amended-- (1) by striking ``and'' at the end of clause (iv); and (2) by inserting after clause (v) the following new clause: ``(vi) the amount of any tax credit taken under section 25A of the Internal Revenue Code of 1986; and''. (b) Income Protection Allowances.--Section 476(b)(1)(A)(iv) is amended-- (1) by striking ``allowance of--'' and inserting ``allowance of the following amount (or a successor amount prescribed by the Secretary under section 478):''; (2) by striking ``$3,000'' each place it appears in subclauses (I) and (II) and inserting ``$5,500''; and (3) by striking ``$6,000'' in subclause (III) and inserting ``$8,500''. SEC. 4. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITH DEPENDENTS OTHER THAN A SPOUSE. Section 477(b)(1) (20 U.S.C. 1087qq(b)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) the amount of any tax credit taken under section 25A of the Internal Revenue Code of 1986.''. SEC. 5. REGULATIONS; UPDATED TABLES AND AMOUNTS. Section 478(b) (20 U.S.C. 1087rr(b)) is amended-- (1) by striking ``For each academic year'' and inserting the following: ``(1) Revised tables.--For each academic year''; and (2) by adding at the end the following new paragraph: ``(2) Revised amounts.--For each academic year after academic year 1997-1998, the Secretary shall publish in the Federal Register revised income protection allowances for the purpose of sections 475(g)(2)(D) and 476(b)(1)(A)(iv). Such revised allowances shall be developed by increasing each of the dollar amounts contained in such section by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 1996 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10.''. SEC. 6. DEFINITIONS. (a) Total Income.--Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is amended-- (1) by striking ``individual, and'' and inserting ``individual,''; and (2) by inserting ``, and no portion of any tax credit taken under section 25A of the Internal Revenue Code of 1986'' before ``shall be included''. (b) Excludable Income.--Section 480(e) 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 after paragraph (4) the following new paragraph: ``(5) any tax credit taken under section 25A of the Internal Revenue Code of 1986.''. (c) Other Financial Assistance.--Section 480(j) is amended by adding at the end the following new paragraph: ``(4) Notwithstanding paragraph (1), a tax credit taken under section 25A of the Internal Revenue Code of 1986 shall not be treated as estimated financial assistance for purposes of section 471(3).''.

Higher Education Fairness Act of 1997 - Amends the Higher Education Act of 1965 to revise certain need analysis formulas for student assistance. Requires deduction of the amount of the new Hope Scholarship and Lifetime Learning education expense tax credits taken under the Internal Revenue Code, as amended by the Taxpayer Relief Act of 1997 (Public Law 105-34), in calculating family available income for determination of expected family contribution (for all dependent and all independent students). (Defines such tax credits as excludable income, not to be treated as estimated financial assistance, for student assistance calculation purposes.) Increases the amounts of income protection allowances for dependent students and for independent students without dependents other than a spouse.

Higher Education Fairness Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Residential and Commuter Toll Fairness Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Residents of various localities and political subdivisions throughout the United States are subject to tolls, user fees, and fares to access certain roads, highways, bridges, railroads, busses, ferries, and other transportation systems. (2) Revenue generated from transportation tolls, user fees, and fares is used to support various infrastructure maintenance and capital improvement projects that directly benefit commuters and indirectly benefit the regional and national economy. (3) Residents of certain municipalities, counties, and other localities endure significant or disproportionate toll, user fee, or fare burdens compared to others who have a greater number of transportation options because such residents-- (A) live in geographic areas that are not conveniently located to the access points for roads, highways, bridges, rail, busses, ferries, and other transportation systems; (B) live on islands, peninsulas, or in other places that are only accessible through a means that requires them to pay a toll, user fee, or fare; or (C) are required to pay much more for transportation access than residents of surrounding jurisdictions, or in other jurisdictions across the country, for similar transportation options. (4) To address this inequality, and to reduce the financial hardship often imposed on such residents, several State and municipal governments and multi-State transportation authorities have established programs that authorize discounted transportation tolls, user fees, and fares for such residents. (5) Transportation toll, user fee, and fare discount programs based on residential status-- (A) address actual unequal and undue financial burdens placed on residents who live in areas that are only accessible through a means that requires them to pay a toll, user fee, or fare; (B) do not disadvantage or discriminate against those individuals ineligible for residential toll, user fee, or fare discount programs; (C) are not designed to favor the interests or promote the domestic industry or economic development of the State implementing such programs; (D) do not interfere or impose undue burdens on commerce with foreign nations or interfere or impose any undue burdens on commerce among the several States, or commerce within particular States; (E) do not interfere or impose undue burdens on the ability of individuals to travel among, or within, the several States; (F) do not constitute inequitable treatment or deny any person within the jurisdiction of the United States the equal protection of the laws; and (G) do not abridge the privileges or immunities of citizens of the United States. (b) Purposes.--The purposes of this Act are-- (1) to clarify the existing authority of States, counties, municipalities, and multi-jurisdictional transportation authorities to establish programs that offer discounted transportation tolls, user fees, and fares for residents in specific geographic areas; and (2) to authorize the establishment of such programs, as necessary. SEC. 3. AUTHORIZATION OF LOCAL RESIDENTIAL OR COMMUTER TOLL, USER FEE OR FARE DISCOUNT PROGRAMS. (a) Authority To Provide Residential or Commuter Toll, User Fee, or Fare Discount Programs.--States, counties, municipalities, and multi- jurisdictional transportation authorities that operate or manage roads, highways, bridges, railroads, busses, ferries, or other transportation systems are authorized to establish programs that offer discounted transportation tolls, user fees, or other fares for residents of specific geographic areas in order to reduce or alleviate toll burdens imposed upon such residents. (b) Rulemaking With Respect to the State, Local, or Agency Provision of Toll, User Fee or Fare Discount Programs to Local Residents or Commuters.--States, counties, municipalities, and multi- jurisdictional transportation authorities that operate or manage roads, highways, bridges, railroads, busses, ferries, or other transportation systems are authorized to enact such rules or regulations that may be necessary to establish the programs authorized under subsection (a). (c) Rule of Construction.--Nothing in this Act may be construed to limit or otherwise interfere with the authority, as of the date of the enactment of this Act, of States, counties, municipalities, and multi- jurisdictional transportation authorities that operate or manage roads, highways, bridges, railroads, busses, ferries, or other transportation systems.

Residential and Commuter Toll Fairness Act of 2009 - Grants state, county, and municipal governments, as well as multi-jurisdictional transportation authorities that operate or manage roads, bridges, railroads, buses, ferries, or other transportation systems, rulemaking authority to establish toll, user fee, or fare discount programs for their local residents or commuters.

A bill to provide authority and sanction for the granting and issuance of programs for residential and commuter toll, user fee and fare discounts by States, municipalities, other localities, as well as all related agencies and departments thereof, and for other purposes.

SECTION 1. REAUTHORIZATION AND UPDATING AMENDMENTS. The Delaware and Lehigh National Heritage Corridor Act of 1988 (Public Law 100-692) is updated as follows: (1) In section 2, by adding at the end the following: ``(6) The Corridor contained the only historic system of the Industrial Revolution that integrated anthracite mining and resource extraction, canals and railroads, commerce and heavy industry, and a remarkable number of the historic elements of the system are intact.''. (2) In section 4, by striking ``Environmental Resources'' and inserting ``Conservation and Natural Resources''. (3) In section 8-- (A) in subsection (b), by inserting ``and review and approval by the Secretary of the strategic plan'' after ``in section 10(a)''; (B) by inserting ``and the strategic plan'' after ``goals of the Plan''; (C) by amending the text of subsection (b)(1) to read as follows: ``assisting the Commonwealth, political subdivisions and non-profit agencies in preserving the historic transportation system of Canals and overland railroads and the maintenance of the system as a trail significant to nation;''; (D) in subsection (b)(2), by striking ``governments'' and inserting ``agencies''; (E) in subsection (b)(3), by striking ``in the Corridor'' and inserting ``and heighten the understanding of the Corridor's nationally important stories''; and (F) by adding at the end the following: ``(c) Stategic Plan.--The Corporation shall develop a Strategic Plan that takes in account the findings and recommendations of the study titled `Connecting Stories, Landscapes and People: Exploring the Delaware and Lehigh National Heritage Corridor Partnership' conducted by the National Park Service Conservation Study Institute. The strategic plan shall complement the management plan for the Corridor by guiding future investment, strengthening and serving the partnership network, positioning the Corridor to take advantage of opportunities, and prioritizing actions.''. (4) In section 9, by adding at the end the following: ``(c) Corporation as Local Management Entity.--Upon the date of the enactment of this subsection, the local management entity for the corridor shall be the Corporation. ``(d) Implementation of Management Plan.--The Corporation will assume the duties of the Commission for the implementation of the management action plan. ``(e) Use of Funds.--The Corporation may use Federal funds made available under this Act-- ``(1) to make grants to and enter into cooperative agreements with the Commonwealth, political subdivisions, nonprofit organizations, and individuals; ``(2) to hire, train, and compensate staff; ``(3) to enter into contracts for goods and services; and ``(4) to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money.''. (5) In section 10-- (A) in subsection (c), by striking ``shall assist the Commission'' and inserting ``shall, upon the Corporation's request, assist''; (B) in subsection (d), by striking ``Commission'' each place it appears and inserting ``Corporation''; and (C) by adding at the end the following: ``(e) Transition MOU.--The Secretary shall enter into a memorandum of understanding with the Corporation to assure appropriate transition of the local management to the Corporation and coordination with the Corporation regarding the implementation of the management action plan. ``(f) Special Resource Studies.-- ``(1) Sites and features.--The Secretary shall conduct a special resource study of sites and associated landscape features within the boundaries of the Corridor that contribute to the understanding of the Corridor's national significance. To provide appropriate context regarding the contribution of anthracite mining, industries, transportation and commerce to the nation's growth and industrial development, the special resource study shall review the resources of the greater anthracite region of Pennsylvania covered by other designated national heritage areas. ``(2) Potential designation.-- ``(A) Authorization.--Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary, in coordination with the Corporation, shall complete the special resource study to evaluate the possibility of-- ``(i) designating one or more site or landscape feature as a unit of the National Park System; and ``(ii) coordinating and complementing actions by the Corporation, Commonwealth, political subdivisions and non-profit agencies, in the preservation and interpretation of significant resources within the Corridor and greater anthracite region. ``(B) Study.--Not later than 30 days after the date on which the special resource study is completed, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings, conclusions, and recommendations of the study.''. (6) In section 12-- (A) by striking ``Commission'' each place it appears and inserting ``Corporation''; and (B) by striking ``2007'' and inserting ``2019''. (7) In section 13, by striking ``Commission'' and inserting ``Corporation''. (8) In section 14-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(7) the term `Corporation' means the Delaware and Lehigh National Heritage Corridor, Incorporated, an organization described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation.''.

Amends the Delaware and Lehigh National Heritage Corridor Act of 1988 to revise the appropriate steps the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission is required to take in implementing its Cultural Heritage and Corridor Management Plan for the Delaware and Lehigh Navigation Canal National Heritage Corridor. Requires the Delaware and Lehigh National Heritage Corridor, Incorporated to develop a Strategic Plan for the Corridor that takes into account the findings and recommendations of a specified study conducted by the National Park Service Conservation Study Institute. Requires the plan to compliment the Corridor's management plan. Makes the Corporation the management entity for the Corridor, assuming the Commission's duties in implementing the management action plan. Authorizes the Corporation to use federal funds to make grants to and enter into cooperative agreements with Pennsylvania, local governments, nonprofit corporations, and individuals. Requires the Secretary of the Interior to conduct a special resource study of sites and associated landscape features within the Corridor, including resources of the greater anthracite region of Pennsylvania covered by other designated national heritage areas, that contribute to the understanding of the Corridor's national siginificance. Requires the Secretary, in coordination with the Corporation, to evaluate and report to specified congressional committees on the possibility of: (1) designating one or more sites or landscape features as a unit of the National Park System; and (2) coordinating and complementing actions by the Corporation, Pennsylvania, local governments, and nonprofit agencies in the preservation and interpretation of significant resources within the Corridor and greater anthracite region. Extends the Corporation, in place of the Commission, through November 18, 2019.

To reauthorize the Delaware and Lehigh National Heritage Corridor Act of 1988, and for other purposes.

SECTION 1. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT. (a) Inspection and Supervisory Fees.--Section 7(j)(4) of the United States Grain Standards Act (7 U.S.C. 79(j)(4)) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2010''. (b) Weighing and Supervisory Fees.--Section 7A(l)(3) of such Act (7 U.S.C. 79a(l)(3)) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2010''. (c) Limitation on Administrative and Supervisory Costs.--Section 7D of such Act (7 U.S.C. 79d) is amended by striking ``2005'' and inserting ``2010''. (d) Authorization of Appropriations.--Section 19 of such Act (7 U.S.C. 87h) is amended by striking ``2005'' and inserting ``2010''. (e) Advisory Committee.--Section 21(e) of such Act (7 U.S.C. 87j) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2010''. (f) Effective Date.--The amendments made by this section shall take effect as of September 30, 2005. SEC. 2. PERFORMANCE OF OFFICIAL INSPECTION AND WEIGHING ACTIVITIES AT EXPORT PORT LOCATIONS OF GRAIN UNDER UNITED STATES GRAIN STANDARDS ACT. (a) Official Inspection Authority and Funding.--Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is amended-- (1) in subsection (e)-- (A) by striking ``(e)(1) Except as otherwise provided in paragraph (2) of this subsection'' and inserting the following: ``(e) Official Inspection at Export Port Locations; Use of State Agencies and Private Entities.-- ``(1) In general.--Except as otherwise provided in paragraphs (2) and (3)''; and (B) by striking paragraph (3) and inserting the following: ``(3) Use of private entities.-- ``(A) In general.--If the Secretary determines that a person or private entity is qualified to perform official inspection and meets the criteria of subsection (f)(1)(A), the Secretary may use the person or private entity to perform all or specified functions involved in official inspection (other than appeal inspection and such other functions as may be specified in the regulations prescribed under subparagraph (B)) at export port locations. ``(B) Requirements.-- ``(i) Regulations.--A person or private entity described in subparagraph (A) shall be subject to such rules, regulations, instructions, and oversight as the Secretary may prescribe. ``(ii) Responsibility of secretary.-- Notwithstanding the use of persons or private entities to perform specified functions involved in official inspections at export port locations, official inspection shall continue to be the direct responsibility of the Secretary. ``(C) Termination.--The use of a person or private entity to perform official inspections at an export port location under subparagraph (A)-- ``(i) shall terminate at the such time as specified by the Secretary, but not later than the date that is three years after the date of the initial performance of official inspections by the person or private entity at the export port location; and ``(ii) may be terminated by the Secretary, at the discretion of the Secretary, at any time after notice to the person or private entity without opportunity for a hearing. ``(D) Renewal.--The use of a person or private entity to perform official inspections at an export port location under subparagraph (A) may be renewed in accordance with the regulations prescribed under subparagraph (B). ``(E) Reporting requirement.--Not later than February 15 of each even-numbered year, the Secretary shall submit to Congress a report detailing the Secretary's use of the authority provided by subparagraph (A), during the preceding two-year period, to contract with persons or private entities to perform official inspections at export port locations. Each report shall identify each export port location at which the persons and private entities are used, the number of official inspection personnel utilized, and the types of official inspection and official weighing functions performed.''; (2) in subsection (f)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``or private entity'' after ``or any person''; and (II) by striking ``or person'' and inserting ``, person, or private entity''; and (ii) in the matter preceding clause (i) of subparagraph (A), by striking ``or person'' each place it appears and inserting ``, person, or private entity''; and (B) in paragraph (4), by striking ``or person'' and inserting ``, person, or private entity''; and (3) in subsection (j)-- (A) in the first sentence of paragraph (2), by inserting ``and private entity'' after ``each State agency''; and (B) in the first sentence of paragraph (4), by striking ``and State agencies'' and inserting ``and delegated State agencies and private entities''. (b) Weighing Authority.--Section 7A of the United States Grain Standards Act (7 U.S.C. 79a) is amended-- (1) in subsection (c)(2)-- (A) in the first sentence-- (i) by inserting ``or private entity'' after ``to the State agency''; and (ii) by striking ``agency or person'' each place it appears and inserting ``agency, private entity, or person''; and (B) in the second sentence-- (i) by striking ``agency or person'' each place it appears and inserting ``agency, private entity, or person''; (ii) by inserting ``or private entity'' after ``any person''; and (iii) by striking ``agency, or person'' and inserting ``agency, private entity, or person''; (2) in subsection (h), by striking ``agency or person'' and inserting ``agency, private entity, or person''; (3) in subsection (i)-- (A) in paragraph (1), by striking ``agency or person'' and inserting ``agency, private entity, or person''; and (B) in paragraph (2), by striking ``or State agency'' and inserting ``, State agency, or private entity''; and (4) in subsection (l)-- (A) in the first sentence of paragraph (2)-- (i) by striking ``Each agency'' and inserting ``Each agency or private entity''; (ii) by inserting ``, private entity,'' after ``each agency''; (iii) by inserting ``or private entity'' after ``the agency''; and (iv) by inserting ``and private entities'' after ``such agencies''; and (B) in paragraph (3)-- (i) in the first sentence, by inserting ``, private entities,'' after ``on agencies''; and (ii) in the second sentence, by inserting ``or private entity'' after ``by a State''. (c) Licenses and Authorizations.--Section 8(g) of the United States Grain Standards Act (7 U.S.C. 84(g)) is amended-- (1) by inserting ``or private entities'' after ``State agencies''; and (2) by inserting ``or private entities'' after ``all persons''. SEC. 3. INAPPLICABILITY OF GEOGRAPHIC BOUNDARIES FOR DESIGNATED OFFICIAL AGENCIES. (a) Official Inspection.--Subsection (f) of section 7 of such Act (7 U.S.C. 79) is amended-- (1) in paragraph (2), by striking ``Not more than one official agency designated under paragraph (1) or State delegated authority under subsection (e)(2)'' and inserting ``Subject to paragraph (5), not more than one official agency designated under paragraph (1)''; and (2) by adding at the end the following new paragraph: ``(5) The geographic boundary limitations applicable to official agencies under paragraph (2) do not apply to export port locations, and the Secretary may use more than one person or private entity selected under subsection (e)(3) to perform official inspections at an export port location.''. (b) Official Weighing.--Subsection (i) of section 7A of such Act (7 U.S.C. 79a) is amended-- (1) in paragraph (2), by striking ``Not more than one designated official agency referred to in paragraph (1) or State agency delegated authority pursuant to subsection (c)(2)'' and inserting ``Subject to paragraph (3), not more than one designated official agency referred to in paragraph (1)''; and (2) by adding at the end the following new paragraph: ``(3) Inapplicability of geographic boundaries to export port locations.--The geographic boundary limitations applicable to designated official agencies under paragraph (2) do not apply to export port locations, and the Secretary may assign more than one designated person or private entity to perform official weighing at an export port location.''.

Amends the United States Grain Standards Act to extend: (1) authority for inspection, weighing, and supervisory fees, supervisory and administrative cost limitations, and the advisory committee; and (2) authorization of appropriations. Authorizes with respect to export port locations of grain: (1) private entity performance of official inspection and weighing activities; and (2) use of more than one designated person or entity to perform such activities. (Makes certain geographic boundary provisions inapplicable to designated agencies at export port locations.)

To reauthorize the United States Grain Standards Act, to facilitate the official inspection at export port locations of grain required or authorized to be inspected under such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioids and STOP Pain Initiative Act''. SEC. 2. ESTABLISHMENT. There is established an Opioids and STOP Pain Initiative, to be administered by the Director of the National Institutes of Health, in coordination with other agencies, as appropriate, which shall include efforts to support research on the following: (1) Section 108 of the Comprehensive Addiction and Recovery Act of 2016 (42 U.S.C. 284q-1), known as the STOP Pain Act, which directs the National Institutes of Health to intensify and coordinate fundamental, translational, and clinical research with respect to-- (A) the understanding of pain; (B) the discovery and development of therapies for chronic pain; and (C) the development of alternatives to opioids for effective pain treatments. (2) Developing improved options and evidence for medication-assisted treatment. (3) Developing improved options and evidence for opioid overdose reversal treatments. (4) The Federal Pain Research Strategy, including research that focuses on-- (A) novel drugs, non-addictive, and non- pharmacological treatments for pain; (B) screening tools and outcome measures for assessments across the continuum of pain; (C) national registries, datasets, and research networks; (D) effective models of care delivery for pain management; and (E) precision medicine methodology to prevent and treat pain. (5) The components of the Department of Health and Human Services five-point strategy to address the opioid crisis that states: ``Providing support for cutting edge research on pain and addiction''. (6) The pain therapy screening program established under section 4. (7) Other elements that the Secretary of Health and Human Services may designate, in consultation with the Director of the National Institutes of Health. SEC. 3. FUNDING FOR THE OPIOIDS AND STOP PAIN INITIATIVE. (a) In General.--There is authorized to be appropriated, and there is appropriated, $5,000,000,000, to be used during the 5-fiscal year period beginning in the fiscal year in which such funds are appropriated, to the National Institutes of Health Innovation Account to be used to administer the Opioids and STOP Pain Initiative established under section 2. (b) Emergency Spending.-- (1) In general.--Amounts appropriated under subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in the senate.--In the Senate, amounts appropriated under subsection (a) are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. SEC. 4. PAIN THERAPY SCREENING PROGRAM. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall carry out through the National Institutes of Health a program to be known as the ``Pain Therapy Screening Program'' that focuses on the development of pain therapeutics. (b) Grants.--The Secretary shall award grants under the program under subsection (a) to eligible public and private nonprofit entities to support the development of new pre-clinical models for pain disorders, and the application of these models in drug, device, or other therapy screening. (c) Model.--The program under this section shall be modeled after the Epilepsy Therapy Screening Program carried out by the National Institute of Neurological Disorders and Stroke. (d) Fees.--The Secretary of Health and Human Services may assess reasonable fees on private pharmaceutical or medical device industry entities that utilize the program under this section to screen proprietary molecular compounds and devices. Such fees shall be paid to the Foundation for the National Institutes of Health and transferred to the NIH Innovation Account to be used for the Opioids and STOP Pain Initiative established under section 2. (e) Funding.--The Director of the National Institutes of Health shall determine the amount, and allocate, funds from the amount appropriated under section 3, to carry out this section. SEC. 5. FUNDING PROVISIONS. (a) Supplement Not Supplant.--Amounts appropriated in this Act (including the amendments made by this Act) shall be used to supplement, not supplant, current funding for pain and opioid research at the National Institutes of Health. (b) Acceptance of Donations.--Notwithstanding section 1342 of title 31, United States Code, the Secretary of Health and Human Services may accept donations (including from the pharmaceutical and medical device industries) to be used to assist in carrying out programs and activities under this Act (and the amendments made by this Act). Such donations shall be paid to the Foundation for the National Institutes of Health and transferred to the NIH Innovation Account to be used for the Opioids and STOP Pain Initiative established under section 2. (c) Inclusion of Contribution Amounts in Basic Research for Purposes of Research Credit.-- (1) In general.--Paragraph (6) of section 41(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Opioids and stop pain initiative.--The National Institutes of Health, if the payment is made in support of the Opioids and STOP Pain Initiative, as established by the Opioids and STOP Pain Initiative Act.''. (2) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. AUTHORITY. Notwithstanding any other provision of the law, the Director of the National Institutes of Health may use funds available under section 3 to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to the Opioids and STOP Pain Initiative established under section 2. SEC. 7. REPORTS. (a) Annual Reports.--Not later than October 1 of each of fiscal years 2019 through 2026, the Director of the National Institutes of Health shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, a report that includes-- (1) the amount obligated or expended in the fiscal year prior to the fiscal year in which the report is being submitted for each program or activity described in this Act (or an amendment made by this Act); (2) a description of all such programs or activities carried out using funds provided under this Act (or amendments); and (3) a description of how such programs or activities are advancing public health, including the impact on treating pain and addressing opioid misuse in the United States. (b) Additional Reports.--At the request of the Committee on Health, Education, Labor, and Pensions or the Committee on Appropriations of the Senate, or the Committee on Energy and Commerce or the Committee on Appropriations of the House of Representatives, the Director of the National Institutes of Health shall provide to the relevant Committee an update in the form of testimony and additional reports concerning the allocation of funding under this Act (or the amendments made by this Act) or the description of the programs and activities carried out with such funding.

Opioids and STOP Pain Initiative Act This bill establishes and provides funds for the Opioids and STOP Pain Initiative at the National Institutes of Health (NIH) to support pain-related research, including: understanding pain, therapies for chronic pain, and alternatives to opioids for pain treatment as directed in the Comprehensive Addiction and Recovery Act of 2016; improving options and evidence for medication-assisted treatment and opioid overdose reversal treatments; and supporting the Federal Pain Research Strategy. NIH must establish the Pain Therapy Screening Program to award grants to support the development of new pre-clinical models for pain disorders, and the application of these models in drug, device, or other therapy screening.

Opioids and STOP Pain Initiative Act

SECTION 1. ESTABLISHMENT OF BOARD OF INQUIRY. (a) Establishment.--There is hereby established the Board of Inquiry into the September 11, 2001, Terrorist Attacks (in this Act referred to as the ``Board''). (b) Membership.-- (1) Composition.--The Board shall be composed of 12 members of whom-- (A) four shall be appointed by the President; (B) two shall be appointed by the Majority Leader of the Senate, of whom-- (i) one shall be a Senator; and (ii) one shall be from private life; (C) two shall be appointed by the Minority Leader of the Senate, of whom-- (i) one shall be a Senator; and (ii) one shall be from private life; (D) two shall be appointed by the Speaker of the House of Representatives, of whom-- (i) one shall be a Member of the House of Representatives; and (ii) one shall be from private life; and (E) two shall be appointed by the Minority Leader of the House of Representatives, of whom-- (i) one shall be a Member of the House of Representatives; and (ii) one shall be from private life. (2) Qualifications of individuals appointed from private life.--The members of the Board appointed from private life under paragraph (1) shall be individuals who have demonstrated ability and accomplishment in government, business, law, higher education, or another appropriate profession and who have a substantial background in national security matters. (3) Date.--The appointments of the members of the Board shall be made not later than thirty days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members of the Board shall be appointed for the life of the Board. Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Chairman and Vice Chairman.--The Board shall select a Chairman and Vice Chairman from among its members. (e) Meetings.-- (1) In general.--The Board shall meet at the call of the Chairman. (2) Initial meeting.--Not later than fifteen days after the date on which all members of the Board have been appointed, the Board shall hold its first meeting. (f) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings, take testimony, or receive evidence. SEC. 2. DUTIES OF BOARD. The Board shall conduct a thorough study of matters relating to the September 11, 2001, terrorist attacks on the World Trade Centers in New York and the Pentagon, and the hijackings which proceeded the attacks, to determine what systemic problems in the collection, analysis, or dissemination of intelligence, or other systemic problems in the intelligence, law enforcement, and other elements of the Federal Government with responsibility for intelligence-related matters or counter-terrorism, need to be corrected to prevent further terrorist attacks on the United States. SEC. 3. REPORTS. (a) Initial Report on Plan for Work.--Not later than 30 days after the first meeting of the Board under section 1, the Board shall submit to Congress a report setting for a plan for the work of the Board under this Act. (b) Preliminary Report.--Not later than six months after the date of the first meeting of the Board, the Board shall submit to Congress a report on the work of the Board under this Act as of the date of such report, together with any preliminary findings of the Board as of the date of such report. (c) Final Report.--Not later than one year after the first meeting of the Board, the Board shall submit to Congress a final report on the work of the Board under this Act. The report shall contain a detailed statement of the findings and conclusions of the Board, together with its recommendations for such legislation and administrative actions as it considers appropriate. (d) Form of Reports.--Each report under this section shall be submitted in unclassified form, but may include a classified annex. SEC. 4. POWERS OF BOARD. (a) Hearings.--The Board or, at its direction, any subcommittee or member of the Board may, for the purpose of carrying out this Act-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Board or such subcommittee or member considers advisable. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas under subsection (a) shall be issued in accordance with such procedures as the Board shall establish, shall bear the signature of the Chairman of the Board, and shall be served by any person or class of persons designated by the Chairman for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found 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 that court. (c) Witness Allowances and Fees.--Section 1821 of title 28, United States Code, shall apply to witnesses requested or subpoenaed to appear at any hearing of the Board. The per diem and mileage allowances for witnesses shall be paid from funds available to pay the expenses of the Board. (d) Information From Federal Agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out this Act. Upon request of the Chairman of the Board, the head of such department or agency shall furnish such information to the Board. (e) Postal Services.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property. SEC. 5. PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. All members of the Board who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Board 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 Board. (c) Staff.-- (1) In general.--The Chairman of the Board may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Board to perform its duties. The employment of an executive director shall be subject to confirmation by the Board. (2) Compensation.--The Chairman of the Board may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Security Clearances.-- (1) Requirement for access to classified information.-- Members and staff of the Board may not have access to classified information unless such individuals possess a security clearance appropriate for access to such information. (2) Expedited investigations.--The Attorney General shall take appropriate actions to ensure that the investigation required to issue a security clearance appropriate for the work of the Board to any member of the Board appointed from private life who does not possess such security clearance is completed not later than 60 days after the date of the appointment of such member to the Board. (e) Detail of Government Employees.--Any Federal Government employee may be detailed to the Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Procurement of Temporary and Intermittent Services.--The Chairman of the Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. APPLICABILITY OF CERTAIN ADMINISTRATIVE LAWS. (a) Laws Relating to Classified Information.--All laws, executive orders, regulations, and other rules governing the protection of classified information, including laws, executive orders, regulations, and other rules prohibiting the unauthorized release of classified information, shall apply to the members and staff of the Board with respect to any information obtained, examined, or otherwise reviewed by the Board under this Act. (b) FACA.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Board under this Act. (c) Records Laws.-- (1) FOIA.--Subject to paragraph (2), the provisions of section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''), shall not apply to the activities of the Board under this Act. (2) Limitation.--Upon transfer to the National Archives and Records Administration, any records, documents, or other papers of the Board shall be subject to the provisions of section 552 of title 5, United States Code. (3) Federal records act.--The provisions of title 44, United States Code, shall apply to the records, documents, and other papers of the Board under this Act. SEC. 7. TERMINATION OF BOARD. The Board shall terminate 30 days after the date on which the Board submits its final report under section 3(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $1,500,000 for fiscal year 2002 to the Board to carry out this Act. (b) Availability.--Any sums appropriated under the authorization of appropriations in subsection (a) shall remain available, without fiscal year limitation, until expended.

Establishes the Board of Inquiry into the September 11, 2001, Terrorist Attacks. Directs the Board to study matters relating to the attacks on the World Trade Centers in New York and the Pentagon and the hijackings which preceded the attacks to determine what systemic problems in the collection, analysis, or dissemination of intelligence or in the intelligence, law enforcement, and other elements of the Government with responsibility for intelligence-related matters or counter-terrorism need to be corrected to prevent further attacks.

A bill to establish a board if inquiry to review the activities of United States intelligence, law enforcement, and other agencies leading up to the terrorist attacks of September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Sexual Violence Elimination Act'' or the ``Campus SaVE Act''. SEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE, AND STALKING EDUCATION AND PREVENTION. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by amending paragraph (8) to read as follows: ``(8)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding-- ``(i) such institution's sexual assault and other intimate partner violence programs, which shall be aimed at prevention of sex offenses and other intimate partner violence, including stalking, dating violence, sexual violence, and domestic violence offenses; ``(ii) the procedures followed once a sex offense or other intimate partner violence, including stalking, dating violence, sexual violence, or domestic violence offenses has occurred, which shall include-- ``(I) providing, in writing, to each student or employee who reports to the institution that he or she has been a victim of a sex offense or other intimate partner violence-- ``(aa) an explanation of the right of victims of such offenses to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student or employee so chooses; ``(bb) an explanation of the right of victims of such offenses, when relevant, to obtain an order of protection, no contact order, restraining order, or similar lawful order issued by a criminal or civil court or enforce an order already in existence; and ``(cc) contact information for advocacy, counseling, health, mental health, legal assistance and other services available to victims both on-campus and in the local community; and ``(II) the institution honoring any order of protection, no contact order, restraining order, or similar lawful order issued by any criminal or civil court. ``(B) The policy described in subparagraph (A) shall address the following areas: ``(i) Education programs to promote the awareness of sex offenses and other intimate partner violence, including stalking, dating violence, sexual violence, and domestic violence offenses, which shall include-- ``(I) primary prevention and awareness programming for all incoming students and new employees, including information about-- ``(aa) the definition of consent in sexual relationships; ``(bb) reporting such sex offenses, including those offenses occurring on and off campus; ``(cc) bystander intervention; and ``(dd) risk reduction; and ``(II) ongoing prevention and awareness campaigns to students and faculty, including information described in items (aa) through (dd) of subclause (I). ``(ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding sex offenses or other intimate partner violence. ``(iii) Procedures victims should follow if a sex offense described in clause (ii) occurs, including who should be contacted, the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged offense should be reported. ``(iv) Procedures for on-campus disciplinary action in cases of an alleged sexual offense or other intimate partner violence, including stalking, dating violence, sexual violence, or domestic violence offenses, which shall include a clear statement that-- ``(I) any accuser shall have the opportunity to request that prompt disciplinary proceedings be initiated against the accused; ``(II) such proceedings shall-- ``(aa) be conducted by officials trained to understand the issues of sex offenses and other intimate partner violence; and ``(bb) use the preponderance of the evidence standard; ``(III) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and ``(IV) both the accuser and the accused shall be informed, in writing, of the final results of any institutional disciplinary proceeding brought alleging a sex offense or other intimate partner violence within one business day of such outcome being reached. ``(v) A student or employee who reports to the institution that he or she have been the victim of a sex offense or intimate partner violence shall receive notification of options for, and available assistance in, changing academic, living, transportation, and working situations, if such assistance is requested by the student or employee and if such accommodations are reasonably available. ``(C) Nothing in this paragraph shall be construed to confer a private right of action upon any person to enforce the provisions of this paragraph.''; (2) in paragraph (6), by adding at the end of subparagraph (A) the following new clauses: ``(iv) The term `intimate partner violence'-- ``(I) means any physical, sexual, or psychological harm against an individual by a current or former partner or spouse of the individual; ``(II) includes stalking, dating violence, sexual violence, or domestic violence offense; ``(III) includes such harm against individuals in heterosexual and same- sex relationships; and ``(IV) does not require sexual intimacy between the individual and such partner or spouse. ``(v) The term `stalking' means an individual willfully and repeatedly engaging in a knowing course of harassing conduct directed at another individual that reasonably and seriously alarms, torments, or terrorizes such individual. ``(vi) The term `primary prevention' means programming and strategies intended to stop sexual and intimate partner violence before it occurs through the changing of social norms and other approaches. ``(vii) The term `awareness programming' means any program designed to alert students to the prevalence of intimate partner violence, sexual violence, and stalking, including-- ``(I) discussions of the nature and number of cases of intimate partner violence, sexual violence, forcible sex offenses, and stalking reported at an institution of higher education in the 3 preceding calendar years; ``(II) statistics on the outcomes of disciplinary proceedings for such cases at such institution; and ``(III) risk factors associated with such cases, including physically, sexually, and psychologically controlling behavior. ``(viii) The term `bystander intervention' means safe and positive options that may be carried out by an individual to prevent or intervene when there is a risk of sexual violence against a person other than such individual. ``(ix) The term `risk reduction' means options for recognizing warning signs of abusive personalities and how to fight back against potential attackers. ``(x) The term `final results' means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the institution. The disclosure of final results shall include only the name of the accused, the violation alleged (including any institutional rules or code sections that were allegedly violated), essential findings supporting such final result, and any sanction imposed by the institution against the accused (including a description of any disciplinary action taken by the institution, the date of the imposition of such action, and the duration of such action).''; and (3) by adding at the end of paragraph (16) the following new sentence: ``The Secretary shall seek the advice and counsel of the Attorney General concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of sex offenses, forcible and nonforcible, and other intimate partner violence including stalking, dating violence, sexual violence, and domestic violence offenses.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect with respect to any annual security report under section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution of higher education in calendar year 2012 and any subsequent calendar year.

Campus Sexual Violence Elimination Act or Campus SaVE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding its sexual assault and other intimate partner violence programs and the procedures it follows when such an offense occurs. Requires such procedures to include the provision, in writing, to students or employees that report to the IHE that they have been the victim of such an offense: (1) an explanation of their right to notify proper law enforcement authorities and their option to be assisted by campus authorities in doing so; (2) an explanation of their right to obtain protective orders or enforce protective orders that are already in existence, which the IHE must honor; and (3) contact information for victim services on-campus and in the locality. Requires an IHE's policy regarding sexual assault and other intimate partner violence to include: (1) education that promotes awareness of the offenses; (2) possible sanctions imposed following disciplinary action; (3) procedures victims should follow after such an offense occurs; (4) on-campus disciplinary procedures; and (5) the notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations. Directs the Secretary of Education to seek the Attorney General's counsel regarding the development, and dissemination to IHEs, of best practices for preventing and responding to sex offenses and other intimate partner violence.

A bill to amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, intimate partner violence, and stalking.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Police and Fire Station Modernization Act of 2008''. SEC. 2. POLICE AND FIRE DEPARTMENT BONDS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart I--Qualified Tax Credit Bonds ``Sec. 54A. Credit to holders of qualified tax credit bonds. ``Sec. 54B. Police and fire department bonds. ``SEC. 54A. CREDIT TO HOLDERS OF QUALIFIED TAX CREDIT BONDS. ``(a) Allowance of Credit.--If a taxpayer holds a qualified tax credit bond on one or more credit allowance dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified tax credit bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified tax credit bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (2), the applicable credit rate is the rate which the Secretary estimates will permit the issuance of qualified tax credit bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. The applicable credit rate with respect to any qualified tax credit bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C and this subpart). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year). ``(d) Qualified Tax Credit Bond.--For purposes of this section-- ``(1) Qualified tax credit bond.--The term `qualified tax credit bond' means a police and fire department bond which is part of an issue that meets the requirements of paragraphs (2), (3), (4), and (5). ``(2) Special rules relating to expenditures.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects-- ``(i) 100 percent or more of the available project proceeds to be spent for 1 or more qualified purposes within the 3-year period beginning on such date of issuance, and ``(ii) a binding commitment with a third party to spend at least 10 percent of such available project proceeds will be incurred within the 6-month period beginning on such date of issuance. ``(B) Failure to spend required amount of bond proceeds within 3 years.-- ``(i) In general.--To the extent that less than 100 percent of the available project proceeds of the issue are expended by the close of the expenditure period for 1 or more qualified purposes, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(ii) Expenditure period.--For purposes of this subpart, the term `expenditure period' means, with respect to any issue, the 3-year period beginning on the date of issuance. Such term shall include any extension of such period under clause (iii). ``(iii) Extension of period.--Upon submission of a request prior to the expiration of the expenditure period (determined without regard to any extension under this clause), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within the original expenditure period is due to reasonable cause and the expenditures for qualified purposes will continue to proceed with due diligence. ``(C) Qualified purpose.--For purposes of this paragraph, the term `qualified purpose' means a purpose specified in section 54B(a)(1). ``(D) Reimbursement.--For purposes of this subtitle, available project proceeds of an issue shall be treated as spent for a qualified purpose if such proceeds are used to reimburse the issuer for amounts paid for a qualified purpose after the date that the Secretary makes an allocation of bond limitation with respect to such issue, but only if-- ``(i) prior to the payment of the original expenditure, the issuer declared its intent to reimburse such expenditure with the proceeds of a qualified tax credit bond, ``(ii) not later than 60 days after payment of the original expenditure, the issuer adopts an official intent to reimburse the original expenditure with such proceeds, and ``(iii) the reimbursement is made not later than 18 months after the date the original expenditure is paid. ``(3) Reporting.--An issue shall be treated as meeting the requirements of this paragraph if the issuer of qualified tax credit bonds submits reports similar to the reports required under section 149(e). ``(4) Special rules relating to arbitrage.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this paragraph if the issuer satisfies the requirements of section 148 with respect to the proceeds of the issue. ``(B) Special rule for investments during expenditure period.--An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any investment of available project proceeds during the expenditure period. ``(C) Special rule for reserve funds.--An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any fund which is expected to be used to repay such issue if-- ``(i) such fund is funded at a rate not more rapid than equal annual installments, ``(ii) such fund is funded in a manner reasonably expected to result in an amount not greater than an amount necessary to repay the issue, and ``(iii) the yield on such fund is not greater than the discount rate determined under paragraph (5)(B) with respect to the issue. ``(5) Maturity limitation.-- ``(A) In general.--An issue shall not be treated as meeting the requirements of this paragraph if the maturity of any bond which is part of such issue exceeds the maximum term determined by the Secretary under subparagraph (B). ``(B) Maximum term.--During each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 50 percent of the face amount of such bond. Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next highest whole year. ``(e) Other Definitions.--For purposes of this subchapter-- ``(1) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(2) Bond.--The term `bond' includes any obligation. ``(3) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the issuance costs financed by the issue (to the extent that such costs do not exceed 2 percent of such proceeds), and ``(B) the proceeds from any investment of the excess described in subparagraph (A). ``(f) Credit Treated as Interest.--For purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income. ``(g) S Corporations and Partnerships.--In the case of a tax credit bond held by an S corporation or partnership, the allocation of the credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution. ``(h) Bonds Held by Regulated Investment Companies and Real Estate Investment Trusts.--If any qualified tax credit bond is held by a regulated investment company or a real estate investment trust, the credit determined under subsection (a) shall be allowed to shareholders of such company or beneficiaries of such trust (and any gross income included under subsection (f) with respect to such credit shall be treated as distributed to such shareholders or beneficiaries) under procedures prescribed by the Secretary. ``(i) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified tax credit bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified tax credit bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(j) Termination.--This section shall not apply to bonds issued after December 31, 2014. ``SEC. 54B. POLICE AND FIRE DEPARTMENT BONDS. ``(a) In General.--For purposes of this subpart, the term `police and fire department bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by a State or local government for one or more police or fire departments of the State or local government (as the case may be), ``(2) the bond is issued by a State or local government, and ``(3) the issuer designates such bond for purposes of this section. ``(b) Limitation on Amount of Bonds Designated.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated to such issuer under subsection (d). ``(c) National Limitation on Amount of Bonds Designated.--There is a national police and fire department bond limitation of $3,000,000,000. ``(d) Allocations.-- ``(1) In general.--The limitation applicable under subsection (c) shall be allocated by the Secretary among the States in proportion to the population of the States. ``(2) Allocations to largest local governments.-- ``(A) In general.--In the case of any State in which there is a large local government, each such local government shall be allocated a portion of such State's allocation which bears the same ratio to the State's allocation (determined without regard to this subparagraph) as the population of such large local government bears to the population of such State. ``(B) Allocation of unused limitation to state.-- The amount allocated under this subsection to a large local government may be reallocated by such local government to the State in which such local government is located. ``(C) Large local government.--For purposes of this section, the term `large local government' means any municipality or county if such municipality or county has a population of 500,000 or more. ``(e) Population.-- ``(1) In general.--The population of any State or local government shall be determined for purposes of this section as provided in section 146(j) for the calendar year which includes the date of the enactment of this section. ``(2) Special rule for counties.--In determining the population of any county for purposes of this section, any population of such county which is taken into account in determining the population of any municipality which is a large local government shall not be taken into account in determining the population of such county.''. (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(9) Reporting of credit on qualified tax credit bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54A and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A(e)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Conforming Amendments.-- (1) Sections 54(c)(2) and 1400N(l)(3)(B) of such Code are each amended by striking ``subpart C'' and inserting ``subparts C and I''. (2) Section 1397E(c)(2) of such Code is amended by striking ``subpart H'' and inserting ``subparts H and I''. (3) Section 6401(b)(1) of such Code is amended by striking ``and H'' and inserting ``H, and I''. (4) The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to subpart H the following new item: ``subpart i. qualified tax credit bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2008. SEC. 3. APPLICATION OF CERTAIN LABOR STANDARDS ON PROJECTS FINANCED UNDER TAX CREDIT BONDS. Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of any tax credit bond (as defined in section 54A of the Internal Revenue Code of 1986).

Police and Fire Station Modernization Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for investment in bonds to finance capital expenditures for state and local police or fire departments. Terminates such credit after 2014.

To amend the Internal Revenue Code of 1986 to authorize tax credit bonds for capital improvements for police and fire departments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fracture Prevention and Osteoporosis Testing Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1997, Congress has recognized the importance of osteoporosis prevention by standardizing reimbursement under the Medicare program for bone mass measurement. (2) One decade later, osteoporosis remains underdiagnosed and untreated despite numerous Federal initiatives, including recommendations of the United States Preventive Services Task Force, the 2004 United States Surgeon General's Report on Bone Health and Osteoporosis, and inclusion of bone mass measurement in the Welcome to Medicare exam. (3) Even though osteoporosis is a highly manageable disease, many patients lack access to early diagnosis that can prevent debilitating fractures, morbidity, and loss of mobility. (4) Although Caucasians are most likely to sustain osteoporosis fractures, the cost of fractures among the nonwhite population is projected to increase by as much as 180 percent over the next 20 years. (5) Black women are more likely than White women to die following a hip fracture. (6) Osteoporosis is a critical women's health issue. Women account for 71 percent of fractures and 75 percent of osteoporosis-associated costs. (7) The World Health Organization, the Centers for Medicare & Medicaid Services, and other medical experts concur that the most widely accepted method of measuring bone mass to predict fracture risk is dual-energy x-ray absorptiometry (in this Act referred to as ``DXA''). Vertebral fracture assessment (in this Act referred to as ``VFA'') is another test used to identify patients at high risk for future fracture. (8) Unlike other imaging procedures, bone mass measurement testing remains severely underutilized with less than 20 percent of eligible Medicare beneficiaries taking advantage of the benefit. (9) Underutilization of bone mass measurement will strain the Medicare budget because-- (A) 55 percent of the people age 50 and older in 2002 had osteoporosis or low bone mass; (B) more than 61,000,000 people in the United States are projected to have osteoporosis or low bone mass in 2020, as compared to 43,000,000 in 2002; (C) osteoporosis fractures are projected to increase by almost 50 percent over the next 2 decades with at least 3,000,000 fractures expected to occur annually by 2025; (D) the population aged 65 and older represents 89 percent of fracture costs; and (E) the economic burden of osteoporosis fractures are projected to increase by 50 percent over the next 2 decades, reaching $25,300,000,000 in 2025. (10) Underutilization of bone mass measurement will also strain the Medicaid budget, which funds treatment for osteoporosis in low-income Americans. (11) Reimbursement under the Medicare program for DXA provided in physician offices and other non-hospital settings was reduced by 40 percent and will be reduced by a total of 75 percent by 2010. This drop represents one of the largest reimbursement reductions in the history of the Medicare program. Reimbursement for VFA will also be reduced by 50 percent by 2010. (12) The reduction in reimbursement discourages physicians from continuing to provide access to DXA or VFA in their offices. Since two-thirds of all DXA scans are performed in nonfacility settings, such as physician offices, patient access to bone mass measurement will be severely compromised when physicians discontinue providing those tests in their offices, thereby exacerbating the current underutilization of the benefit. SEC. 3. MINIMUM PAYMENT FOR BONE MASS MEASUREMENT. (a) In General.--Section 1848(b) of the Social Security Act (42 U.S.C. 1395w-4(b)) is amended by adding at the end the following: ``(5) Treatment of bone mass scans.--Notwithstanding the provisions of paragraph (1), the Secretary shall establish a national minimum payment amount for CPT code 77080 (relating to dual-energy x-ray absorptiometry) and CPT code 77082 (relating to vertebral fracture assessment), and any successor to such codes as identified by the Secretary. Such minimum payment amount shall not be less than 100 percent of the reimbursement rates in effect for such codes (or predecessor codes) on December 31, 2006.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to bone mass measurement furnished on or after January 1, 2008. SEC. 4. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE. (a) In General.--The Secretary of Health and Human Services shall enter into an arrangement with the Institute of Medicine of the National Academies to conduct a study on the following: (1) The ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits in general and in rural and minority communities specifically. (2) Methods to increase use of bone mass measurement by Medicare beneficiaries. (b) Report.--The agreement entered into under subsection (a) shall provide for the Institute of Medicine to submit to the Secretary and the Congress, not later than 1 year after the date of the enactment of this Act, a report containing a description of the results of the study conducted under such subsection and the conclusions and recommendations of the Institute of Medicine regarding each of the issues described in paragraphs (1) and (2) of such subsection.

Medicare Fracture Prevention and Osteoporosis Testing Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a national minimum payment amount for CPT code 77080 (relating to dual energy x-ray absorptiometry, or DXA, the most widely accepted method of measuring bone mass to predict fracture risk) and CPT code 77082 (relating to vertebral fracture assessment, or VFA), and any successor to such codes as identified by the Secretary (bone mass scans). Directs the Secretary to arrange with the Institute of Medicine of the National Academies to conduct a study for a report to the Secretary and Congress on: (1) the ramifications of Medicare reimbursement reductions for DXA and VFA on beneficiary access to bone mass measurement benefits; and (2) the methods to increase use of bone mass measurement by Medicare beneficiaries.

To amend title XVIII of the Social Security Act to improve access to, and increase utilization of, bone mass measurement benefits under the Medicare part B Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Neighborhoods from Oil Pollution Act of 2011''. SEC. 2. OIL STORAGE AND PROCESSING FACILITIES. Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended by adding at the end the following: ``(s) Oil Storage and Processing Facilities.-- ``(1) Closure.--Not later than 6 months after the date of enactment of the Protecting Neighborhoods from Oil Pollution Act of 2011, the Administrator shall issue final regulations requiring an owner or operator of an oil storage or processing facility to permanently close the oil storage or processing facility if one or both of the following conditions apply: ``(A) The oil storage or processing facility is located within 1 mile of 100 or more residential units, and 2 or more covered discharges occur at the oil storage or processing facility within any 10-year period. ``(B) The oil storage or processing facility is the source of groundwater contamination affecting 100 or more residential units. ``(2) Regulations.--The Administrator shall include in regulations issued under paragraph (1) the following: ``(A) A definition of the term `permanently close', to include requirements that-- ``(i) all liquid and sludge are removed from each container and connecting line associated with the oil storage or processing facility; ``(ii) all connecting lines and piping associated with the oil storage or processing facility are disconnected from each such container and blanked off, all valves (except for ventilation valves) are closed and locked, and conspicuous signs are posted on each such container stating that it is a permanently closed container and noting the date of closure; and ``(iii) all other applicable Federal laws and regulations are followed with respect to clean up and remediation of any other contamination at, or originating from, the oil storage or processing facility. ``(B) Any additional closure and post-closure requirements the Administrator determines appropriate. ``(C) A requirement that closure of an oil storage or processing facility be completed by one of the following deadlines, as applicable: ``(i) Not later than 1 year after the date of enactment of the Protecting Neighborhoods from Oil Pollution Act of 2011, in the case of an oil storage or processing facility at which 2 or more covered discharges have occurred on or before such date of enactment. ``(ii) Not later than 1 year after the date on which a second covered discharge occurs at the oil storage or processing facility within any 10-year period, in the case of any oil storage or processing facility not described in clause (i). ``(iii) Not later than 1 year after the date on which the Administrator determines that the oil storage or processing facility is the source of groundwater contamination affecting 100 or more residential units. ``(D) Any other requirements the Administrator determines appropriate. ``(3) Prohibited exemptions.--The Administrator may not include in regulations issued under paragraph (1) exemptions to any of the requirements of this subsection for covered discharges resulting from an act of God, an act of war, or negligence on the part of the United States Government. ``(4) Waiver and extension authority.--The Administrator may waive the requirement for closure of an oil storage or processing facility under this subsection, or grant an extension of the deadline for such closure, if the Administrator determines that the owner or operator of the facility has taken or is taking all practicable steps to remediate the condition requiring closure under paragraph (1). ``(5) Health and welfare authority.--A condition requiring closure under paragraph (1) shall be considered to be-- ``(A) a substantial threat to the public health or welfare of the United States for the purposes of subsections (c) and (e); and ``(B) an imminent and substantial endangerment to the health of persons or to the welfare of persons for the purposes of section 504. ``(6) Definitions.--For the purposes of this subsection, the following definitions apply: ``(A) Covered discharge.--The term `covered discharge' means a discharge of oil greater than 40 gallons from any source. ``(B) Oil storage or processing facility.--The term `oil storage or processing facility' means any structure, group of structures, equipment, or device, including any associated property, that is used for producing, storing, handling, transferring, processing, or transporting oil. ``(7) Rule of construction.--Nothing in this subsection shall be construed to restrict any other Federal or State authority regarding the remediation of, or other response to, a covered discharge.''.

Protecting Neighborhoods from Oil Pollution Act of 2011 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA) to issue final regulations requiring an owner or operator to permanently close any oil storage or processing facility that: (1) is located within one mile of 100 or more residential units if two or more discharges of more than 40 gallons of oil occur at such facility within any 10-year period, or (2) is the source of groundwater contamination affecting 100 or more residential units. Requires such closures to be completed by specified deadlines. Requires such regulations to define "permanently close" to require: (1) all liquid and sludge to be removed from each container and connecting line associated with such facilities; (2) all such connecting lines and piping to be disconnected from such containers and blanked off, all valves (except for ventilation valves) to be closed and locked, and conspicuous signs to be posted on each container stating that it is a permanently closed container and noting the date of closure; and (3) other applicable laws to be followed with respect to clean up and remediation of any other contamination at, or originating from, such facilities. Prohibits the Administrator from including in such regulations exemptions to any of the requirements of this Act for discharges resulting from an act of God, an act of war, or U.S. negligence. Authorizes the Administrator to waive the requirement for closure of such facilities or grant an extension of the closure deadline if the Administrator determines that such owners or operators have taken or are taking all practicable steps to remediate the condition requiring closure. Requires such conditions requiring closure to be considered to be: (1) a substantial threat to the public health or welfare of the United States for the purposes of federal removal authority and civil enforcement, or (2) an imminent and substantial endangerment to the health of persons or to the welfare of persons for the purposes of emergency powers.

To amend the Federal Water Pollution Control Act to require the closure of oil storage and processing facilities that have spilled oil multiple times near residential neighborhoods, and for other purposes.

SECTION 1. EXTENSION OF MEDICARE PRESCRIPTION DRUG INITIAL ENROLLMENT PERIODS FOR 2006 AND 2007; SUSPENSION OF LATE ENROLLMENT PENALTY THROUGH DECEMBER 31, 2007. (a) Extension of Medicare Prescription Drug Initial Enrollment Periods for 2006 and 2007.--Section 1860D-1(b)(1) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)) is amended-- (1) in subparagraph (B)(iii), by inserting ``subparagraph (D) and'' after ``Subject to''; and (2) by adding at the end the following new subparagraph: ``(D) Extension of initial enrollment periods.--For purposes of subparagraph (B)(iii), in applying section 1851(e)(1), with respect to the annual, coordinated election period-- ``(i) for 2006, such period shall begin on November 15, 2005, and end on November 14, 2006; and ``(ii) for 2007, such period shall begin on November 15, 2006, and end on November 14, 2007.''. (b) Suspension of Late Enrollment Penalty Through December 31, 2007.--Section 1860D-13(b)(3)(B) of such Act (42 U.S.C. 1395w- 113(b)(3)(B)) is amended by inserting ``(after December 2007)'' after ``any month''. SEC. 2. OPEN ENROLLMENT AND DISENROLLMENT IN PRESCRIPTION DRUG PLANS ALLOWED DURING FIRST 12 MONTHS OF ENROLLMENT. Section 1860D-1(b)(1) of the Social Security Act (42 U.S.C. 1395w- 101(b)(1)) is amended by adding at the end the following new subparagraph: ``(D) Open enrollment and disenrollment period for first 12 months of enrollment.--In establishing the process under subparagraph (A), in the case of a part D eligible individual who initially enrolls under section 1860D-1(a) in a prescription drug plan on or after the date of enactment of this paragraph, the Secretary shall permit such individual to change such enrollment into another prescription drug plan once at any time during the first 12 months of such initial enrollment (other than during an annual, coordinated election period referred to in section 1860D- 1(b)(1)(B)(iii)).''. SEC. 3. LIMITATIONS ON CHANGING PRESCRIPTION DRUG PLAN FORMULARIES; NOTICE OF CHANGE IN FORMULARY. (a) Limitation on Removal or Change of Covered Part D Drugs From the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read as follows: ``(E) Removing a drug from formulary or imposing a restriction or limitation on coverage.-- ``(i) Limitation on removal, limitation, or restriction.-- ``(I) In general.--Subject to subclause (II) and clause (ii), beginning with 2006, the PDP sponsor of a prescription drug plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) other than at the beginning of each plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(II) Special rule for newly enrolled individuals.--Subject to clause (ii), in the case of an individual who enrolls in a prescription drug plan on or after the date of enactment of this subparagraph, the PDP sponsor of such plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) during the period beginning on the date of such enrollment and ending on December 31 of the immediately succeeding plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(ii) Exceptions to limitation on removal.--Clause (i) shall not apply with respect to a covered part D drug that-- ``(I) is a brand name drug for which there is a generic drug approved under section 505(j) of the Food and Drug Cosmetic Act (21 U.S.C. 355(j)) that is placed on the market during the period in which there are limitations on removal or change in the formulary under subclause (I) or (II) of clause (i); ``(II) is a brand name drug that goes off-patent during such period; ``(III) is a drug for which the Commissioner of Food and Drugs issues a clinical warning that imposes a restriction or limitation on the drug during such period; or ``(IV) has been determined to be ineffective during such period. ``(iii) Notice of removal under application of exception to limitation.--The PDP sponsor of a prescription drug plan shall provide appropriate notice (such as under subsection (a)(3)) of any removal or change under clause (ii) to the Secretary, affected enrollees, physicians, pharmacies, and pharmacists.''. (b) Notice of Change in Formulary and Other Restrictions or Limitations on Coverage.-- (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. 1395w-104(a)) is amended by adding at the end the following new paragraph: ``(5) Annual notice of changes in formulary and other restrictions or limitations on coverage.--Each PDP sponsor offering a prescription drug plan shall furnish to each enrollee at the time of each annual coordinated election period (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year a notice of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug under the plan that will take effect for the plan year.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to annual coordinated election periods beginning after the date of the enactment of this Act.

Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to: (1) extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit; (2) suspend the late enrollment penalty through December 31, 2007; and (3) permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment. Prohibits a PDP sponsor, beginning with 2006, from removing a covered part D drug from the plan formulary, or imposing a restriction or limitation on the coverage of such a drug, other than at the beginning of each plan year, except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. Requires each PDP sponsor to furnish to each plan enrollee, at the time of each annual coordinated election period, a notice of any changes in the formulary or other part D drug coverage restrictions or limitations that will take effect for the upcoming plan year.

To amend part D of title XVIII of the Social Security Act to extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit and suspend the late enrollment penalty through December 31, 2007, to permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment, and to prevent changes in formularies other than at the time of open enrollment periods and only with advance notice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Commission Reform Act''. SEC. 2. FINDINGS. (a) Headquarters.--Congress finds that-- (1) regional commissions, such as the Delta Regional Authority, the Denali Commission, and the Northern Border Regional Commission, are each headquartered in their respective region; (2) headquartering regional commissions within the region affected is a sensible approach to ensure that the commissions are housed in more affordable locations than the District of Columbia, thereby reducing administrative overhead and making the commissions closer and more accountable to the people the commissions were designed to serve; (3) the Appalachian Regional Commission (referred to in this Act as the ``Commission'') is not headquartered in Appalachia but in Washington, DC; and (4) the headquarters of the Commission should be relocated from the District of Columbia to a more affordable location in the Appalachian region so that it is closer and more accountable to the people the Commission was designed to serve. (b) Performance.--Congress finds that-- (1) the Commission was created to help foster economic opportunity and close health and educational disparities in a geographic region of the United States beleaguered by persistent poverty and high unemployment; (2) the Commission remains the sole Federal agency focused singularly on economic revitalization in the Appalachian region; (3) in 1998, Congress charged the Commission with ``address[ing] the needs of severely and persistently distressed areas of the Appalachian region and focus[ing] special attention on the areas of greatest need''; (4) the Commission has long been criticized for its shortcomings in fulfilling this mission, including in-- (A) a 1999 study titled ``Mountain Money: Federal Tax Dollars Miss the Mark in Core Appalachia'' by Mark Ferenchik and Jill Ripenhoff for the Columbus Dispatch; and (B) a 2008 book titled ``Uneven Ground: Appalachia Since 1945'' by Ronald D. Eller; (5) in 2004, the Office of Management and Budget noted the importance of the Commission ``[f]ocusing efforts on . . . targeting assistance to areas of distress''; (6) in 2017, Citizens Against Government Waste characterized the programming of the Commission as duplicative and called for drastic reductions in the budget of the Commission; (7) in 2017, the Office of Management and Budget, citing a Government Accountability Office study, concluded that the Commission should be abolished, and that conclusion was reflected in the fiscal year 2018 budget request submitted by the President; (8) these recent actions reflect a growing chorus that the Commission should be reformed; and (9) therefore, given the long-recognized shortcomings of the Commission, the long-standing criticism of the Commission, and the need to ensure its optimal performance, the time has arrived for the Commission to be reformed. (c) Persistent Poverty.--Congress finds that-- (1) using 1960 data, the Commission (which was created in 1965) concluded that there were 214 distressed counties in the Appalachian region; (2) in 2017, according to the Commission, there are 84 distressed counties in the Appalachian region, reflecting the areas of most persistent poverty in the region; and (3) therefore, the Commission should be reformed to focus its attention on the areas of most persistent poverty in the region. (d) Area Development Funding for Distressed Counties.--Congress finds that-- (1) according to the study by the Columbus Dispatch referred to in subsection (b)(4)(A), of the 22,169 grants issued by the Commission from fiscal year 1966 through fiscal year 1998, none of the 5 counties that received the most Commission funding was considered distressed, and more than \1/ 4\ of all Commission spending during that period went to States with few, if any, distressed counties; (2) according to author Ronald D. Eller in 2014, ``[the Commission] policies have concentrated resources in a select few `growth centers' in the [Appalachian] region, expanding services to the poor and growing the mountain middle class, but doing little to alter conditions in the most rural distressed counties or to address systemic political or economic inequalities throughout Appalachia''; (3) until 1995, the Commission allocated up to 20 percent of its area development grants for use in distressed counties; (4) following instructions given to the Commission by the Committees on Appropriations of the Senate and the House of Representatives in 1995, this allocation was increased by the Commission to 30 percent; (5) section 7.5(c) of the Code of the Commission (as in effect on the date of enactment of this Act) reflects this 1995 policy change and states that the Commission ``will allocate up to 30 percent of Commission area development funds for use in distressed counties'', even though, according to the Commission's public representations, economic conditions in distressed areas of the Appalachian region have not greatly improved since the 1960s; (6) given the persistent levels of poverty in the distressed counties in the Appalachian region, more area development funding and emphasis should be devoted to those counties; and (7) therefore, the allocation described in paragraph (3) should be increased to 60 percent. (e) Grant Expenditures.--Congress finds that-- (1) section 14524(d) of title 40, United States Code, provides that ``not less than 50 percent of the amount of grant expenditures the Commission approves shall support activities or projects that benefit severely and persistently distressed counties and areas''; (2) given the persistent levels of poverty in the distressed counties in the Appalachian region, more grant expenditures and emphasis should be devoted to those counties; and (3) therefore, the 50 percent threshold in section 14524(d) of title 40, United States Code, should be increased to 60 percent. SEC. 3. MISSION OF THE APPALACHIAN REGIONAL COMMISSION. Section 14301 of title 40, United States Code, is amended by striking subsection (a) and inserting the following: ``(a) Establishment and Mission.-- ``(1) Establishment.--There is an Appalachian Regional Commission (referred to in this chapter as the `Commission'). ``(2) Mission.--The mission of the Commission shall be to focus primarily on poverty reduction and economic development in areas in the Appalachian region with the most persistent poverty.''. SEC. 4. HEADQUARTERS OF THE APPALACHIAN REGIONAL COMMISSION. (a) In General.--Section 14301 of title 40, United States Code, is amended by adding at the end the following: ``(g) Headquarters.--The headquarters of the Commission shall be located in the Appalachian region.''. (b) Implementation.--The Federal Cochairman of the Commission shall take such actions as may be necessary to carry out the amendment made by subsection (a). SEC. 5. GRANT EXPENDITURES. Section 14524(d) of title 40, United States Code, is amended by striking ``50 percent'' and inserting ``60 percent''. SEC. 6. AREA DEVELOPMENT FUNDS FOR DISTRESSED COUNTIES. Section 14526(b) of title 40, United States Code, is amended-- (1) by striking ``In program and'' and inserting the following: ``(1) In general.--In program and''; and (2) by adding at the end the following: ``(2) Area development funds.-- ``(A) In general.--Of the funds made available for each fiscal year for the Area Development Program of the Commission, the Commission shall allocate not less than 60 percent for projects in counties for which a distressed county designation is in effect under this section. ``(B) Methodology.--The methodology for determining whether a county is designated as a distressed county under subsection (a)(1)(A) shall be the methodology in effect on the day before the date of enactment of the Appalachian Regional Commission Reform Act. ``(3) Report.--The Commission shall submit an annual report that describes the allocation of funds, in dollar amounts and percentage of total appropriations, for the Area Development Program to counties described in paragraph (2) to-- ``(A) the Speaker of the House of Representatives; ``(B) the minority leader of the House of Representatives; ``(C) the majority leader of the Senate; ``(D) the minority leader of the Senate; ``(E) the Committee on Appropriations of the House of Representatives; ``(F) the Committee on Appropriations of the Senate; ``(G) the Committee on Transportation and Infrastructure of the House of Representatives; and ``(H) the Committee on Environment and Public Works of the Senate.''.

Appalachian Regional Commission Reform Act This bill declares that the mission of the Appalachian Regional Commission shall be to focus primarily on poverty reduction and economic development in areas in the Appalachian region with the most persistent poverty. The headquarters of the commission shall be located in that region. The bill increases from 50% to 60% the minimum amount of the grant expenditures approved by the commission that shall support activities or projects that benefit severely and persistently distressed counties and areas. The commission shall: (1) allocate at least 60% of the funds made available each fiscal year for its Area Development Program for projects in counties designated as distressed, and (2) submit an annual report on the allocation of program funds to such counties.

Appalachian Regional Commission Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Amendments of 1993''. SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) are each amended by striking ``March 6, 1993'' and inserting ``October 2, 1993''. (b) Modification to Final Phase-Out.--Paragraph (2) of section 102(f) of such Act is amended-- (1) by striking ``March 6, 1993'' and inserting ``October 2, 1993'', and (2) by striking ``June 19, 1993'' and inserting ``January 15, 1994''. (c) Conforming Amendment.--Paragraph (1) of section 101(e) of such Act is amended by striking ``March 6, 1993'' each place it appears and inserting ``October 2, 1993''. (d) Effective Date.--The amendments made by this section shall apply to weeks beginning after March 6, 1993. SEC. 3. TREATMENT OF RAILROAD WORKERS. (a) Extension of Program.-- (1) In general.--Paragraphs (1) and (2) of section 501(b) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) are each amended by striking ``March 6, 1993'' and inserting ``October 2, 1993''. (2) Conforming amendment.--Section 501(a) of such Act is amended by striking ``March 1993'' and inserting ``October 1993''. (b) Termination of Benefits.--Section 501(e) of such Act is amended-- (1) by striking ``March 6, 1993'' and inserting ``October 2, 1993'', and (2) by striking ``June 19, 1993'' and inserting ``January 15, 1994''. (c) Effective Date.--The amendments made by this section shall apply to weeks beginning after March 6, 1993. SEC. 4. PROFILING OF NEW CLAIMANTS. (a) General Rule.--The Secretary of Labor shall establish a program for encouraging the adoption and implementation by all States of a system of profiling all new claimants for regular unemployment compensation (including new claimants under each State unemployment compensation law which is approved under the Federal Unemployment Tax Act (26 U.S.C. 3301-3311) and new claimants under Federal unemployment benefit and allowance programs administered by the State under agreements with the Secretary of Labor), to determine which claimants may be likely to exhaust regular unemployment compensation and may need reemployment assistance services to make a successful transition to new employment. (b) Technical Assistance to States.--The Secretary of Labor shall provide technical assistance and advice to the States in the development of model profiling systems and the procedures for such systems. Such technical assistance and advice shall be provided by the utilization of such resources as the -s-e-c-r-e-t-a-r-y Secretary deems appropriate, and the procedures for such profiling systems shall include the effective utilization of automated data processing. (c) Funding of Activities.--For purposes of encouraging the development and establishment of model profiling systems in the States, the Secretary of Labor shall provide to each State, from funds available for this purpose, such funds as may be determined by the Secretary to be necessary. (d) Report to Congress.--Within 30 months after the date of the enactment of this Act, the Secretary of Labor shall report to the Congress on the operation and effectiveness of the profiling systems adopted by the States, and the Secretary's recommendation for continuation of the systems and any appropriate legislation. (e) State.--For purposes of this section, the term ``State'' has the meaning given such term by section 3306(j)(1) of the Internal Revenue Code of 1986. (f) Effective Date.--The provisions of this section shall take effect on the date of the enactment of this Act. -S-E-C-. -5-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F -A-P-P-R-O-P-R-I-A-T-I-O-N-S-. -T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -f-o-r -n-o-n-r-e-p-a-y-a-b-l-e -a-d-v-a-n-c-e-s -t-o -t-h-e -a-c-c-o-u-n-t -f-o-r -`-`-A-d-v-a-n-c-e-s -t-o -t-h-e -U-n-e-m-p-l-o-y-m-e-n-t -T-r-u-s-t -F-u-n-d -a-n-d -O-t-h-e-r -F-u-n-d-s-'-' -i-n -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f -L-a-b-o-r -a-p-p-r-o-p-r-i-a-t-i-o-n-s -A-c-t-s -(-f-o-r -t-r-a-n-s-f-e-r -t-o -t-h-e -`-`-e-x-t-e-n-d-e-d -u-n-e-m-p-l-o-y-m-e-n-t -c-o-m-p-e-n-s-a-t-i-o-n -a-c-c-o-u-n-t-'-' -e-s-t-a-b-l-i-s-h-e-d -b-y -s-e-c-t-i-o-n -9-0-5 -o-f -t-h-e -S-o-c-i-a-l -S-e-c-u-r-i-t-y -A-c-t-) -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-e -p-u-r-p-o-s-e-s -o-f -t-h-e -a-m-e-n-d-m-e-n-t-s -m-a-d-e -b-y -s-e-c-t-i-o-n -2 -t-h-i-s -A-c-t-. SEC. 5. FINANCING PROVISIONS. (a) Authorization.--There are authorized to be appropriated for nonrepayable advances to the account for ``Advances to the Unemployment Trust Fund and Other Funds'' in Department of Labor Appropriations Acts (for transfer to the ``extended unemployment compensation account'' established by section 905 of the Social Security Act) such sums as may be necessary to make payments to the States to carry out the purposes of the amendments made by section 2 of this Act. (b) Use of Advance Account Funds.--The funds appropriated to the account for ``Advances to the Unemployment Trust Fund and Other Funds'' in the Department of Labor Appropriation Act for Fiscal Year 1993 (Public Law 102-394) are authorized to be used to make payments to the States to carry out the purposes of the amendments made by section 2 of this Act. SEC. 6. EMERGENCY DESIGNATION. Pursuant to sections 251(b)(2)(D)(i) and 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the Congress hereby designates all direct spending amounts provided by this Act (for all fiscal years) and all appropriations authorized by this Act (for all fiscal years) as emergency requirements within the meaning of part C of the Balanced Budget and Emergency Deficit Control Act of 1985.

Emergency Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) to extend the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program to October 2, 1993 (currently March 6, 1993). Modifies the final phase-out period for continuation of claims to end it on January 15, 1994 (currently June 19, 1993). Provides for a similar extension of the program of temporary extended railroad unemployment insurance benefits (and modification of the phase-out period). Directs the Secretary of Labor to establish a program to encourage all States to adopt and implement a system (including automated data processing) for profiling all new claimants for regular unemployment compensation, to determine which claimants may be likely to exhaust such compensation and need reemployment assistance services. Requires provision of such technical assistance, advice, and funding to States for model profiling systems as the Secretary deems appropriate and necessary. Requires the Secretary to report, with recommendations, to the Congress on such systems within 30 months after enactment of this Act. Authorizes appropriations and the use of advance account funds to carry out the extension of the EUC program. Designates all direct spending amounts provided and all appropriations authorized by this Act as emergency requirements for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Eliminates a cost of living adjustment relating to the pay for Members of Congress for 1994.

Emergency Unemployment Compensation Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Prescription Drug Discount Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 70,000,000 Americans, including more than 18,000,000 Medicare beneficiaries, are uninsured or underinsured for prescription drug coverage. (2) High prescription drug prices are denying uninsured and underinsured Americans access to medically necessary care, thereby threatening their health and safety. Many of these Americans require repeated doctor or medical clinic appointments, becoming sicker because they cannot afford to take the drugs prescribed for them. Many are admitted to or treated at hospitals because they cannot afford the drugs prescribed for them that could have prevented the need for hospitalization. Many enter expensive institutional care settings because they cannot afford the prescription drugs that could have supported them outside of an institution. In each of these circumstances, uninsured and underinsured residents too often become medicaid recipients because of their inability to afford prescription drugs. (3) Pursuant to the Social Security Act, State medicaid programs receive discounts in the form of rebates for outpatient prescription drugs. On average, these rebates provide discounts of more than 40 percent off retail prices. (4) In 49 States, individual Americans do not have access to medicaid rebates. But in 1 State, since June 1, 2001, over 100,000 Americans have received discounts from those rebates through the ``Healthy Maine'' program. This program, established as a demonstration project pursuant to a waiver from the Secretary of Health and Human Services has proven to work. Americans need that program replicated in every State, immediately. (5) The Federal and State governments are the only agents that, as a practical matter, can play an effective role as a market participant on behalf of Americans who are uninsured or underinsured. SEC. 3. STATE PRESCRIPTION DISCOUNT PROGRAM. (a) In General.--Section 1927(a) of the Social Security Act (42 U.S.C. 1396r-8(a)) is amended by adding at the end the following: ``(7) Requirements relating to agreements for drugs procured by individuals through state prescription drug discount programs.-- ``(A) In general.--A manufacturer meets the requirements of this paragraph if the manufacturer enters into an agreement with the State to make rebate payments for drugs covered by a State prescription drug discount program in the same amounts as are paid by the manufacturer to the State for such drugs under a rebate agreement described in subsection (b). ``(B) State prescription drug discount program defined.-- ``(i) In general.--In this paragraph, the term `State prescription drug discount program' means a State program under which, with respect to a rebate period, not less than the amount equal to 95 percent of all the rebates paid to the State under agreements entered into under subparagraph (A) during such period is provided to eligible State residents in the form of discounted prices for the purchase of outpatient prescription drugs. ``(ii) Eligible state resident.--For purposes of clause (i), the term `eligible State resident' means an individual who is a State resident and-- ``(I) who is eligible for benefits under title XVIII; or ``(II) whose income does not exceed 300 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(iii) Additional subsidies.--Nothing in this subparagraph shall be construed as-- ``(I) requiring a State to expend State funds to carry out a State prescription drug discount program; or ``(II) prohibiting a State from electing to contribute State funds to a State prescription drug discount program to provide greater subsidies to eligible State residents for outpatient prescription drugs covered under the program. ``(C) No offset against medical assistance.-- Amounts received by a State under an agreement entered into under subparagraph (A) in any quarter shall not be considered to be a reduction in the amount expended under the State plan in the quarter for medical assistance for purposes of section 1903(a)(1).''. (b) Conforming Amendment.--The first sentence of section 1927(a)(1) of the Social Security Act (42 U.S.C. 1396r-8(a)(1)) is amended, by striking ``and paragraph (6)'' and inserting ``, paragraph (6), and paragraph (7)''. SEC. 4. ENHANCED REBATES FOR STATE MEDICAID PROGRAMS. Section 1927(b)(1)(B) of the Social Security Act (42 U.S.C. 1396r- 8(b)(1)(B) is amended-- (1) by striking ``Amounts'' and inserting the following: ``(i) In general.--Except as provided in clause (ii) and subsection (a)(7)(C), amounts''; and (2) by adding at the end the following: ``(ii) Enhanced rebate.--In the case of a State that has a State prescription drug discount program described in subsection (a)(7) and that has entered into a rebate agreement described in paragraph (1) or (4) of subsection (a) that provides a greater rebate for a covered outpatient drug than the rebate that would be paid for the covered outpatient drug under subsection (c), then, notwithstanding clause (i), only the amount equal to \1/2\ of the difference between the amount received by the State in any quarter under such a rebate agreement and the amount of the rebate that would be paid under subsection (c) for such covered outpatient drug shall be considered to be a reduction in the amount expended under the State plan in the quarter for medical assistance for purposes of section 1903(a)(1).''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act take effect on January 1, 2004.

State Prescription Drug Discount Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) require drug manufacturers to pay rebates to State prescription drug discount programs as a condition of participation in a rebate agreement for outpatient prescription drugs under the Medicaid program; and (2) provide for enhanced rebates for State prescription drug discount programs of States with rebate agreements.

A bill to amend title XIX of the Social Security Act to require drug manufacturers to pay rebates to State prescription drug discount programs as a condition of participation in a rebate agreement for outpatient prescription drugs under the medicaid program, to provide increased rebate payments to State medicaid programs, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Federally Impacted School Improvement Act''. (b) Findings.--Congress makes the following findings: (1) In 1950 Congress recognized its obligation, through the passage of Public Law 81-815, to provide school construction funding for local educational agencies impacted by the presence of Federal activities. (2) The conditions of federally impacted school facilities providing educational programs to children in areas where the Federal Government is present have deteriorated to such an extent that the health and safety of the children served by such agencies is being compromised, and the school conditions have not kept pace with the increase in student population causing classrooms to become severely overcrowded and children to be educated in trailers. (3) Local educational agencies in areas where there exists a significant Federal presence have little if any capacity to raise local funds for purposes of capital construction, renovation and repair due to the nontaxable status of Federal land. (4) The need for renewed support by the Federal Government to help federally connected local educational agencies modernize their school facilities is far greater in 2000 than at any time since 1950. (5) Federally connected local educational agencies and the communities the agencies serve are willing to commit local resources when available to modernize and replace existing facilities, but do not always have the resources available to meet their total facility needs due to the nontaxable presence of the Federal Government. (6) Due to the conditions described in paragraphs (1) through (5) there is in 1999, as there was in 1950, a need for Congress to renew its obligation to assist federally connected local educational agencies with their facility needs. (c) Purpose.--The purpose of this Act is to provide matching grants to local educational agencies for the modernization of minimum school facilities that are urgently needed because-- (1) the existing school facilities of the agency are in such disrepair that the health and safety of the students served by the agency is threatened; and (2) increased enrollment results in a need for additional classroom space. SEC. 2. DEFINITIONS. In this Act: (1) Modernization.--The term ``modernization'' means the repair, renovation, alteration, or construction of a facility, including-- (A) the concurrent installation of equipment; and (B) the complete or partial replacement of an existing facility, but only if such replacement is less expensive and more cost-effective than repair, renovation, or alteration of the facility. (2) Facility.--The term ``facility'' means a public structure suitable for use as a classroom, laboratory, library, media center, or related facility, the primary purpose of which is the instruction of public elementary school or secondary school students. (3) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965. (4) Secretary.--The term ``Secretary'' means-- (A) with respect to funds made available under paragraph (1) or (3) of section 4(a) for grants under section 6 or 8, respectively, the Secretary of Education; and (B) with respect to funds made available under paragraph (2) of section (4)(a) for grants under section 6, the Secretary of Defense. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Department of Education to carry out this Act $50,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. (b) Prohibition.--None of the funds authorized to be appropriated under subsection (a) shall be available to a local educational agency to pay the cost of administration of the activities assisted under this Act. SEC. 4. FEDERAL DISTRIBUTION OF FUNDING. (a) In General.--From amounts appropriated under section 3(a) for a fiscal year the Secretary of Education-- (1) shall use 45 percent to award grants under section 6 to local educational agencies-- (A) that are eligible for assistance under section 8002(a) of the Elementary and Secondary Education Act of 1965; and (B) for which the number of children determined under section 8003(a)(1)(C) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made; (2) shall make available to the Secretary of Defense 45 percent to enable the Secretary of Defense to award grants under section 6 to local educational agencies for which the number of children determined under subparagraphs (A), (B), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made; and (3) shall use 10 percent to award grants under section 8. (b) Department of Defense Funding.-- (1) In general.--Not later than 30 days after the date the Secretary of Education receives funds appropriated under section 3(a) for a fiscal year, the Secretary of Education shall make available to the Secretary of Defense from such funds the portion of such funds described in subsection (a)(2) for the fiscal year. The Secretary of Defense shall use the portion to award grants under section 6 through the Office of Economic Adjustment of the Department of Defense. (2) Limitations.-- (A) Administrative expenses.--No funds made available under subsection (a)(2) shall be used by the Secretary of Defense to pay the costs of administration of the activities assisted under this Act. (B) Special rate.--No funds made available under subsection (a)(2) shall be used to replace Federal funds provided to enhance the quality of life of dependents of members of the Armed Forces as determined by the Secretary of Defense. SEC. 5. ELIGIBILITY REQUIREMENTS. (a) In General.--A local educational agency shall be eligible to receive funds under this Act if-- (1) the local educational agency is described in paragraph (1) or (2) of section 4(a); and (2) the local educational agency-- (A) received a payment under section 8002 of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and the assessed value of taxable property per student in the school district of the local educational agency is less than the average of the assessed value of taxable property per student in the State in which the local educational agency is located; or (B) received a basic payment under section 8003(b) of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and for which the number of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constituted at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made. (b) Special Rule.--Any local educational agency described in subsection (a)(2)(B) may apply for funds under this section for the modernization of a facility located on Federal property (as defined in section 8013 of the Elementary and Secondary Education Act of 1965) only if the Secretary determines that the number of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 who were in average daily attendance in such facility constituted at least 50 percent of the number of children who were in average daily attendance in the facilities of the local educational agency during the school year preceding the school year for which the determination is made. SEC. 6. BASIC GRANTS. (a) Award Basis.--From the amounts made available under paragraphs (1) and (2) of section 4(a) the Secretary shall award grants to local educational agencies on such basis as the Secretary determines appropriate, including-- (1) in the case of a local educational agency described in section 5(a)(2)(A), a high percentage of the property in the school district of the local educational agency is nontaxable due to the presence of the Federal Government; (2) in the case of a local educational agency described in section 5(a)(2)(B), a high number or percentage of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965; (3) the extent to which the local educational agency lacks the fiscal capacity, including the ability to raise funds through the full use of the local educational agency's bonding capacity and otherwise, to undertake the modernization project without Federal assistance; (4) the need for modernization to meet-- (A) the threat the condition of the facility poses to the safety and well-being of students; (B) the requirements of the Americans with Disabilities Act of 1990; (C) the costs associated with asbestos removal, energy conservation, and technology upgrading; and (D) overcrowding conditions as evidenced by the use of trailers and portable buildings and the potential for future overcrowding because of increased enrollment; (5) the facility needs of the local educational agency resulting from the acquisition or construction of military family housing under subchapter IV of chapter 169 of title 10, United States Code, and other actions of the Federal Government that cause an adverse impact on the facility needs of the local educational agency; and (6) the age of the facility to be modernized regardless of whether the facility was originally constructed with funds authorized under Public Law 81-815. (b) Grant Amount.--In determining the amount of a grant the Secretary shall-- (1) consider the relative costs of the modernization; (2) determine the cost of a project based on the local prevailing cost of the project; (3) require that the Federal share of the cost of the project shall not exceed 50 percent of the total cost of the project; (4) not provide a grant in an amount greater than $3,000,000 over any 5-year period; and (5) take into consideration the amount of cash available to the local educational agency. (c) Administration of Grants.--In awarding grants under this section the Secretary shall-- (1) establish by regulation the date by which all applications are to be received; (2) consider in-kind contributions when calculating the 50 percent matching funds requirement described in subsection (b)(3); and (3) subject all applications to a review process. (d) Section 8007 Funding.--In awarding grants under this section, the Secretary shall not take into consideration any funds received under section 8007 of the Elementary and Secondary Education Act of 1965. SEC. 7. APPLICATIONS REQUIRED. (a) In General.--Each local educational agency desiring a grant under this Act shall submit an application to the Secretary. (b) Contents.--Each application shall contain-- (1) a listing of the school facilities to be modernized, including the number and percentage of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 in average daily attendance in each facility; (2) a description of the ownership of the property on which the current facility is located or on which the planned facility will be located; (3) a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds provided under this Act, including the priority for the repair of the deficiency; (4) a description of any facility deficiency that poses a health or safety hazard to the occupants of the facility and a description of how that deficiency will be repaired; (5) a description of the criteria used by the local educational agency to determine the type of corrective action necessary to meet the purposes of this Act; (6) a description of the modernization to be supported with funds provided under this Act; (7) a cost estimate of the proposed modernization; (8) an identification of other resources (such as unused bonding capacity), if applicable, that are available to carry out the modernization, and an assurance that such resources will be used for the modernization; (9) a description of how activities assisted with funds provided under this Act will promote energy conservation; and (10) such other information and assurances as the Secretary may reasonably require. (c) Continuing Consideration.--A local educational agency that applies for assistance under this Act (other than section 8) for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following 5 fiscal years. SEC. 8. EMERGENCY GRANTS. (a) Waiver of Matching Requirement.--From the amount made available under section 4(a)(3) the Secretary shall award grants to any local educational agency for which the number of children determined under section 8003(a)(1)(C) constituted at least 50 percent of the number of children who were in average daily attendance in the schools of such agency during the school year preceding the school year for which the determination is made, if the Secretary determines a facility emergency exists that poses a health or safety hazard to the students and school personnel assigned to the facility. (b) Certification of Emergency.--In addition to meeting the requirements of section 7, a local educational agency desiring funds under this section shall include in the application submitted under section 7 a signed statement from a State official certifying that a health or safety deficiency exists. (c) Grant Amount; Prioritization Rules; Continuing Consideration.-- (1) Grant amount.--In determining the amount of grant awards under this section, the Secretary shall make every effort to fully meet the facility needs of the local educational agencies applying for funds under this section. (2) Prioritization rule.--If the Secretary receives more than 1 application under this section for any fiscal year, the Secretary shall prioritize the applications based on when an application was received and the severity of the emergency as determined by the Secretary. (3) Continuing consideration.--A local educational agency that applies for assistance under this section for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following fiscal year, subject to the prioritization requirement described in paragraph (2). SEC. 9. REQUIREMENTS. (a) Maintenance of Effort.--A local educational agency may receive a grant under this Act for any fiscal year only if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such local educational agency for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the fiscal year for which the determination is made. (b) Supplement Not Supplant.--An eligible local educational agency shall use funds received under this subsection only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the modernization of school facilities used for educational purposes, and not to supplant such funds. SEC. 10. GENERAL LIMITATIONS. (a) Real Property.--No part of any grant funds awarded under this Act shall be used for the acquisition of any interest in real property. (b) Maintenance.--Nothing in this Act shall be construed to authorize the payment of maintenance costs in connection with any facilities modernized in whole or in part with Federal funds provided under this Act. (c) Environmental Safeguards.--All projects carried out with Federal funds provided under this Act shall comply with all relevant Federal, State, and local environmental laws and regulations. (d) Athletic and Similar Facilities.--No funds received under this Act shall be used for outdoor stadiums or other facilities that are primarily used for athletic contests or exhibitions, or other events, for which admission is charged to the general public.

Federally Impacted School Improvement Act - Provides matching grants to local educational agencies (LEAs) for construction, renovation, and repair of school facilities in areas affected by Federal activities. Authorizes appropriations. Directs the Secretary of Education to distribute such funds as follows: (1) 45 percent for basic matching grants to LEAs eligible for impact aid assistance as serving children from Indian lands, if the number of such children is at least 25 percent of the total number in attendance; (2) 45 percent to the Secretary of Defense for basic matching grants to LEAs serving children from military bases, if the number of such children is at least 25 percent of the total number in attendance; and (3) ten percent for emergency non-matching grants in cases of health or safety hazards at facilities of LEAs which have a number of impact aid eligible children equal to at least 50 percent of their total attendance. Sets forth requirements for: (1) LEA eligibility; (2) basic grant awards and amount limits; (3) applications; and (4) emergency grant certifications, amounts, and priorities.

Federally Impacted School Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Omnibus Airline Passenger Fair Treatment Act of 1999''. SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended-- (1) by striking ``On the initiative'' and inserting ``(a) Duty of the Secretary.--On the initiative''; and (2) by adding at the end thereof the following: ``(b) Specific Practices.--For purposes of subsection (a), the terms `unfair or deceptive practice' and `unfair method of competition' include each of the following: ``(1) Access to fares.--The failure of an air carrier or foreign air carrier to provide a consumer full access to all fares for air transportation provided by the air carrier or foreign air carrier, regardless of the technology or other method the consumer uses to access the fares. ``(2) Flight delays.--The failure of an air carrier or foreign air carrier to provide a passenger of the carrier with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary. ``(3) Pricing policies.--Any action of an air carrier or foreign air carrier-- ``(A) to prohibit a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for 1-way travel instead of round-trip travel); or ``(B) to assess an additional fee on or charge to-- ``(i) such a person; or ``(ii) any ticket agent that sold the air transportation to such person. ``(4) Termination of ticket agents.--In the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, the failure of the air carrier or foreign air carrier-- ``(A) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and ``(B) to provide the ticket agent with at least 60 days to correct any deficiency claimed in the written notice, except in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.''. SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS. Section 41713(b)(1) of title 49, United States Code, is amended by striking ``related to a price, route, or service of an air carrier that may provide air transportation under this subpart'' and inserting ``that directly prescribes a price, route, or level of service for air transportation provided by an air carrier under this subpart''. SEC. 4. EMERGENCY MEDICAL ASSISTANCE, RIGHT OF EGRESS. (a) In General.--Chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41717. Airline passenger rights ``(a) Right to In-Flight Emergency Medical Care.-- ``(1) In general.--The Secretary of Transportation shall issue regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier in air transportation that is capable of carrying at least 30 passengers. ``(2) Considerations.--In issuing regulations under paragraph (1), the Secretary shall consider-- ``(A) the weight and size of the equipment described in paragraph (1); ``(B) the need for special training of air carrier personnel to operate the equipment safely and effectively; ``(C) the space limitations of each type of aircraft; ``(D) the effect of the regulations on aircraft operations; ``(E) the practical experience of airlines in carrying and operating similar equipment; and ``(F) other relevant factors. ``(3) Consultation.--Before issuing regulations under paragraph (1), the Secretary shall consult with the Surgeon General. ``(b) Right To Exit Aircraft.--No air carrier or foreign air carrier operating an aircraft in air transportation shall prevent or hinder (including by failing to assist) any passenger from exiting the aircraft (under the same circumstances as any member of the flight crew is permitted to exit the aircraft) if-- ``(1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; ``(2) the aircraft has remained at the gate more than 1 hour past its scheduled departure time; ``(3) the captain of the aircraft has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.''. SEC. 5. ENSURING CONSUMER ACCESS TO TRAVEL INFORMATION. (a) Findings.--Congress finds the following: (1) The continued success of a deregulated airline system requires that consumers have full access to complete information concerning airline fares, routes, and other services. (2) The means of distributing information about the products and services of the airline industry are changing; during the past four years, airlines have begun selling a larger percentage of their products and services directly to consumers, and Internet businesses are now offering services that allow consumers to compare prices for these products and services. (3) Airline policies with respect to travel agencies, who historically have sold a majority of the airline industry's products and services, threaten the ability of consumers to gather the information necessary to evaluate market prices, routes, and services. (4) Further reductions in the number of travel agents and greater marketplace reliance on direct airline sales may result in a marketplace in which consumers lack sufficient information and are thereby forced to pay higher prices. (b) Establishment.--There is established a commission to be known as the ``National Commission to Ensure Consumer Information and Choice in the Airline Industry'' (hereinafter in this section referred to as the ``Commission''). (c) Duties.-- (1) Study.--The Commission shall undertake a study of-- (A) consumer access to information about the products and services of the airline industry; (B) the effect on the marketplace of the emergence of new means of distributing such products and services; (C) the effect on consumers of the declining financial condition of travel agents in the United States; and (D) the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors. (2) Policy recommendations.--Based on the results of the study described in paragraph (1), the Commission shall recommend to the President and Congress policies necessary-- (A) to ensure full consumer access to complete information concerning airline fares, routes, and other services; (B) to ensure that the means of distributing the products and services of the airline industry, and of disseminating information about such products and services, is adequate to ensure that competitive information is available in the marketplace; (C) to ensure that distributors of the products and services of the airline industry have adequate relief from illegal, anticompetitive practices that occur in the marketplace; and (D) to foster healthy competition in the airline industry and the entry of new entrants. (d) Specific Matters To Be Addressed.--In carrying out the study authorized under subsection (c)(1), the Commission shall specifically address the following: (1) Consumer access to information.--With respect to consumer access to information regarding the services and products offered by the airline industry: (A) The state of such access. (B) The effect in the next 5 years of the making of alliances in the airline industry. (C) Whether and to what degree the trends regarding such access will produce benefits to consumers. (2) Means of distribution.--With respect to the means of distributing the products and services of the airline industry: (A) The state of such means of distribution. (B) The roles played by travel agencies and Internet-based providers of travel information and services in distributing such products and services. (C) Whether the policies of the United States promote the access of consumers to multiple means of distribution. (3) Airline reservation systems.--With respect to airline reservation systems: (A) The rules, regulations, policies, and practices of the industry governing such systems. (B) How trends in such systems will affect consumers, including-- (i) the effect on consumer access to flight reservation information; and (ii) the effect on consumers of the use by the airline industry of penalties and promotions to convince distributors to use such systems, and the degree of consumer awareness of such penalties and promotions. (4) Legal impediments to distributors seeking relief for anticompetitive actions.--The policies of the United States with respect to the legal impediments to distributors seeking relief for anticompetitive actions, including-- (A) Federal preemption of civil actions against airlines; and (B) the role of the Department of Transportation in enforcing rules against anticompetitive practices. (e) Membership.-- (1) Appointment.--The Commission shall be composed of 15 voting members and 11 nonvoting members as follows: (A) 5 voting members and 1 nonvoting member appointed by the President. (B) 3 voting members and 3 nonvoting members appointed by the Speaker of the House of Representatives. (C) 2 voting members and 2 nonvoting members appointed by the minority leader of the House of Representatives. (D) 3 voting members and 3 nonvoting members appointed by the majority leader of the Senate. (E) 2 voting members and 2 nonvoting members appointed by the minority leader of the Senate (2) Qualifications.--Voting members appointed pursuant to paragraph (1) shall be appointed from among individuals who are experts in economics, service product distribution, or transportation, or any related discipline, and who can represent consumers, passengers, shippers, travel agents, airlines, or general aviation. (3) Terms.--Members shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Travel expenses.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Chairman.--The President, in consultation with the Speaker of the House of Representatives and the majority leader of the Senate, shall designate the Chairman of the Commission from among its voting members. (f) Commission Panels.--The Chairman shall establish such panels consisting of voting members of the Commission as the Chairman determines appropriate to carry out the functions of the Commission. (g) Staff.--The Commission may appoint and fix the pay of such personnel as it considers appropriate. (h) Staff of Federal Agencies.--Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (i) Other Staff and Support.--Upon the request of the Commission, or a panel of the Commission, the Secretary of Transportation shall provide the Commission or panel with professional and administrative staff and other support, on a reimbursable basis, to assist the Commission or panel in carrying out its responsibilities. (j) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (k) Report.--Not later than 1 year after the date on which initial appointments of members to the Commission are completed, the Commission shall transmit to the President and Congress a report on the activities of the Commission, including recommendations made by the Commission under subsection (c)(2). (l) Termination.--The Commission shall terminate on the 30th day following the date of transmittal of the report under subsection (k). All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives. (m) Applicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

(Sec. 2) Prohibits an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of a ticket agent's appointment, from failing to provide the ticket agent with: (1) written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and (2) at least 60 days to correct any deficiency claimed in such notice. Exempts a carrier from this requirement only in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment. (Sec. 3) Revises the preemption of State, local, and regional law or regulation related to a price, route, or level of service for air transportation provided by an air carrier. Limits the preemption to any such law or regulation that would directly prescribe a price, route, or level of service. (Sec. 4) Directs the Secretary of Transportation to issue regulations to establish minimum Federal standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier that is capable of carrying at least 30 passengers. Bars an air carrier or foreign air carrier from preventing or hindering (including by failing to assist) a passenger from exiting an aircraft if: (1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; (2) such aircraft has remained at the gate more than one hour past its scheduled departure time; and (3) the captain of the aircraft has not been informed by air traffic control authorities that such aircraft can be cleared for departure within 15 minutes. (Sec. 5) Establishes the National Commission to Ensure Consumer Information and Choice in the Airline Industry. Requires the Commission, among other things, to study and make policy recommendations to the President and Congress on consumer access to information about the products and services of the airline industry, especially airline fares and routes.

Omnibus Airline Passenger Fair Treatment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Program Administrative Reform Act of 1998''. SEC. 2. ASSESSMENT UPON TOBACCO PRODUCT MANUFACTURERS AND IMPORTERS TO COVER DEPARTMENT OF AGRICULTURE COSTS ASSOCIATED WITH TOBACCO PROGRAMS. (a) Covered Department Costs.--Not later than September 30 of each fiscal year, the Secretary of Agriculture shall estimate the costs to be incurred by the Department of Agriculture during the next fiscal year-- (1) to administer the tobacco quota program under subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.); (2) to administer the tobacco price support program under sections 106, 106A, and 106B of the Agricultural Act of 1949 (7 U.S.C. 1445, 1445-1, 1445-2); (3) to carrying out crop insurance programs for tobacco, including the costs to be incurred by the Federal Crop Insurance Corporation under section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)) to pay the premium for catastrophic risk protection for tobacco crops and the Federal portion of the premium for various additional coverages available for tobacco crops; and (4) to extension services related to tobacco production and marketing. (b) Adjustment of Estimate.--If the estimate prepared for a fiscal year under subsection (a) proves to be insufficient to cover the actual costs described in such subsection that were incurred by the Department during that fiscal year, the Secretary shall adjust the estimate for the next fiscal year to recoup the additional costs incurred by Department and paid out of Department funds. (c) Market Share and Assessment Determinations.--As soon as possible after preparing the estimate for a fiscal year under subsection (a), the Secretary shall determine the market share of each tobacco product manufacturer and each tobacco product importer during the most recent calendar year and the amount of the assessment payable by the tobacco product manufacturer or tobacco product importer for that fiscal year. (d) Individual Amount of Assessments.--The amount of an assessment payable by each tobacco product manufacturer and tobacco product importer under this section for a fiscal year shall be equal to the product obtained by multiplying-- (1) the total amount of costs estimated by the Secretary under subsection (a), as adjusted under subsection (b), for that fiscal year; by (2) the market share of the tobacco product manufacturer or tobacco product importer during the most recent calendar year determined under subsection (d). (e) Collection, Deposit, and Availability of Assessments.-- (1) Collection.--At such time each fiscal year and in such manner as the Secretary may prescribe, each tobacco product manufacturer and tobacco product importer shall remit to the Secretary a nonrefundable assessment in the amount determined for that tobacco product manufacturer or tobacco product importer for that year under subsection (d). The Secretary may enforce the collection of assessments under this paragraph in the courts of the United States. (2) Tobacco assessment fund.--There is established in the Treasury of the United States a fund to be known as the ``Tobacco Assessment Fund'', which shall consist of all assessments collected under paragraph (1). (3) Authorized uses of fund.--Amounts in the Tobacco Assessment Fund shall be available to the Secretary, without further appropriation, to cover the Department costs described in subsection (a). (4) Refunds.--If the Secretary determines that amounts collected under paragraph (1) for a fiscal year and deposited in the Tobacco Assessment Fund exceed the amounts required to cover anticipated Department costs under subsection (a) for that fiscal year, plus a reasonable reserve, the Secretary shall refund the excess amounts to tobacco product manufacturers and tobacco product importers using the same proportion for each tobacco product manufacturer and tobacco product importer as used in the original assessment. (f) Effect on Crop Insurance Premiums; Existing Assessments.--(1) Amounts made available to the Secretary under this section may not be used to change the crop insurance premiums assessed to tobacco producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) relative to other crops. (2) Nothing in this section shall be construed to alter the assessments imposed and collected-- (A) for deficit reduction purposes under section 106(g) of the Agricultural Act of 1949 (7 U.S.C. 1445(g)); or (B) to finance operations of No Net Cost Tobacco Funds under section 106A of such Act (7 U.S.C. 1445-1) and No Net Cost Tobacco Accounts under section 106B of such Act (7 U.S.C. 1445-2). (g) Definitions.--For purposes of this section: (1) Tobacco product importer.--The term ``tobacco product importer'' has the meaning given the term ``importer'' in section 5702 of the Internal Revenue Code of 1986 (26 U.S.C. 5702). (2) Tobacco product manufacturer.--The term ``tobacco product manufacturer'' has the meaning given the term ``manufacturer of tobacco products'' in section 5702 of the Internal Revenue Code of 1986 (26 U.S.C. 5702); except that the term does not include a person that only manufactures cigars or pipe tobacco. (3) Market share.--The term ``market share'' means the ratio of-- (A) the tax liability of a tobacco product manufacturer or tobacco product importer for a calendar year under section 5703 of the Internal Revenue Code of 1986 (26 U.S.C. 5703); to (B) the tax liability of all tobacco product manufacturers and tobacco product importers for that calendar year under such section. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Department.--The term ``Department'' means the Department of Agriculture.

Tobacco Program Administrative Reform Act of 1998 - Directs the Secretary of Agriculture to: (1) estimate the annual (fiscal year) Department of Agriculture tobacco program costs; and (2) assess tobacco importers and product manufacturers based upon cost and market share. Establishes in the Treasury the Tobacco Assessment Fund.

Tobacco Program Administrative Reform Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Volunteerism Enhancement Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The tragic events of September 11, 2001 demonstrated the need for citizen preparedness to prevent and respond to acts of terrorism. (2) The people of the United States responded to the tragic events of September 11, 2001 with courage and compassion as well as a renewed commitment and desire to help others. (3) The changing threat and issues that face the Nation call for the mobilization and effective use of citizenry in times of need. (4) Existing volunteer organizations, including the Coast Guard Auxiliary, have been very successful in providing a wide range of administrative and operational opportunities for citizen participation. (b) Purpose.--The purpose of this Act is to authorize the Secretary of Homeland Security to recruit and use volunteers to support homeland security efforts. SEC. 3. CITIZEN CORPS; BORDER CORPS. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890A. CITIZEN CORPS. ``(a) Establishment.--The Secretary shall establish, as a component of the USA Freedom Corps established by Executive Order 13254, a program to be known as the `Citizen Corps' to coordinate homeland security volunteer activities. ``(b) Office of State and Local Government Coordination and Preparedness.--The Citizen Corps shall be headed by the Director of the Office of State and Local Government Coordination and Preparedness. ``(c) Volunteer Authority.--As part of the Citizen Corps established in subsection (a), the Secretary may recruit, train, and accept the services of volunteers notwithstanding section 1342 of title 31, United States Code. ``SEC. 890B. BORDER CORPS. ``(a) Establishment.--The Secretary shall establish a Border Corps, to be administered by the Commissioner of the Bureau of Customs and Border Protection. The Border Corps shall be an organization under the Citizen Corps. The Secretary shall recruit, train, and accept for enrollment the members of the Border Corps. ``(b) Volunteers.--Members of the Border Corps shall be volunteers who agree to contribute services without compensation. Section 1342 of title 31, United States Code, shall not apply to the acceptance of voluntary services by members of the Border Corps. ``(c) Duties.-- ``(1) In general.--The Border Corps shall assist the United States Border Patrol in carrying out its mission, to the extent authorized by the Secretary. ``(2) Focus.--Members of the Border Corps shall be assigned duties primarily in the areas of surveillance (responding to electronic sensor alarms and aircraft sightings, manning remote video surveillance camera systems), communications (using radio, cellular, and satellite communications equipment to assist Border Patrol agents in rapid response), transportation, and administrative support. ``(3) Additional duties.--Members of the Border Corps may also assist the Border Patrol in the following areas of United States Border Patrol operations: ``(A) Line watch operations to prevent illegal entry and smuggling. ``(B) Signcutting operations to detect and interpret disturbances in natural terrain conditions that indicate the presence or passage of people, animals, or vehicles. ``(C) Traffic checkpoints to detect aliens unlawfully traveling into the interior of the United States and to detect illegal narcotics. ``(D) Air operations. ``(E) Marine patrol. ``(F) Horse and bike patrol. ``(d) Status.-- ``(1) Not federal employees.--Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. ``(2) Exceptions.--A member of the Border Corps while assigned to duty shall be deemed to be a Federal employee only for the following purposes: ``(A) Chapter 26 of title 28, United States Code. ``(B) Subchapter I of chapter 81 of title 5, United States Code. ``(C) Claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31, United States Code, shall apply. ``(3) Standards.--Nothing in this subsection shall constrain the Secretary from prescribing standards for the conduct and behavior of members of the Border Corps. ``(e) Eligibility.-- ``(1) In general.--All citizens and legal permanent residents of the United States over 18 years of age shall be eligible to serve in the Border Corps. ``(2) Background check.--All volunteers must undergo a background check in accordance with procedures established by the Secretary. ``(f) Training.--The Secretary shall create a training and certification program for Border Corps volunteers in accordance with the specific tasks and functions in which they participate. ``(g) Travel Expenses.--When any member of the Border Corps is assigned to such duty the member may, pursuant to regulations issued by the Secretary, be paid actual necessary traveling expenses, including a per diem allowance in lieu of subsistence in conformity with standardized Federal Government travel regulations, while traveling and while on duty away from home. No per diem shall be paid for any period during which quarters and subsistence in kind are furnished by the Federal Government. ``(h) Disenrollment.--Members of the Border Corps may be disenrolled at any time, with or without cause, by the Secretary or the member. ``(i) Border Patrol Staffing.-- ``(1) In general.--In accepting the services of individuals as volunteers through the Border Corps program, the Secretary shall not permit the use of volunteers to displace any employee. ``(2) Authorization for increase in border patrol agents.-- The Secretary shall increase the number of full-time active- duty Border Patrol agents in accordance with section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734).''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding after the item relating to section 890 the following: ``Sec. 890A. Citizen corps. ``Sec. 890B. Border corps.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Citizen Corps.--There are authorized to be appropriated to carry out section 890A of the Homeland Security Act of 2002, as added by section 3 of this Act, $50,000,000 for each of fiscal years 2007 through 2012. (b) Border Corps.--There are authorized to be appropriated to carry out section 890B of the Homeland Security Act of 2002, as added by section 3 of this Act, $20,000,000 for each of fiscal years 2007 through 2012.

Homeland Security Volunteerism Enhancement Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a Citizens Corps, as a component of the USA Freedom Corps, to coordinate homeland security volunteer activities; and (2) a Border Corps as a volunteer organization to assist the U.S. Border Patrol in carrying out its mission.

To amend the Homeland Security Act of 2002 to authorize the Citizen Corps and establish the Border Corps, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Access to Care Act of 2003''. SEC. 2. TREATMENT OF DRUGS AND BIOLOGICALS UNDER THE MEDICARE OUTPATIENT HOSPITAL PROSPECTIVE PAYMENT SYSTEM. (a) Separate APCs for Most Drugs and Biologicals.-- (1) In general.--Section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (C) by adding at the end the following: ``(H) the Secretary shall treat as a separate group of covered OPD services-- ``(i) any drug or biological that was treated as such a group as of December 31, 2002; and ``(ii) any drug or biological that has ceased to be eligible for transitional, pass- through payments under paragraph (6) by reason of the limited period of payment specified in paragraph (6)(C)(i).''. (2) Effective date.--The amendments made by paragraph (1) shall apply to items and services furnished on or after January 1, 2004. (b) Payment Rates for Non-Pass-Through Drugs and Biologicals.-- (1) Program payments.--Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended-- (A) in paragraph (3), by amending subparagraph (D) to read as follows: ``(D) Calculation of medicare opd fee schedule amounts.-- ``(i) In general.--The Secretary shall compute a medicare OPD fee schedule amount for each covered OPD service (or group of such services) furnished in a year, in an amount that (except as provided in clause (ii)) is equal to the product of-- ``(I) the conversion factor computed under subparagraph (C) for the year; and ``(II) the relative payment weight (determined under paragraph (2)(C) or paragraph (9)(A)) for the service or group. ``(ii) Special rules for 2004.-- ``(I) In general.--Notwithstanding clause (i), the medicare OPD fee schedule amount for 2004 for a drug or biological that is treated as a separate group of covered OPD services and is-- ``(aa) a single-source drug (as defined in section 1927(k)(7)(A)(iv)); ``(bb) an innovator multiple source drug (as defined in section 1927(k)(7)(A)(ii)); or ``(cc) a biological product approved for marketing under section 351 of the Public Health Service Act (including any such product that is marketed by any cross-licensed producers or distributors), may not be less than 87.37 percent of the payment rate for the drug or biological under paragraph (6) as of December 31, 2002 (determined without regard to any reduction under subparagraph (E)(iii) of such paragraph). ``(II) No revision of relative payment weights.--The relative payment weights established under paragraph (9)(A) for 2004 for groups of covered OPD services other than those to which subclause (I) applies shall not be revised to take into account the application of such subclause (I).''; (B) in paragraph (4)-- (i) in subparagraph (A), by striking ``Secretary, as computed under paragraphs (2)(D) and (2)(E)'' and inserting ``Secretary (as computed under paragraphs (2)(D) and (2)(E)), except that the medicare OPD fee schedule amount determined under paragraph (3)(D) for a drug or biological that is treated as a separate group of covered OPD services shall not be adjusted for relative differences in the cost of labor''; and (ii) in subparagraph (B), by striking ``adjusted''; and (C) in paragraph (9), by adding at the end the following: ``(D) Use of external data.--In determining the relative payment weight for any drug or biological that is treated as a separate group of covered OPD services for any year after 2003, the Secretary shall adjust the weight otherwise determined under this paragraph with respect to the drug or biological to the extent that reliable and valid data collected and submitted by entities and organizations other than the Department of Health and Human Services (including data submitted in public comments on the proposed rule promulgated with respect to the system established under this subsection for 2004) demonstrate that such payment weight is inadequate or inaccurate. In the case of any adjustments made pursuant to the preceding sentence for 2004, the Secretary shall not revise the relative payment weights for other groups of covered OPD services for such year to take into account such adjustments, and the medicare OPD fee schedule amount determined under paragraph (3)(D) using a relative weight resulting from such an adjustment shall be subject to the minimum amount described in clause (ii)(I) of such paragraph.''. (2) Copayments.--Section 1833(t)(8)(E) of the Social Security Act (42 U.S.C. 1395l(t)(8)(E)) is amended-- (A) in the heading, by striking ``outlier and pass- through'' and inserting ``certain''; and (B) by striking ``paragraphs (5) and (6)'' and inserting ``paragraphs (3)(D)(ii), (5), and (6)''. (3) Exceptions to budget neutrality requirement.--Section 1833(t)(9)(B) of the Social Security Act (42 U.S.C. 1395l(t)(9)(B)) is amended by adding at the end the following: ``In determining the budget neutrality adjustment required by the preceding sentence, the Secretary shall not take into account-- ``(i) any expenditures that would not have been made but for the application of clause (ii) of paragraph (3)(D); or ``(ii) any expenditures made by reason of an adjustment required by subparagraph (D) for 2004.''. (c) Study of Pharmacy Services Used To Provide Cancer Drug Therapies in Hospital Outpatient Setting.-- (1) In general.--The Comptroller General shall conduct a study of payments under part B of title XVIII of the Social Security Act for pharmacy service costs and related costs that are incurred in acquiring chemotherapy and supportive care drugs and providing these therapies to cancer patients in hospital outpatient departments. The study shall-- (A) identify pharmacy costs, including the costs of storage, handling, processing, quality control, disposal, compliance with safety protocols and regulations, establishing dosage regimens that avoid drug interactions and contraindications, and pharmacy overhead; (B) include a review of the adequacy of the current payment methodology for pharmacy service costs and related costs (including the adequacy of the methodology used to estimate costs); and (C) identify any changes to that methodology that are necessary to ensure recognition of, and appropriate payment for, all of the services and functions inherent in the provision of cancer treatment in hospital outpatient settings. (2) Report to congress.--Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study under paragraph (1), including any recommendations for legislation that is necessary to implement the changes identified under paragraph (1)(C).

Beneficiary Access to Care Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system for hospital outpatient department services (OPD) to: (1) require the Secretary of Health and Human Services to treat as a separate group of covered OPD services any drug or biological that was treated as such a group as of December 31, 2002, and any drug or biological that has ceased to be eligible for transitional, pass-through payments by reason of the limited period of payment specified; and (2) add special rules for 2004 for the calculation of Medicare OPD fee schedule amounts, among other payment-related changes.Directs the Comptroller General to study and report to Congress on pharmacy services used to provide cancer drug therapies in hospital outpatient setting.

A bill to amend title XVIII of the Social Security Act to provide for special treatment for certain drugs and biologicals under the prospective payment system for hospital outpatient department services under the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Treat and Reduce Obesity Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Centers for Disease Control, about 34 percent of adults aged 65 and over were obese in the period of 2009 through 2012, representing almost 15 million people. (2) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, certain cancers, arthritis, mental illness, lipid disorders, sleep apnea, and type 2 diabetes. (3) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare patients doubled from 1987 to 2002, and Medicare spending on obese individuals during that time more than doubled. (4) Men and women with obesity at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (5) The direct and indirect cost of obesity is more than $450 billion annually. (6) On average, a Medicare beneficiary with obesity costs $1,964 more than a normal-weight beneficiary. (7) The prevalence of obesity among older individuals in the United States is growing at a linear rate and, if nothing changes, nearly half of the elderly population of the United States will have obesity in 2030 according to a Congressional Research Report on obesity. SEC. 3. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH INTENSIVE BEHAVIORAL THERAPY. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended by adding at the end the following new paragraph: ``(4)(A) Subject to subparagraph (B), the Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity furnished by any of the following: ``(i) A physician (as defined in subsection (r)(1)) who is not a qualified primary care physician. ``(ii) Any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, a registered dietitian or nutrition professional (as defined in subsection (vv))). ``(iii) An evidence-based, community-based lifestyle counseling program approved by the Secretary. ``(B) In the case of intensive behavioral therapy for obesity furnished by a provider described in clause (ii) or (iii) of subparagraph (A), the Secretary may only cover such therapy if such therapy is furnished-- ``(i) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and ``(ii) in an office setting, a hospital out-patient department, a community-based site that complies with the Federal regulations concerning the privacy of individually identifiable health information promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, or another setting specified by the Secretary. ``(C) In order to ensure a collaborative effort, the coordination described in subparagraph (B)(i) shall include the health care provider or lifestyle counseling program communicating to the referring physician or primary care practitioner any recommendations or treatment plans made regarding the therapy.''. SEC. 4. MEDICARE PART D COVERAGE OF OBESITY MEDICATION. (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended, in the first sentence-- (1) by striking ``and other than'' and inserting ``other than''; and (2) by inserting after ``benzodiazepines),'' the following: ``and other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined in section 1861(yy)(2)(C)) or for weight loss management for an individual who is overweight (as defined in section 1861(yy)(2)(F)(i)) and has one or more related comorbidities,''. (b) Effective Date.--The amendments made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of the enactment of this Act. SEC. 5. REPORT TO CONGRESS. Not later than the date that is 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress describing the steps the Secretary has taken to implement the provisions of, and amendments made by, this Act. Such report shall also include recommendations for better coordination and leveraging of programs within the Department of Health and Human Services and other Federal agencies that relate in any way to supporting appropriate research and clinical care (such as any interactions between physicians and other health care providers and their patients) to treat, reduce, and prevent obesity in the adult population.

Treat and Reduce Obesity Act of 2017 This bill allows coverage, under Medicare, of intensive behavioral therapy for obesity furnished by providers other than primary care physicians and practitioners. Additionally, it allows coverage under Medicare's prescription drug benefit of drugs used for the treatment of obesity or for weight loss management for individuals who are overweight.

Treat and Reduce Obesity Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Service Members Student Loan Relief Act''. SEC. 2. DEFERRAL FOR CERTAIN PERIOD IN CONNECTION WITH RECEIPT OF ORDERS FOR MOBILIZATION FOR WAR OR NATIONAL EMERGENCY. (a) Federal Family Education Loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) in the matter preceding clause (i), by striking ``, during any period''; (2) in clause (i), by striking ``during which'' and inserting ``during any period during which''; (3) in clause (ii), by striking ``during which'' and inserting ``during any period during which''; (4) in clause (iii)-- (A) by striking ``during which'' and inserting ``during any period during which''; and (B) in the matter following subclause (II), by striking ``or'' after the semicolon; (5) by redesignating clause (iv) as clause (vi); (6) by inserting after clause (iii) the following: ``(iv) in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of-- ``(I) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and ``(II) the 180-day period preceding the first day of such service; ``(v) notwithstanding clause (iv)-- ``(I) in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and ``(II) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and''; and (7) in clause (vi) (as redesignated by paragraph (5)), by striking ``not in excess'' and inserting ``during any period not in excess''. (b) Direct Loans.--Section 455(f)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``during any period''; (2) in subparagraph (A), by striking ``during which'' and inserting ``during any period during which''; (3) in subparagraph (B), by striking ``not in excess'' and inserting ``during any period not in excess''; (4) in subparagraph (C)-- (A) by striking ``during which'' and inserting ``during any period during which''; and (B) in the matter following clause (ii), by striking ``or'' after the semicolon; (5) by redesignating subparagraph (D) as subparagraph (F); (6) by inserting after subparagraph (C) the following: ``(D) in the case of any borrower who has received a call or order to duty described in clause (i) or (ii) of subparagraph (C), during the shorter of-- ``(i) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in clause (i) or (ii) of subparagraph (C); and ``(ii) the 180-day period preceding the first day of such service; ``(E) notwithstanding subparagraph (D)-- ``(i) in the case of any borrower described in such subparagraph whose call or order to duty is cancelled before the first day of the service described in clause (i) or (ii) of subparagraph (C) because of a personal injury in connection with training to prepare for such service, during the period described in subparagraph (D) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and ``(ii) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in clause (i), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and''; and (7) in subparagraph (F) (as redesignated by paragraph (5)), by striking ``not in excess'' and inserting ``during any period not in excess''. (c) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``during any period''; (2) in clause (i), by striking ``during which'' and inserting ``during any period during which''; (3) in clause (ii), by striking ``not in excess'' and inserting ``during any period not in excess''; (4) in clause (iii), by striking ``during which'' and inserting ``during any period during which''; (5) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; (6) by inserting after clause (iii) the following: ``(iv) in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of-- ``(I) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and ``(II) the 180-day period preceding the first day of such service; ``(v) notwithstanding clause (iv)-- ``(I) in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and ``(II) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled;''; (7) in clause (vi) (as redesignated by paragraph (5)), by striking ``not in excess'' and inserting ``during any period not in excess''; and (8) in clause (vii) (as redesignated by paragraph (5)), by striking ``during which'' and inserting ``during any period during which''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to authorize any refunding of any repayment of a loan. (e) Applicability.--The amendments made by this section shall apply with respect to all loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). SEC. 3. CONFORMING AMENDMENTS. Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is further amended-- (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078- 2(d)(1)(A)(ii)), by striking ``428(b)(1)(M)(i)(I)'' and inserting ``clause (i)(I), (iv), or (v) of section 428(b)(1)(M)''; and (2) in section 493D(a) (20 U.S.C. 1098f(a)), by striking ``section 428(b)(1)(M)(iii), 455(f)(2)(C), or 464(c)(2)(A)(iii)'' and inserting ``clause (iii) or (iv) of section 428(b)(1)(M), subparagraph (C) or (D) of section 455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A)''.

Service Members Student Loan Relief Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow members of the Armed Forces and National Guard to defer payments of principal on their Federal Family Education Loans, William D. Ford Federal Direct Loans, and Federal Perkins Loans for the period (up to 180 days) beginning on the date they receive a call or order to duty in connection with a war, military operation, or national emergency and ending on their first day of service. (Currently, the payment of principal on those loans is also deferred during their period of service and for the 180-day period after their demobilization date.) Allows individuals whose call to duty is cancelled before their first day of service: (1) due to a service training injury, to defer payments of principal on those loans through what would have been their period of service; and (2) for a reason other than a service training injury, to defer payments of principal on those loans for 14 days after that cancellation.

Service Members Student Loan Relief Act

SECTION 1. PAYMENT LIMITATIONS. Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is amended-- (1) in subsection (b)(1), by striking ``$40,000'' and inserting ``$20,000''; (2) in subsection (c)(1), by striking ``$65,000'' and inserting ``$30,000''; (3) by striking ``(d)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d) Limitations on Marketing Loan Gains, Loan Deficiency Payments, and Commodity Certificate Transactions.-- ``(1) Loan commodities.--The total amount of the following gains and payments that a person may receive during any crop year may not exceed $87,500: ``(A)(i) Any gain realized by a producer from repaying a marketing assistance loan for 1 or more loan commodities under subtitle B of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.) at a lower level than the original loan rate established for the loan commodity under that subtitle. ``(ii) In the case of settlement of a marketing assistance loan for 1 or more loan commodities under that subtitle by forfeiture, the amount by which the loan amount exceeds the repayment amount for the loan if the loan had been settled by repayment instead of forfeiture. ``(B) Any loan deficiency payments received for 1 or more loan commodities under that subtitle. ``(C) Any gain realized from the use of a commodity certificate issued by the Commodity Credit Corporation for 1 or more loan commodities, as determined by the Secretary, including the use of a certificate for the settlement of a marketing assistance loan made under that subtitle.''; and (4) by adding at the end the following: ``(h) Single Farming Operation.-- ``(1) In general.--Notwithstanding subsections (b) through (d), subject to paragraph (2), if a person participates only in a single farming operation and receives, directly or indirectly, any payment or gain covered by this section through the operation, the total amount of payments or gains (as applicable) covered by this section that the person may receive during any crop year may not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d). ``(2) Individuals.--The total amount of payments or gains (as applicable) covered by this section that an individual person may receive during any crop year may not exceed $275,000. ``(i) Spouse Equity.--Notwithstanding subsections (b) through (d), except as provided in subsection (e)(2)(C)(i), if an individual and spouse are covered by subsection (e)(2)(C) and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the individual and spouse may jointly receive during any crop year may not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d). ``(j) Regulations.-- ``(1) In general.--Not later than July 1, 2003, the Secretary shall promulgate regulations-- ``(A) to ensure that total payments and gains described in this section made to or through joint operations or multiple entities under the primary control of a person, in combination with the payments and gains received directly by the person, shall not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d); ``(B) in the case of a person that in the aggregate owns, conducts farming operations, or provides custom farming services on land with respect to which the aggregate payments received by the person exceed the applicable dollar amounts specified in subsections (b), (c), and (d), to attribute all payments and gains made to the person on crops produced on the land to-- ``(i) a person that rents land for a share of the crop that is less than the usual and customary rate, as determined by the Secretary; ``(ii) a person that provides custom farming services through arrangements under which-- ``(I) all or part of the compensation for the services is at risk; ``(II) farm management services are provided by-- ``(aa) the same person; ``(bb) an immediate family member; or ``(cc) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary; or ``(III) more than \2/3\ of all payments received for custom farming services are received by-- ``(aa) the same person; ``(bb) an immediate family member; or ``(cc) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary; or ``(iii) a person under such other arrangements as the Secretary determines are established to transfer payments from persons that would otherwise exceed the applicable dollar amounts specified in subsections (b), (c), and (d); and ``(C) to ensure that payments attributed under this section to a person other than the direct recipient shall also count toward the limit of the direct recipient. ``(2) Primary control.--The regulations under paragraph (1) shall define `primary control' to include a joint operation or multiple entity in which a person owns an interest that is greater than the total interests held by other persons that materially participate on a regular, substantial, and continuous basis in the management of the operation or entity.''. SEC. 2. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act and the amendments made by this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act and the amendments made by this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Amends the Food Security Act of 1985 to reduce maximum annual direct and counter-cyclical commodity payments to $20,000 and $30,000, respectively. Revises limitation provisions for marketing loan gains, loan deficiency payments, and commodity certificate transactions, and establishes an annual combined limitation of $87,500 for such payments.Doubles payment limitations for single farming operations. Limits an individual to a combined annual payment of $275,000.

A bill to amend the Food Security Act of 1985 to strengthen payment limitations for commodity payments and benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rhinoceros and Tiger Conservation Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the populations of all but 1 species of rhinoceros, and the tiger, have significantly declined in recent years and continue to decline; (2) these species of rhinoceros and tiger are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in this Act as ``CITES''); (3) the Parties to CITES have adopted several resolutions-- (A) relating to the conservation of tigers (Conf. 9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES to implement legislation to reduce illegal trade in parts and products of the species; and (B) relating to trade in readily recognizable parts and products of the species (Conf. 9.6), and trade in traditional medicines (Conf. 10.19), recommending that Parties ensure that their legislation controls trade in those parts and derivatives, and in medicines purporting to contain them; (4) a primary cause of the decline in the populations of tiger and most rhinoceros species is the poaching of the species for use of their parts and products in traditional medicines; (5) there are insufficient legal mechanisms enabling the United States Fish and Wildlife Service to interdict products that are labeled or advertised as containing substances derived from rhinoceros or tiger species and prosecute the merchandisers for sale or display of those products; and (6) legislation is required to ensure that-- (A) products containing, or labeled or advertised as containing, rhinoceros parts or tiger parts are prohibited from importation into, or exportation from, the United States; and (B) efforts are made to educate persons regarding alternatives for traditional medicine products, the illegality of products containing, or labeled or advertised as containing, rhinoceros parts and tiger parts, and the need to conserve rhinoceros and tiger species generally. SEC. 3. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994. Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5302) is amended by adding at the end the following: ``(3) To prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.''. SEC. 4. DEFINITION OF PERSON. Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5303) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) `person' means-- ``(A) an individual, corporation, partnership, trust, association, or other private entity; ``(B) an officer, employee, agent, department, or instrumentality of-- ``(i) the Federal Government; ``(ii) any State, municipality, or political subdivision of a State; or ``(iii) any foreign government; ``(C) a State, municipality, or political subdivision of a State; or ``(D) any other entity subject to the jurisdiction of the United States.''. SEC. 5. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS. The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended-- (1) by redesignating section 7 as section 9; and (2) by inserting after section 6 the following: ``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS. ``(a) Prohibition.--A person shall not sell, import, or export, or attempt to sell, import, or export, any product, item, or substance intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. ``(b) Penalties.-- ``(1) Criminal penalty.--A person engaged in business as an importer, exporter, or distributor that knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 6 months, or both. ``(2) Civil penalties.-- ``(A) In general.--A person that knowingly violates subsection (a), and a person engaged in business as an importer, exporter, or distributor that violates subsection (a), may be assessed a civil penalty by the Secretary of not more than $12,000 for each violation. ``(B) Manner of assessment and collection.--A civil penalty under this paragraph shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 may be assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)). ``(c) Products, Items, and Substances.--Any product, item, or substance sold, imported, or exported, or attempted to be sold, imported, or exported, in violation of this section or any regulation issued under this section shall be subject to seizure and forfeiture to the United States. ``(d) Regulations.--After consultation with the Secretary of the Treasury, the Secretary of Health and Human Services, and the United States Trade Representative, the Secretary shall issue such regulations as are appropriate to carry out this section. ``(e) Enforcement.--The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). ``(f) Use of Penalty Amounts.--Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).''. SEC. 6. EDUCATIONAL OUTREACH PROGRAM. The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) (as amended by section 5) is amended by inserting after section 7 the following: ``SEC. 8. EDUCATIONAL OUTREACH PROGRAM. ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. ``(b) Guidelines.--The Secretary shall publish in the Federal Register guidelines for the program. ``(c) Contents.--Under the program, the Secretary shall publish and disseminate information regarding-- ``(1) laws protecting rhinoceros and tiger species, in particular laws prohibiting trade in products containing, or labeled or advertised as containing, their parts; ``(2) use of traditional medicines that contain parts or products of rhinoceros and tiger species, health risks associated with their use, and available alternatives to the medicines; and ``(3) the status of rhinoceros and tiger species and the reasons for protecting the species.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5306) (as redesignated by section 5(1)) is amended by striking ``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through 2002''. Passed the Senate October 8 (legislative day, October 2), 1998. Attest: Secretary. 105th CONGRESS 2d Session S. 361 _______________________________________________________________________ AN ACT To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger, and to reauthorize the Rhinoceros and Tiger Conservation Act of 1994, and for other purposes.

Rhinoceros and Tiger Conservation Act of 1998 - Amends the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. Sets forth both criminal and civil penalties. Directs the Secretary of the Interior to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. Authorizes appropriations through FY 2002.

Rhinoceros and Tiger Conservation Act of 1998

SECTION 1. NOTICE OF APPLICATION BY INDIAN TRIBE FOR FEDERAL STATUS. (a) Letter of Intent.--To seek acknowledgment or recognition as an Indian tribe under Federal law, the petitioner must first submit to the Secretary of the Interior a letter of intent to seek such status. (b) Notice to States.--Not later than 30 days after receiving a letter of intent, the Secretary shall notify the Governor and attorney general of each State in which the petitioner states that it is located of the following: (1) That the letter of intent has been filed. (2) The name and contact information for the Indian tribe. (c) Notice to Municipalities.--Not later than 60 days after receiving a letter of intent under subsection (a), the Secretary shall consult with the Governor and attorney general of the affected State or States to identify municipalities that are located within the vicinity of the place that the petitioner states on the application that it is located. The Secretary shall provide the notice required under subsection (b) to such municipalities within 30 days of the completion of the consultation process. SEC. 2. INTERESTED PARTY STATUS. The Governor, attorney general, and each municipality identified pursuant to section 1 shall be interested parties in the review of each corresponding acknowledgement petition. The petitioner shall serve each interested party with all documents submitted as part of its petition. SEC. 3. COMPLETION OF PETITION. In consultation with the petitioner, the Secretary shall determine when the petition is complete and ready for acknowledgment review. Interested parties shall be notified of such determination within 30 days. No additional documents shall be submitted by the petitioner after this determination until issuance of a proposed finding under part 83 of title 25, Code of Federal Regulations. SEC. 4. ACTIVE REVIEW. The Secretary shall notify the petitioner and all interested parties, and publish notice in the Federal Register, of the date that a petition comes under active review under part 83 of title 25, Code of Federal Regulations. Such notice shall be provided within 7 days of the date the petition comes under active review. SEC. 5. PUBLIC COMMENT ON APPLICATION FOR FEDERAL STATUS. The Secretary shall provide a reasonable period for comment by interested parties and the public on each petition for Federal acknowledgment or recognition. Such comment period shall commence upon filing of a letter of intent and end no sooner than 120 days before the deadline for issuance of a proposed finding under part 83 of title 25, Code of Federal Regulations. Interested parties shall serve their comments on the petitioner and any other interested parties. The Secretary shall provide all public comments to the petitioner and interested parties. Such comments shall be given full consideration when deciding to grant or deny the petition. Any petition under review on the date of the enactment of this Act not subject to such comment shall be reconsidered by the Secretary to provide a comment period in accordance with this section. SEC. 6. REGULATORY CRITERIA. The Director may not grant Federal acknowledgment or recognition to any Indian tribe unless such petitioner has met all of the criteria listed in part 83 of title 25, Code of Federal Regulations. When issuing proposed findings and final determinations on Federal acknowledgment or recognition, the Secretary shall publish in the Federal Register detailed findings on each of those criteria. Such findings shall be accompanied by a report under part 83 of title 25, Code of Federal Regulations. Any findings for petitions under review on the date of the enactment of this Act for which such findings and report have not been issued shall be reconsidered by the Secretary in accordance with this section. SEC. 7. FUNDING FOR BRANCH OF ACKNOWLEDGMENT AND RESEARCH. There is authorized to be appropriated for the Branch of Acknowledgment and Research of the Bureau of Indian Affairs $1,800,000 each fiscal year. SEC. 8. GRANT PROGRAM FOR PARTICIPATION IN DECISIONMAKING PROCESSES. (a) In General.--To the extent funds are made available by appropriations and acceptable requests are submitted, the Secretary shall provide grants to local governments to assist those local governments in participating in the decisionmaking process related to actions described in subsection (b), if the Secretary determines that such actions are likely to significantly affect the people represented by the local governments and to reimburse local governments for the costs of such participation that were incurred after the date of the enactment of this Act. Grants may also be made under this section to reimburse local governments for activities that were undertaken before the date of the enactment of this Act, but which otherwise meet the requirements for a grant under this section. (b) Actions for Which Grants May Be Available.--The Secretary may make grants under this section for participation assistance related to the following actions: (1) Acknowledgment.--An Indian group is seeking Federal acknowledgment or recognition and the Secretary determines that the Indian group seeking such acknowledgment or recognition (or reacknowledgment or rerecognition) is located within or adjacent to the boundaries of the area under the jurisdiction of the local government, or has asserted or is likely to seek trust status with respect to land within boundaries of the area over which the local government has jurisdiction. (2) Trust land.--An acknowledged Indian tribe is requesting that land within, or adjacent to, the boundaries of the area over which the local government has jurisdiction be put into trust status for that tribe. (3) Land claims.--An Indian group or an acknowledged Indian tribe is claiming, or is expected to claim, interest in land based upon a treaty or a law specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation, or group, tribe, or band of Indians (including the Acts commonly known as the Trade and Intercourse Acts (1 Stat. 137; 2 Stat. 139; and 4 Stat. 729)). (4) Other actions.--Any other action or proposed action relating to an Indian group or acknowledged Indian tribe if the Secretary determines that the action or proposed action is likely to significantly affect the people represented by that local government. (c) Amount of Grants.--Grants awarded under this section to a local government for any one action may not exceed $500,000 in any fiscal year. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $8,000,000 for each fiscal year. SEC. 9. GRANT PROGRAM FOR IMPACT AID. (a) In General.--To the extent funds are made available by appropriations and acceptable requests are submitted, the Secretary shall provide grants to local governments to assist those local governments with activities related to infrastructure, public safety, or social services, if the Secretary determines that such activities are made necessary or prudent as a result of the activities of a federally recognized Indian tribe. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year. SEC. 10. REPEAL OF REVOLVING DOOR EXEMPTION. Section 104(j) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450i(j)) is repealed. SEC. 11. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Acknowledged indian tribe.--The term ``acknowledged Indian tribe'' means any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (2) Director.--The term ``Director'' means the Director of the Bureau of Indian Affairs. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Sets forth procedures regarding the submission and notification of letters of intent by Indian tribes seeking acknowledgment or recognition under Federal law. Provides that petitioning tribes must first submit letters of intent to the Secretary of the Interior. Makes the Governor, the Attorney General, and each municipality located within the vicinity interested parties in the review.Requires the Secretary to: (1) determine when a petition is complete and ready for acknowledgment review, notify the petitioner and all interested parties, and publish notice in the Federal Register; and (2) provide a reasonable period for comment.Directs the Secretary of the Interior to provide grants to assist local governments in participating in the decision making process related to the following actions if the Secretary determines that such actions are likely to significantly affect the people represented by the local governments and to reimburse such governments for the costs of such participation: (1) an Indian group is seeking Federal acknowledgment or recognition (or re-acknowledgment or recognition) and the Secretary determines that such group is located within or adjacent to the area under the local government's jurisdiction, or has asserted or is likely to seek trust status with respect to land within the area over which the local government has jurisdiction; (2) an acknowledged tribe is requesting that land within or adjacent to the area over which the local government has jurisdiction be put into trust status for it; and (3) an Indian group or an acknowledged tribe is claiming, or is expected to claim, interest in land based upon a treaty or law specifically applicable to land or natural resource transfers from, by, or on behalf of Indians. Permits the making of grants also to reimburse local governments for activities that were undertaken before the enactment of this Act.Directs the Secretary to provide grants to local governments to assist them with activities related to infrastructure, public safety, or social services that are made necessary or prudent as a result of a federally-recognized tribe's activities.

To provide for uniform recognition of Indian tribes by the Bureau of Indian Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Redundant Remapping Reform Act of 2011''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency; (2) the term ``covered period'' means-- (A) with respect to a levee for which the Army Corps of Engineers has entered into a cost sharing agreement, the 48-month period beginning on the date on which the Army Corps of Engineers makes available any funds required to be made available by the Army Corps of Engineers under the agreement; and (B) with respect to a levee not described in subparagraph (A), the 48-month period beginning on the date on which the Administrator commences an update of a National Flood Insurance Program rate map that includes an area protected by the levee; (3) the term ``National Flood Insurance Program'' means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); and (4) the term ``qualified levee'' means a levee that is being constructed or modified, if the owner of the levee enters into an agreement with the Administrator that the construction or modification will be completed before the end of a covered period relating to the qualified levee. SEC. 3. REMAPPING OF AREAS PROTECTED BY CERTAIN LEVEES. (a) Levees Undergoing Accreditation.--The Administrator may not update or publish a National Flood Insurance Program rate map during a covered period with respect to an area that is protected by a levee-- (1) for which a community or other party has sought recognition under section 65.10 of title 44, Code of Federal Regulations, or any successor thereto; and (2) with respect to which the Administrator has not issued a Letter of Final Determination. (b) Levees Undergoing Planning, Construction, or Rehabilitation.-- (1) Prohibition.--Except as provided in paragraph (2), the Administrator may not update or publish a National Flood Insurance Program rate map during a covered period with respect to an area that is protected by a qualified levee that is being planned, constructed, or rehabilitated, if the scheduled completion date for the planning, construction, or rehabilitation occurs during the covered period. (2) Exceptions.--The Administrator may update or publish a National Flood Insurance Program rate map during a covered period with respect to an area that is protected by a qualified levee described in paragraph (1)-- (A) on or after the date on which the construction or rehabilitation of the qualified levee is completed; or (B) on or after the date on which the Administrator determines that the planning, construction, or rehabilitation of the qualified levee is experiencing an indefinite delay. (3) Scheduled completion date.--For purposes of this subsection, the scheduled completion date for planning, construction, or rehabilitation of a qualified levee shall be determined by an engineer responsible for the design, modification, or construction of the qualified levee, taking into consideration the actual condition of the qualified levee. (c) Notification of Affected Persons.-- (1) Draft notice.--Not later than 60 days after the date of enactment of this Act, the Administrator shall publish a notice to be used by owners of qualified levees subject to this section to disclose to persons affected by the qualified levees-- (A) information relating to the possible dangers of living in an area affected by the qualified levees without flood insurance coverage; (B) information relating to the availability of flood insurance coverage; and (C) any other information that the Administrator determines is necessary. (2) Notice by owners of levees.-- (A) In general.--Except as provided in subparagraph (B), not later than 30 days after the commencement of a covered period, the owner of the qualified levee to which the covered period relates shall provide the notice published under paragraph (1) to each person identified by the owner of the qualified levee as a person affected by the qualified levee. (B) Exception.--In the case of a covered period that commences before the date on which the Administrator publishes the notice under paragraph (1), the owner of the qualified levee to which the covered period relates shall provide the notice required under subparagraph (A) to each person identified by the owner of the qualified levee as a person affected by the qualified levee as soon as practicable after the date on which the Administrator publishes the notice. (d) Reporting Requirements.--During a covered period relating to a qualified levee, the owner of the qualified levee (or a designee of the owner) shall submit to the Administrator a quarterly report that contains-- (1) a description of the progress of the construction or modification of the qualified levee; and (2) an estimate of the scheduled completion date of the construction or modification of the qualified levee, as determined by an engineer responsible for the design, modification, or construction of the qualified levee, taking into consideration the actual condition of the qualified levee.

Redundant Remapping Reform Act of 2011 - Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from updating or publishing a National Flood Insurance Program rate map during a covered period with respect to an area protected by a levee that is undergoing accreditation, planning, construction, or rehabilitation. Instructs the Administrator to publish a notice to be used by owners of qualified levees to disclose to persons affected by such levees. Requires owners of qualified levees to provide such notice to each person identified as affected by the qualified levee.

A bill to postpone the remapping of areas protected by certain levees for purposes of the National Flood Insurance Act of 1968, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S. Merchant Marine Academy Board of Visitors Enhancement Act''. SEC. 2. UNITED STATES MERCHANT MARINE ACADEMY BOARD OF VISITORS. Section 51312 of title 46, United States Code, is amended to read as follows: ``Sec. 51312. Board of Visitors ``(a) In General.--A Board of Visitors to the United States Merchant Marine Academy (referred to in this section as the `Board' and the `Academy', respectively) shall be established to provide independent advice and recommendations on matters relating to the United States Merchant Marine Academy. ``(b) Appointment and Membership.-- ``(1) In general.--Not later than 60 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act, the Board shall be composed of-- ``(A) 2 Senators appointed by the chairman, in consultation with the ranking member, of the Committee on Commerce, Science, and Transportation of the Senate; ``(B) 3 members of the House of Representatives appointed by the chairman, in consultation with the ranking member, of the Committee on Armed Services of the House of Representatives; ``(C) 1 Senator appointed by the Vice President, who shall be a member of the Committee on Appropriations of the Senate; ``(D) 2 members of the House of Representatives appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader, at least 1 of whom shall be a member of the Committee on Appropriations of the House of Representatives; ``(E) the Commander of the Military Sealift Command; ``(F) the Assistant Commandant for Prevention Policy of the United States Coast Guard; ``(G) 4 individuals appointed by the President; and ``(H) as ex officio members-- ``(i) the chairman of the Committee on Commerce, Science, and Transportation of the Senate; ``(ii) the chairman of the Committee on Armed Services of the House of Representatives; ``(iii) the chairman of the Advisory Board to the Academy established under section 51313; and ``(iv) the member of the House of Representatives in whose congressional district the Academy is located, as a non-voting member, unless such member of the House of Representatives is appointed as a voting member of the Board under subparagraph (B) or (D). ``(2) Presidential appointees.--Of the individuals appointed by the President under paragraph (1)(H)-- ``(A) at least 2 shall be graduates of the Academy; ``(B) at least 1 shall be a senior corporate officer from a United States maritime shipping company that participates in the Maritime Security Program, or in any Maritime Administration program providing incentives for companies to register their vessels in the United States, and this appointment shall rotate biennially among such companies; and ``(C) 1 or more may be a Senate-confirmed Presidential appointee, a member of the Senior Executive Service, or an officer of flag-rank who from the United States Coast Guard, the National Oceanic and Atmospheric Administration, or any of the military services that commission graduates of the Academy, exclusive of the Board members described in subparagraph (E), (F), or (G) of paragraph (1). ``(3) Term of service.--Each member of the Board shall serve for a term of 2 years commencing at the beginning of each Congress, except that any member whose term on the Board has expired shall continue to serve until a successor is designated. ``(4) Vacancies.--If a member of the Board is no longer able to serve on the Board or resigns, the Designated Federal Officer selected under subsection (g)(2) shall immediately notify the official who appointed such member. Not later than 60 days after that notification, such official shall designate a replacement to serve the remainder of such member's term. ``(5) Current members.--Each member of the Board serving as a member of the Board on the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act shall continue to serve on the Board for the remainder of such member's term. ``(6) Designation and responsibility of substitute board members.-- ``(A) Authority to designate.--A member of the Board described in subparagraph (E), (F), or (G) of paragraph (1) or subparagraph (B) or (C) of paragraph (2) may, if unable to attend or participate in an activity described in subsection (d), (e), or (f), designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in such activity. ``(B) Requirements.--A substitute member of the Board designated under subparagraph (A) shall be-- ``(i) an individual who has been appointed by the President and confirmed by the Senate; ``(ii) a member of the Senior Executive Service; or ``(iii) an officer of flag-rank who is employed by-- ``(I) the United States Coast Guard; or ``(II) the Military Sealift Command. ``(C) Participation.--A substitute member of the Board designated under subparagraph (A)-- ``(i) shall be permitted to fully participate in the proceedings and activities of the Board; ``(ii) shall report back to the member on the Board's activities not later than 15 days following the substitute member's participation in such activities; and ``(iii) shall be permitted to participate in the preparation of reports described in paragraph (j) related to any proceedings or activities of the Board in which such substitute member participates. ``(c) Chairperson.-- ``(1) In general.--On a biennial basis, the Board shall select from among its members, a member of the House of Representatives or a Senator to serve as the Chairperson. ``(2) Rotation.--A member of the House of Representatives and a member of the Senate shall alternately serve as the Chair of the Board on a biennial basis. ``(3) Term.--An individual may not serve as Chairperson for more than 1 consecutive term. ``(d) Meetings.-- ``(1) In general.--The Board shall meet several times each year as provided for in the Charter described in paragraph (2)(B), including at least 1 meeting held at the Academy. ``(2) Selection and consideration.--Not later than 60 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act, the Designated Federal Officer selected under subsection (g)(2) shall organize a meeting of the Board for the purposes of-- ``(A) selecting a Chairperson; and ``(B) considering an official Charter for the Board, which shall provide for the meeting of the Board several times each year. ``(e) Visiting the Academy.-- ``(1) Annual visit.--The Board shall visit the Academy annually on a date selected by the Board, in consultation with the Secretary of Transportation and the Superintendent of the Academy. ``(2) Other visits.--In cooperation with the Superintendent, the Board or its members may make other visits to the Academy in connection with the duties of the Board. ``(3) Access.--While visiting the Academy under this subsection, members of the Board shall have reasonable access to the grounds, facilities, midshipmen, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board. ``(f) Responsibility.--The Board shall inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider. ``(g) Department of Transportation Support.--The Secretary of Transportation shall-- ``(1) provide support as deemed necessary by the Board for the performance of the Board's functions; ``(2) not later than 30 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act, select a Designated Federal Officer to support the performance of the Board's functions; and ``(3) in cooperation with the Maritime Administrator and the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information. ``(h) Staff.--Staff members may be designated to serve without reimbursement as staff for the Board by-- ``(1) the Chairperson of the Board; ``(2) the chairman of the Committee on Commerce, Science, and Transportation of the Senate; and ``(3) the chairman of the Committee on Armed Services of the House of Representatives. ``(i) Travel Expenses.--While serving away from home or regular place of business, a member of the Board or a staff member designated under subsection (h) shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code. ``(j) Reports.-- ``(1) Annual report.--Not later than 60 days after each annual visit required under subsection (e)(1), the Board shall submit to the President a written report of its actions, views, and recommendations pertaining to the Academy. ``(2) Other reports.--If the members of the Board visit the Academy under subsection (e)(2), the Board may-- ``(A) prepare a report on such visit; and ``(B) if approved by a majority of the members of the Board, submit such report to the President not later than 60 days after the date of the approval. ``(3) Advisors.--The Board may call in advisers-- ``(A) for consultation regarding the execution of the Board's responsibility under subsection (f); or ``(B) to assist in the preparation of a report described in paragraph (1) or (2). ``(4) Submission.--A report submitted to the President under paragraph (1) or (2) shall be concurrently submitted to-- ``(A) the Secretary of Transportation; ``(B) the Committee on Commerce, Science, and Transportation of the Senate; and ``(C) the Committee on Armed Services of the House of Representatives.''. Passed the Senate June 26, 2014. Attest: NANCY ERICKSON, Secretary.

U.S. Merchant Marine Academy Board of Visitors Enhancement Act - Amends federal shipping law to: (1) expand the membership of the Board of Visitors to the U. S. Merchant Marine Academy, and (2) specify requirements for the presidential appointees. Authorizes certain Board members to designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in any activity the Board member is unable to attend or participate in. Prescribes requirements for designated substitute Board members. Requires the Board to select biennially from among its members a member of the House of Representatives or a Senator to serve as Board Chairperson. Directs the Secretary of Transportation (DOT) to select a Designated Federal Officer to support the performance of the Board's functions. Directs the Board to report annually to the President on its actions, views, and recommendations with respect to the Academy.

U.S. Merchant Marine Academy Board of Visitors Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Food-borne Illness Surveillance and Response Act of 2008''. SEC. 2. ENHANCED FOOD-BORNE ILLNESS SURVEILLANCE. (a) In General.-- (1) Authority.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall strengthen and expand food-borne illness surveillance systems to-- (A) inform and evaluate efforts to prevent food- borne illness; and (B) enhance the identification and investigation of, and response to, food-borne illness outbreaks. (2) Food-borne illness outbreak.--For purposes of this section, the term ``food-borne illness outbreak'' means the occurrence of 2 or more cases of a similar illness resulting from the ingestion of a common food. (b) Food-Borne Illness Surveillance Systems.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enhance food-borne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on food-borne illnesses by-- (1) coordinating food-borne illness surveillance systems, including complaint systems, in order to-- (A) produce better information on illnesses associated with foods, including sources and risk factors for infections by emerging pathogens; and (B) facilitate sharing of data acquisition and findings on a more timely basis among governmental agencies, including the Food and Drug Administration, the Food Safety and Inspection Service, and State and local agencies, and with the public; (2) augmenting such systems to improve attribution of a food-borne illness outbreak to a specific food; (3) developing improved epidemiological tools for obtaining quality exposure data, microbiological methods for classifying cases and detecting clusters, and improved tracebacks to rapidly and specifically identify contaminated food products; (4) expanding capacity of such systems for implementation of fingerprinting strategies for food-borne infectious agents, including parasites and hepatitis A, in order to increase pathogen discovery efforts to identify new or rarely documented causes of food-borne illness; (5) allowing timely public access to de-identified, aggregate surveillance data; (6) at least annually, publishing current reports on findings from such systems; (7) exploring establishment of registries for long-term case follow-up to better characterize late complications of food-borne illness; (8) increasing participation in national networks of public health and food regulatory agencies and laboratories to-- (A) allow public health officials at the Federal, State, and local levels to share and accept laboratory analytic findings; and (B) identify food-borne illness outbreaks and attribute such outbreaks to specific foods through submission of standardized molecular subtypes (also known as ``fingerprints'') of food-borne illness pathogens to a centralized database; and (9) establishing a flexible mechanism for rapidly supporting scientific research by academic centers of excellence, which may include staff representing academic clinical researchers, food microbiologists, animal and plant disease specialists, ecologists, and other allied disciplines. (c) Improving State Surveillance Capacity.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Commissioner of Food and Drugs, shall improve capacity for surveillance in the States by-- (1) supporting outbreak investigations with needed specialty expertise, including epidemiological, microbiological, and environmental expertise, to assist identification of underlying common sources and contributing factors; (2) identifying, disseminating, and supporting implementation of model practices at the State and local level for-- (A) facilitating rapid shipment of clinical isolates from clinical laboratories to State public health laboratories to avoid delays in testing; (B) conducting rapid and more standardized interviewing of cases associated with major enteric pathogens, including prior to designation of clusters as food-borne illness outbreaks; (C) conducting and evaluating rapid and standardized interviews of healthy control persons; (D) sharing information on a timely basis-- (i) within public health and food regulatory agencies; (ii) among such agencies; (iii) with the food industry; (iv) with healthcare providers; and (v) with the public; (3) developing, regularly updating, and disseminating training curricula on food-borne illness surveillance investigations, including standard sampling methods and laboratory procedures; (4) integrating new molecular diagnostic tools for parasites into web-based consultation services for parasitic infections to accelerate the identification of these food-borne infectious agents; (5) supporting research to develop and deploy new subtyping methods for salmonella, E. coli, campylobacter, and other pathogens, to increase the speed and accuracy of diagnoses; (6) determining minimum core competencies for public health laboratories, and developing self-evaluation and proficiency- testing tools for such laboratories; (7) facilitating regional public health laboratory partnerships to leverage resources, including equipment and physical space, and increase surge capacity; (8) providing technical assistance, which may include the detailing of officers and employees of the Secretary, to State and local public health and food regulatory agencies; (9) partnering with the Food and Drug Administration to increase communication, coordination, and integration of food- borne illness surveillance and outbreak investigation activities; and (10) developing and periodically updating response and interview procedures so that such procedures are standardized and tested. (d) Program Activities.--The Secretary shall carry out activities to support core food safety functions of State and local public health laboratories, including-- (1) establishing fellowships, stipends, and scholarships to address critical workforce shortages; (2) training and coordination of State and local personnel; (3) establishing partnerships between private and public laboratories to facilitate sharing of positive enteric specimens and improve surge capacity; (4) strengthening capacity to participate in existing or new food-borne illness surveillance systems; and (5) the purchase and maintenance of data systems hardware and software and laboratory equipment. (e) Partnerships.--Not later than 180 days after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, the Secretary shall establish a diverse working group of experts and stakeholders from Federal, State, and local food safety and health agencies, the food industry, consumer organizations, and academia. Such working group shall provide the Secretary, through at least annual meetings of the working group and an annual public report, advice and recommendations on an ongoing and regular basis regarding the improvement of food-borne illness surveillance and implementation of this section, including advice and recommendations on-- (1) the priority needs of regulatory agencies, the food industry, and consumers for information and analysis on food- borne illness and its causes that can be used to prevent food- borne illness; (2) opportunities to improve the effectiveness of initiatives at the Federal, State, and local levels, including coordination and integration of activities among Federal agencies, and between the Federal, State, and local levels of government; (3) improvement in the timeliness and depth of access by regulatory and health agencies, the food industry, academic researchers, and consumers to food-borne illness surveillance data collected by government agencies at all levels, including data compiled by the Centers for Disease Control and Prevention; (4) key barriers to improvement in food-borne illness surveillance and its utility for preventing food-borne illness at Federal, State, and local levels; and (5) specific actions to reduce barriers to improvement, implement the working group's recommendations, and achieve the purposes of this section, with measurable objectives and timelines, and identification of resource and staffing needs. SEC. 3. LEVERAGING AND ENHANCING STATE AND LOCAL ROLES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--PROGRAMS RELATING TO FOOD ``SEC. 399JJ. PLAN TO IMPROVE FOOD SAFETY CAPACITY AT THE STATE AND LOCAL LEVEL. ``(a) Goals.--The Secretary shall leverage and enhance the food safety capacity and roles of State and local agencies and integrate State and local agencies as fully as possible into national food safety efforts, in order to achieve the following goals: ``(1) Improve food-borne illness outbreak response and containment. ``(2) Improve the contribution of food-borne illness surveillance and investigation to the prevention of food-borne illness. ``(3) Strengthen oversight of food safety at the retail level. ``(4) Strengthen the capacity of State and local agencies to carry out inspections and enforce safety standards in food processing establishments, as part of a national strategy and plan to provide an adequate level of inspection and achieve compliance with safety standards in such establishments. ``(5) Make more effective use of the Nation's combined food safety resources to reduce the burden of food-borne illness. ``(b) Survey.--In preparation for development of the plan required by subsection (c), the Secretary shall, not later than 1 year after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, complete a survey of State and local capacities, and needs for enhancement, with respect to-- ``(1) staffing levels and expertise available to perform food safety functions; ``(2) laboratory capacity to support surveillance, outbreak response, inspection, and enforcement activities; ``(3) information systems to support data management and sharing of food safety information among State and local agencies and with counterparts at the Federal level; ``(4) legal authorities of State and local agencies to support the roles of such agencies in a national food safety system; and ``(5) organizational arrangements for managing and coordinating food safety activities. ``(c) Plan.--Taking into account the goals established in subsection (a), results from the survey required in subsection (b), and consultations with State and local agencies and other food safety stakeholders, the Secretary shall, not later than 2 years after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, develop, publish, and begin implementation of a plan that includes the following elements: ``(1) Criteria for assessing the adequacy of State and local capacity to perform food safety functions as part of a national food safety system. ``(2) Priorities for enhancing the capacity of State and local agencies. ``(3) Action plans for meeting the highest priority capacity needs, including budget requirements and financing plans that take into account Federal, State, and local resources. ``(4) Improved coordination and information flow among Federal, State, and local agencies to strengthen food-borne illness surveillance, outbreak response, and investigation and to ensure that agencies at all levels have the information on origins and causes of food-borne illness that such agencies need to plan preventive measures. ``(5) Integration of the inspection and compliance programs in food processing establishments of the Food and Drug Administration and State and local agencies, including-- ``(A) joint planning and priority setting to ensure that the collective effort has the greatest possible impact on achieving compliance with food safety standards and reducing food-borne illness; ``(B) elimination of barriers to the free flow of information among the Food and Drug Administration and State and local agencies with respect to inspection and compliance programs and integration of State and Federal inspection and laboratory data systems; ``(C) steps to expand, and ensure the vigor and consistency of, State inspection of processing establishments under contract to the Food and Drug Administration; and ``(D) reliance by the Food and Drug Administration on State inspection and food sample analyses in Federal enforcement activities. ``(d) Food Safety Capacity Building Grants.-- ``(1) In general.--The Secretary shall make grants to State and local agencies to enhance State and local food safety capacity and programs and support achievement of the goals established in subsection (a). In awarding such grants, the Secretary shall take into account the criteria and priorities established by the Secretary under subsection (c). ``(2) Funding.--There are authorized to be appropriated to carry out paragraph (1), $25,000,000 for each of the fiscal years 2010, 2011, and 2012. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, and on an annual basis thereafter, the Secretary shall submit to Congress a report that describes-- ``(1) progress made in implementing this section, including any obstacles to such implementation; and ``(2) any legislative recommendations or additional resources needed for full implementation.''.

Improving Food-borne Illness Surveillance and Response Act of 2008 - Requires the Secretary of Health and Human Services to strengthen and expand foodborne illness surveillance systems to: (1) inform and evaluate efforts to prevent foodborne illness; and (2) enhance the identification and investigation of, and response to, foodborne illness outbreaks. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses. Requires the Secretary, acting through the Director and the Commissioner of Food and Drugs, to improve capacity for surveillance in states, including by: (1) supporting outbreak investigations with needed specialty expertise; (2) supporting model practices in states; and (3) developing training curricula on foodborne illness surveillance investigations. Directs the Secretary to: (1) carry out activities to support core food safety functions of state and local public health laboratories; and (2) establish a working group to advise the Secretary regarding the improvement of foodborne illness surveillance and implementation of this Act. Amends the Public Health Service Act to require the Secretary to: (1) leverage and enhance the food safety capacity and roles of state and local agencies; (2) survey state and local capacities and enhancement needs; (3) develop a plan addressing food safety functions at state and local levels; and (4) make grants to state and local agencies to enhance food safety capacity and programs.

A bill to provide for enhanced food-borne illness surveillance and food safety capacity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officers' Defense Act''. SEC. 2. SUBSTANTIVE LIMITS. Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(j) Crimes Against Public Safety Officer.-- ``(1) Definition of public safety officer.--In this subsection, the term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(2) In general.--A court, justice, or judge shall not have jurisdiction to consider any claim relating to the judgment or sentence in an application described under paragraph (3), unless the applicant shows that the claim qualifies for consideration on the grounds described in subsection (e)(2). Any such application that is presented to a court, justice, or judge other than a district court shall be transferred to the appropriate district court for consideration or dismissal in conformity with this subsection, except that a court of appeals panel must authorize any second or successive application in conformity with section 2244 prior to any consideration by the district court. ``(3) Application of subsection.--This subsection shall apply to an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer while the public safety officer was engaged in the performance of official duties, or on account of the public safety officer's performance of official duties.''. SEC. 3. TIME LIMITS. Section 2254(j) of title 28, United States Code, as added by section 2 of this Act, is further amended by adding at the end the following: ``(4) Time limits in district court.--For any application described under paragraph (3), in the district court the following shall apply: ``(A) Any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer or, if no timely answer is filed, the date on which such answer is due. ``(B) Any motion for an evidentiary hearing shall be granted or denied not later than 30 days after the date on which the party opposing such motion files a pleading in opposition to such motion or, if no timely pleading in opposition is filed, the date on which such pleading in opposition is due. ``(C) Any evidentiary hearing shall be-- ``(i) convened not less than 60 days after the order granting such hearing; and ``(ii) completed not more than 150 days after the order granting such hearing. ``(D) A district court shall enter a final order, granting or denying the application for a writ of habeas corpus, not later than 15 months after the date on which the State files its answer or, if no timely answer is filed, the date on which such answer is due, or not later than 60 days after the case is submitted for decision, whichever is earlier. ``(E) If the district court fails to comply with the requirements of this paragraph, the State may petition the court of appeals for a writ of mandamus to enforce the requirements. The court of appeals shall grant or deny the petition for a writ of mandamus not later than 30 days after such petition is filed with the court. ``(5) Time limits in court of appeals.--For any application described under paragraph (3), in the court of appeals the following shall apply: ``(A) A timely filed notice of appeal from an order issuing a writ of habeas corpus shall operate as a stay of that order pending final disposition of the appeal. ``(B) The court of appeals shall decide the appeal from an order granting or denying a writ of habeas corpus-- ``(i) not later than 120 days after the date on which the brief of the appellee is filed or, if no timely brief is filed, the date on which such brief is due; or ``(ii) if a cross-appeal is filed, not later than 120 days after the date on which the appellant files a brief in response to the issues presented by the cross-appeal or, if no timely brief is filed, the date on which such brief is due. ``(C)(i) Following a decision by a panel of the court of appeals under subparagraph (B), a petition for panel rehearing is not allowed, but rehearing by the court of appeals en banc may be requested. The court of appeals shall decide whether to grant a petition for rehearing en banc not later than 30 days after the date on which the petition is filed, unless a response is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the response is filed or, if no timely response is filed, the date on which the response is due. ``(ii) If rehearing en banc is granted, the court of appeals shall make a final determination of the appeal not later than 120 days after the date on which the order granting rehearing en banc is entered. ``(D) If the court of appeals fails to comply with the requirements of this paragraph, the State may petition the Supreme Court or a justice thereof for a writ of mandamus to enforce the requirements. ``(6) Application of time limits.-- ``(A) In general.--The time limitations under paragraphs (4) and (5) shall apply to an initial application described under paragraph (3), any second or successive application described under paragraph (3), and any redetermination of an application described under paragraph (3) or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings. ``(B) Remand in district court.--In proceedings following remand in the district court, time limits running from the time the State files its answer under paragraph (4) shall run from the date the remand is ordered if further briefing is not required in the district court. If there is further briefing following remand in the district court, such time limits shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, the date on which such brief is due. ``(C) Remand in court of appeals.--In proceedings following remand in the court of appeals, the time limit specified in paragraph (5)(B) shall run from the date the remand is ordered if further briefing is not required in the court of appeals. If there is further briefing in the court of appeals, the time limit specified in paragraph (5)(B) shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, from the date on which such brief is due. ``(7) Failure to comply.--The failure of a court to meet or comply with a time limitation under this subsection shall not be a ground for granting relief from a judgment of conviction or sentence, nor shall the time limitations under this subsection be construed to entitle a capital applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.''. SEC. 4. APPLICATION TO PENDING CASES. (a) In General.--The amendments made by this Act shall apply to cases pending on or after the date of enactment of this Act. (b) Time Limits.--In a case pending on the date of enactment of this Act, if the amendments made by this Act provide that a time limit runs from an event or time that has occurred prior to such date of enactment, the time limit shall run instead from such date of enactment.

Public Safety Officers' Defense Act - Amends the Federal judicial code to deny a court, justice, or judge jurisdiction to consider any claim relating to the judgment or sentence in an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for killing a public safety officer, unless the applicant shows constitutional error or that the claim qualifies for consideration based on a new rule of constitutional law or a factual predicate that could not have been previously discovered. Directs that any such application presented to a court, justice, or judge other than a district court be transferred to the appropriate district court for consideration or dismissal, with an exception. Sets forth requirements regarding time limits in: (1) district court (e.g., any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer); and (2) the court of appeals (e.g., the court shall decide the appeal from an order granting or denying a writ of habeas corpus not later than 120 days after the date on which the brief of the appellee is filed). Makes time limitations under this Act applicable to an initial application, a second or successive application, and any re-determination of an application or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings.

A bill to limit and expedite Federal collateral review of convictions for killing a public safety officer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern New Mexico and El Paso, Texas, Veterans Traumatic Brain Injury Care Improvement Act of 2011''. SEC. 2. REPORT ON ESTABLISHMENT OF POLYTRAUMA REHABILITATION CENTER OR POLYTRAUMA NETWORK SITE OF DEPARTMENT OF VETERANS AFFAIRS IN SOUTHERN NEW MEXICO AND EL PASO, TEXAS, REGION. (a) Findings.--Congress makes the following findings: (1) The military population of the southern New Mexico and El Paso, Texas, region has grown greatly since the United States has been involved in military operations in Iraq and Afghanistan and members of the Armed Forces returning from such operations to such region will require care at polytrauma centers as a result of their involvement with such operations. (2) The population at Fort Bliss in Texas and New Mexico is expected to grow from 9,300 members of the Armed Forces in 2005 to an estimated 33,400 members of the Armed Forces by 2012 because of the ongoing expansion of Fort Bliss. (3) Traumatic brain injury has become known as one of the signature wounds of service in the Armed Forces in Iraq and Afghanistan because of its high occurrence among veterans of such service. Many members of the Armed Forces returning to the El Paso, Texas, and southern New Mexico region from overseas service in the Armed Forces are expected to suffer from traumatic brain injury or other forms of injury requiring treatment at a polytrauma rehabilitation center or polytrauma network site. (4) A recent RAND Corporation study estimates that as many as 20 percent of the veterans who served in the Armed Forces in Iraq and Afghanistan have a traumatic brain injury as a result of such service, and many of these veterans require ongoing care for mild, moderate, or severe traumatic brain injury. (5) The Department of Veterans Affairs recommends that all veterans experiencing a polytraumatic injury be referred to a polytrauma rehabilitation center or polytrauma network site of the Department. (6) The polytrauma system of care of the Department includes 4 polytrauma rehabilitation centers and 21 polytrauma network sites, none of which are located within 300 miles driving distance of Fort Bliss, White Sands Missile Range, or Holloman Air Force Base. (7) The large military population in the southern New Mexico and El Paso, Texas, region necessitates a new polytrauma rehabilitation center or polytrauma network site of the Department to deal with the significant hardships veterans residing in such region require. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the feasibility and advisability of establishing a polytrauma rehabilitation center or polytrauma network site of the Department of Veterans Affairs in the southern New Mexico and El Paso, Texas, region that is within a reasonable driving distance of Fort Bliss, White Sands Missile Range, and Holloman Air Force Base. (2) Requirements.--The report required by paragraph (1) shall include the following: (A) An assessment of the adequacy of existing Department facilities in the southern New Mexico and El Paso, Texas, region to address matters that are otherwise addressed by polytrauma rehabilitation centers and polytrauma network sites of the Department. (B) A comparative assessment of the effectiveness of rehabilitation programs for individuals with traumatic brain injuries in urban areas with the effectiveness of such programs for individuals with traumatic brain injuries in rural and frontier communities. (C) An assessment of whether therapies that can prevent or remediate the development of secondary neurologic conditions related to traumatic brain injury can be interrupted by stress caused by living in an urban area. (D) The relation of high cost of living to the recovery of veterans and the impact on their families in comparison to recovery in an area where there is a lower cost of living. (3) Locations.--In preparing the report required by paragraph (1), the Secretary shall consider and evaluate various locations for the potential location of a new polytrauma rehabilitation center or polytrauma network site. One location receiving such consideration and evaluation shall be the Fort Bayard Medical Center in Grant County, New Mexico. (4) Consultation.--In preparing the report required by paragraph (1), the Secretary shall consult with appropriate State and local government agencies in the southern New Mexico and El Paso, Texas, region.

Southern New Mexico and El Paso, Texas, Veterans Traumatic Brain Injury Care Improvement Act of 2011 - Directs the Secretary of Veterans Affairs to report to Congress on the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site of the Department of Veterans Affairs (VA) in the southern New Mexico and El Paso, Texas, region that is within a reasonable driving distance of Fort Bliss, White Sands Missile Range, and Holloman Air Force Base. Requires the Fort Bayard Medical Center in Grant County, New Mexico, to be evaluated as a potential location for such a Center or Site.

A bill to require the Secretary of Veterans Affairs to submit to Congress a report on the feasibility and advisability of establishing of a polytrauma rehabilitation center or polytrauma network site of the Department of Veterans Affairs in the southern New Mexico and El Paso, Texas, region, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Disease Risk Assessment, Prevention, and Control Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) it is in the interest of the United States to maintain healthy livestock herds; (2) managing the risks of foot and mouth disease, bovine spongiform encephalopathy, and related diseases in the United States may require billions of dollars for remedial activities by consumers, producers, and distributors of meat and blood products; (3) the potential introduction of those diseases into the United States would cause devastating financial losses to-- (A) the agriculture industry and other economic sectors; and (B) United States trade in the affected animals and animal products; (4) foot and mouth disease is a severe and highly contagious viral infection affecting cattle, deer, goats, sheep, swine, and other animals; (5) the most effective means of eradicating foot and mouth disease is by the slaughter of affected animals; (6) while foot and mouth disease was eradicated in the United States in 1929, the virus could be reintroduced by-- (A) a single infected animal, an animal product, or a person carrying the virus; (B) an act of terrorism; or (C) other means; (7) once introduced, foot and mouth disease can spread quickly through-- (A) exposure to aerosols from infected animals; (B) direct contact with infected animals; and (C) contact with contaminated feed, equipment, or humans harboring the virus or carrying the virus on their clothing; (8) foot and mouth disease is endemic to more than \2/3\ of the world and is considered to be widespread in parts of Africa, Asia, Europe, and South America; (9) foot and mouth disease occurs in over 7 different serotypes and 60 subtypes; (10) as foot and mouth disease outbreaks have occurred, the United States has banned the importation of live ruminants and swine and many animal products from countries affected by foot and mouth disease; (11) recently, the United States has implemented bans in response to outbreaks in Argentina, the European Union, and Taiwan; (12) although United States exclusion programs have been successful at keeping foot and mouth disease out of the United States since 1929, recent outbreaks in Argentina, the European Union, and Taiwan are placing an unprecedented strain on our animal health system; (13) bovine spongiform encephalopathy is a transmissible, neuro-degenerative disease found in cattle; (14) in cattle with bovine spongiform encephalopathy, the active agent is found primarily in the brain and spinal cord and has not been found in commonly consumed beef products; (15) bovine spongiform encephalopathy is thought to have an incubation period of several years but is ultimately fatal to cattle within weeks of onset of the active disease; (16) bovine spongiform encephalopathy was first widely found in 1986 in cattle in the United Kingdom; (17) bovine spongiform encephalopathy-carrying cattle have been found in cattle in Belgium, Denmark, France, Germany, Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, Portugal, Spain, and Switzerland; (18) cattle infected with bovine spongiform encephalopathy originating from the United Kingdom have been found and intercepted in Canada; (19) since 1989, the Secretary of Agriculture has prohibited the importation of live grazing animals from countries where bovine spongiform encephalopathy has been found in cattle; (20) other products derived from grazing animals, such as blood meal, bonemeal, fat, fetal bovine serum, glands, meat- and-bone meal, and offal, are prohibited from entry, except under special conditions or under permits issued by the Secretary of Agriculture for scientific or research purposes; (21) on December 12, 1997, the Secretary of Agriculture extended those restrictions to include all countries in Europe because of concerns about widespread risk factors and inadequate surveillance for bovine spongiform encephalopathy; (22) on December 7, 2000, the Secretary of Agriculture prohibited all imports of rendered animal protein products from Europe; (23) Creutzfeldt-Jacob disease is a human spongiform encephalopathy; (24) on March 20, 1996, the Spongiform Encephalopathy Advisory Committee of the United Kingdom announced the identification of 10 cases of a new variant of Creutzfeldt- Jacob disease; (25) all 10 patients developed onsets of the disease in 1994 or 1995; (26) scientific experts (including scientists at the Department of Agriculture, the Department of Health and Human Services, and the World Health Organization) are studying the possible link (including potential routes of transmission) between bovine spongiform encephalopathy and variant Creutzfeldt-Jacob disease; (27) from October 1996 to December 2000, 87 cases of variant Creutzfeldt-Jacob disease have been reported in the United Kingdom, 3 cases in France, and 1 case in Ireland; and (28) to reduce the risk of human spongiform encephalopathies in the United States, the Commissioner of Food and Drugs has-- (A) banned individuals who lived in Great Britain for at least 180 days since 1980 from donating blood in the United States; and (B) established regulations that prohibit the feeding of most animal-derived proteins to grazing animals. (b) Purpose.--The purpose of this Act is to provide the people of the United States and Congress with information concerning-- (1) actions by Federal agencies to prevent foot and mouth disease, bovine spongiform encephalopathy, and related diseases; (2) the sufficiency of legislative authority to prevent or control foot and mouth disease, bovine spongiform encephalopathy, and related diseases in the United States; (3) the economic impacts associated with the potential introduction of foot and mouth disease, bovine spongiform encephalopathy, and related diseases into the United States; and (4) the risks to public health from possible links between bovine spongiform encephalopathy and other spongiform encephalopathies to human illnesses. SEC. 3. REPORT TO CONGRESS. (a) Preliminary Report.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committees and Subcommittees described in paragraph (2) a preliminary report concerning-- (A) coordinated interagency activities to assess, prevent, and control the spread of foot and mouth disease and bovine spongiform encephalopathy in the United States; (B) sources of information from the Federal Government available to the public on foot and mouth disease and bovine spongiform encephalopathy; and (C) any immediate needs for additional legislative authority, appropriations, or product bans to prevent the introduction of foot and mouth disease or bovine spongiform encephalopathy into the United States. (2) Submission of report to congress.--The Secretary shall submit the preliminary report to-- (A) the Committee on Agriculture of the House of Representatives; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Subcommittee on Agriculture, Rural Development, and Related Agencies of the Committee on Appropriations of the Senate; and (D) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives. (b) Final Report.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committees and Subcommittees described in subsection (a)(2) a final report that-- (A) discusses the economic impacts associated with the potential introduction of foot and mouth disease, bovine spongiform encephalopathy, and related diseases into the United States; (B) discusses the potential risks to public and animal health from foot and mouth disease, bovine spongiform encephalopathy, and related diseases; and (C) provides recommendations to protect the health of animal herds and citizens of the United States from those risks including, if necessary, recommendations for additional legislation, appropriations, or product bans. (2) Contents.--The report shall contain-- (A) an assessment of the risks to the public presented by the potential presence of foot and mouth disease, bovine spongiform encephalopathy, and related diseases in domestic and imported livestock, livestock and animal products, wildlife, and blood products; (B) recommendations to reduce and manage the risks of foot and mouth disease, bovine spongiform encephalopathy, and related diseases; (C) any plans of the Secretary to identify, prevent, and control foot and mouth disease, bovine spongiform encephalopathy, and related diseases in domestic and imported livestock, livestock products, wildlife, and blood products; (D) a description of the incidence and prevalence of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in other countries; (E) a description and an analysis of the effectiveness of the measures taken to assess, prevent, and control the risks of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in other countries; (F) a description and an analysis of the effectiveness of the measures that the public, private, and nonprofit sectors have taken to assess, prevent, and control the risk of foot and mouth disease, bovine spongiform encephalopathy, and related diseases in the United States, including controls of ports of entry and other conveyances; (G) a description of the measures taken to prevent and control the risk of bovine spongiform encephalopathy and variant Creutzfeldt-Jacob disease transmission through blood collection and transfusion; (H) a description of any measures (including any planning or managerial initiatives such as interagency, intergovernmental, international, and public-private sector partnerships) that any Federal agency plans to initiate or continue to assess, prevent, and control the spread of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in the United States and other countries; (I) plans by Federal agencies (including the Centers for Disease Control and Prevention)-- (i) to monitor the incidence and prevalence of the transmission of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in the United States; and (ii) to assess the effectiveness of efforts to prevent and control the spread of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases in the United States; (J) plans by Federal agencies (including the Agricultural Research Service, the Cooperative State Research, Education, and Extension Service, and the National Institutes of Health) to carry out, in partnership with the private sector-- (i) research programs into the causes and mechanism of transmission of foot and mouth disease and bovine spongiform encephalopathy; and (ii) diagnostic tools and preventive and therapeutic agents for foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases; (K) plans for providing appropriate compensation for affected animals in the event of the introduction of foot and mouth disease, bovine spongiform encephalopathy, or related diseases into the United States; and (L) recommendations to Congress for legislation that will improve efforts to assess, prevent, or control the transmission of foot and mouth disease, bovine spongiform encephalopathy, variant Creutzfeldt- Jacob disease, and related diseases in the United States and in other countries. (c) Consultation.-- (1) Preliminary report.--In preparing the preliminary report under subsection (a), the Secretary shall consult with-- (A) the Secretary of the Treasury (B) the Secretary of Commerce; (C) the Secretary of State; (D) the Secretary of Health and Human Services; (E) the Secretary of Defense; (F) the United States Trade Representative; (G) the Director of the Federal Emergency Management Agency; and (H) representatives of other appropriate Federal agencies; (2) Final report.--In preparing the final report under subsection (b), the Secretary shall consult with-- (A) the individuals listed in paragraph (1); (B) private and nonprofit sector experts in infectious disease, research, prevention, and control; (C) international, State, and local governmental animal health officials; (D) private, nonprofit, and public sector livestock experts; (E) representatives of blood collection and distribution entities; and (F) representatives of consumer and patient organizations and other interested members of the public.

Animal Disease Risk Assessment, Prevention, and Control Act of 2001 - Directs the Secretary of Agriculture to submit a preliminary report to specified congressional committees concerning: (1) interagency measures to assess, prevent, and control the spread of foot and mouth disease and bovine spongiform encephalopathy ("mad cow disease") in the United States; (2) related Federal information sources available to the public; and (3) the need for any additional legislative authority or product bans.Directs the Secretary to submit a final report to such committees that discusses such diseases' economic impacts, public and animal health risks, and related legislative authority or product bans.

A bill to provide the citizens of the United States and Congress with a report on coordinated actions by Federal agencies to prevent the introduction of foot and mouth disease and bovine spongiform encephalopathy into the United States and other information to assess the economic and public health impacts associated with the potential threats presented by those diseases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Interstate Abortion Notification Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to abortion and incest. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor's abortion decision, in force in the State in which the minor resides, shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed or induced on the minor, in a State other than the State in which the minor resides or in a foreign country, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor's abortion decision had the abortion been performed in the State in which the minor resides. ``(b) Exceptions.-- ``(1) Life-endangering conditions.--The prohibition under subsection (a) shall not apply if the abortion is necessary to save the life of the minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) Minors and parents.--A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant-- ``(1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required under the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State in which the minor resides; or ``(2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child; ``(2) the term `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under a law requiring parental involvement in a minor's abortion decision; ``(4) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis-- ``(i) who has care and control of the minor; ``(ii) with whom the minor regularly resides; and ``(iii) who is designated by the law requiring parental involvement in the minor's abortion decision as an individual to whom notification, or from whom consent, is required; and ``(5) the term `State' includes-- ``(A) the District of Columbia; ``(B) any commonwealth, possession, or other territory of the United States; and ``(C) any Indian tribe or reservation. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion and incest ``(a) Offense.--Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both. ``(b) Definitions.--For the purposes of this section, the terms `abortion', `minor', and `State' have the meanings given those terms in section 2435.''. SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. Part I of title 18, United States Code, is amended by inserting after chapter 117A (as added by section 2) the following: ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION ``Sec. ``2435. Child interstate abortion notification. ``Sec. 2435. Child interstate abortion notification ``(a) Offense.-- ``(1) Generally.--A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Parental notification.-- ``(A) Actual notice.--A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed or induced shall provide, or cause his or her agent to provide, not less than 24 hours actual notice to a parent of the minor before performing or inducing the abortion. ``(B) Constructive notice.--If actual notice to a parent under subparagraph (A) is not accomplished after a reasonable effort has been made, not less than 24 hours constructive notice shall be given to a parent of the minor before the abortion is performed or induced. ``(b) Exceptions.--The notification requirement under subsection (a)(2) shall not apply if-- ``(1) the abortion is performed or induced in a State that has in force a law requiring parental involvement in a minor's abortion decision and the physician complies with the requirements of that law; ``(2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; ``(3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; ``(4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, except that an exception under this paragraph shall not apply unless the attending physician or an agent of such physician, not later than 24 hours after completion of the abortion, notifies a parent of the minor in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or ``(5) the minor is physically accompanied by a person who presents the physician or his or her agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. ``(c) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). ``(d) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to-- ``(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or ``(ii) remove a dead unborn child; ``(2) the term `actual notice' means the giving of written notice directly, in person, by the physician or any agent of the physician; ``(3) the term `constructive notice' means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, excluding days on which mail is not delivered; ``(4) the term `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph; ``(5) the term `minor' means an individual who-- ``(A) has not attained the age of 18 years; and ``(B) is not emancipated under the law of the State in which the minor resides; ``(6) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis-- ``(i) who has care and control of the minor; and ``(ii) with whom the minor regularly resides, as determined by State law; ``(7) the term `physician' means-- ``(A) a doctor of medicine legally authorized to practice medicine by the State in which the doctor practices medicine; or ``(B) any other person legally empowered under State law to perform an abortion; and ``(8) the term `State' includes-- ``(A) the District of Columbia; ``(B) any commonwealth, possession, or other territory of the United States; and ``(C) any Indian tribe or reservation.''. SEC. 4. CLERICAL AMENDMENT. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: ``117A. Transportation of minors in circumvention of certain 2431 laws relating to abortion. ``117B. Child interstate abortion notification.............. 2435''. SEC. 5. SEVERABILITY AND EFFECTIVE DATE. (a) Severability.--The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) Effective Date.--This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act.

Child Interstate Abortion Notification Act This bill amends the federal criminal code to make it a crime to knowingly transport a minor to another state to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. A violator is subject to criminal penalties—a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion. Additionally, this bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first complying with parental notification requirements, subject to specified exceptions. A physician violator is subject to criminal penalties—a fine, up to one year in prison, or both.

Child Interstate Abortion Notification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Central American Deportation Relief Act''. SEC. 2. MODIFICATION OF PHYSICAL PRESENCE RULE WITH REGARD TO SUSPENSION OF DEPORTATION. (a) In General.--Section 309(c)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-627)) is amended to read as follows: ``(5) Transitional rules with regard to suspension of deportation.-- ``(A) Calculation of period of continuous physical presence.--Paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act (relating to continuous residence or physical presence) shall apply to notices to appear, or orders to show cause (referred to in section 242B(a)(1) of the Immigration and Nationality Act, as in effect before the title III-A effective date), issued before, on, or after the date of the enactment of this Act. ``(B) Exception for certain orders.--In any case in which the Attorney General elects to terminate and reinitiate proceedings in accordance with paragraph (3) of this section, paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act shall not apply to an order to show cause issued before April 1, 1997. ``(C) Special rule for certain aliens granted temporary protection from deportation.-- ``(i) In general.--For purposes of calculating the period of continuous physical presence under section 244(a) of the Immigration and Nationality Act (as in effect before the title III-A effective date) or section 240A of such Act (as in effect after the title III-A effective date), such period is deemed to terminate on April 1, 1997, in the case of an alien who demonstrates that the alien has not been convicted at any time of an aggravated felony (as defined in section 101(a) of the Immigration and Nationality Act); has not been apprehended while attempting to enter the United States unlawfully after December 12, 1990; and is-- ``(I) a Salvadoran national who first entered the United States on or before September 19, 1990; who registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991) on or before October 31, 1991, or applied for temporary protected status on or before October 31, 1991; and who applied for asylum under section 208 of the Immigration and Nationality Act on or before February 16, 1996; ``(II) a Guatemalan national who first entered the United States on or before October 1, 1990; who registered for benefits pursuant to such settlement agreement on or before December 31, 1991; and who applied for asylum under section 208 of the Immigration and Nationality Act on or before January 3, 1995; or ``(III) a Nicaraguan national who first entered the United States on or before April 1, 1990. ``(ii) Motions to reopen deportation proceedings.--Any alien found ineligible for suspension of deportation prior to July 10, 1997, solely on the basis of this paragraph (as in effect prior to the effective date of the Central American Deportation Relief Act), and who claims eligibility for suspension of deportation as a result of the amendments made by section 101 of such Act, may, notwithstanding any other limitations imposed by law on motions to reopen, file one motion to reopen deportation proceedings to apply for suspension of deportation. The Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of the Central American Deportation Relief Act and shall extend for a period not to exceed 180 days.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546). SEC. 3. MODIFICATION OF HARDSHIP RULE WITH REGARD TO SUSPENSION OF DEPORTATION. (a) In General.--Section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-625)), as amended by section 1, is further amended by adding at the end the following: ``(8) Transitional rule with regard to suspension of deportation hardship standard.-- ``(A) In general.--Except as provided in subparagraph (B) and notwithstanding paragraphs (1) and (2) of section 244(a) of the Immigration and Nationality Act (as in effect before the title III-A effective date), section 240A(b)(1)(D) of the Immigration and Nationality Act shall apply to an alien-- ``(i) whose application for suspension of deportation was filed in deportation proceedings that were commenced before the title III-A effective date; and ``(ii) on which application no final administrative action was taken prior to the date of the enactment of the Central American Deportation Relief Act. ``(B) Exception.--Subparagraph (A) shall not apply to any alien described in paragraph (5)(C)(i).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. OFFSET FOR LIMITATION ON CANCELLATIONS OF REMOVAL AND SUSPENSIONS OF DEPORTATION. (a) Annual limitation.--Section 240A(e) of the Immigration and Nationality Act (8 U.S.C. 1229b(e)) is amended to read as follows: ``(e) Annual Limitation.-- ``(1) Aggregate limitation.--Subject to paragraphs (2) and (3), the Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), of a total of more than 4,000 aliens in any fiscal year. The previous sentence shall apply regardless of when an alien applied for such cancellation and adjustment, or such suspension and adjustment, and whether such an alien had previously applied for suspension of deportation under such section 244(a). The numerical limitation under this paragraph shall apply to the aggregate number of decisions in any fiscal year to cancel the removal (and adjust the status) of an alien, or suspend the deportation (and adjust the status) of an alien, under this section or such section 244(a). ``(2) Fiscal year 1997.--For fiscal year 1997, paragraph (1) shall only apply to decisions to cancel the removal of an alien, or suspend the deportation of an alien, made after April 1, 1997. ``(3) Offset for decisions in excess of aggregate limitation.--In fiscal year 1998 and subsequent fiscal years, and with respect only to aliens described in section 309(c)(5)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by the Central American Deportation Relief Act), the Attorney General may elect to exceed the aggregate numerical limitation under paragraph (1) by a number not greater than 10,000. For each such alien granted cancellation of removal or suspension of deportation in excess of 4,000 in such a fiscal year, the Attorney General shall reduce by 1, during the next following fiscal year, the total number of immigrant visas that are made available under section 203(b)(3)(A)(iii).''. (b) Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.--Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended in each of paragraphs (1) and (2) by striking ``may cancel removal in the case of an alien'' and inserting ``may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien''. (c) Recordation of Date.--Section 240A(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(3)) is amended to read as follows: ``(3) Recordation of date.--With respect to aliens who the Attorney General adjusts to the status of an alien lawfully admitted for permanent residence under paragraph (1) or (2), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of the Attorney General's cancellation of removal under paragraph (1) or (2).''. (d) April 1 Effective Date for Aggregate Limitation.--Section 309(c)(7) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-627)) is amended to read as follows: ``(7) Limitation on suspension of deportation.--After April 1, 1997, the Attorney General may not suspend the deportation and adjust the status under section 244 of the Immigration and Nationality Act (as in effect before the title III-A effective date) of any alien in any fiscal year, except in accordance with section 240A(e) of such Act. The previous sentence shall apply regardless of when an alien applied for such suspension and adjustment.''. (e) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546).

Central American Deportation Relief Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with regard to suspension of deportation provisions to modify: (1) the physical presence rule concerning certain reinitiated proceedings; and (2) the hardship rule. Provides a special determination of physical presence rule for certain Salvadoran, Guatemalan, or Nicaraguan nationals granted temporary deportation protection. Authorizes certain aliens to file motions to reopen their deportation proceedings. Revises related annual limitation and offset provisions.

Central American Deportation Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Super Pollutants Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Short-lived climate pollutants account for 40 percent of global warming currently impacting the atmosphere, even though such pollutants account for a much smaller percentage of warming agents by weight. (2) Reducing short-lived climate pollutant emissions could-- (A) prevent more than 2,000,000 premature deaths each year, according to the United Nations Environment Programme (UNEP); (B) prevent more than 30,000,000 tons of crop losses each year, according to UNEP; (C) cut the rate of sea level rise by 25 percent, according to the National Center for Atmospheric Research and the Scripps Institution of Oceanography; (D) cut the rate of warming by up to 0.6 degrees Celsius by 2050, according to UNEP; and (E) significantly contribute toward the overall global target of holding increased warming below 2 degrees Celsius. (3) The United States is one of the world's largest consumer of hydrofluorocarbons and is providing significant innovation in the development of low global warming potential (low-GWP) alternatives. (4) The United States could serve as a leader and exemplar of responsibly phasing down hydrofluorocarbon production and consumption. (5) The Montreal Protocol on Substances that Deplete the Ozone Layer has been an extraordinarily successful model for protecting the stratospheric ozone layer and achieving significant climate protection co-benefits. Since the treaty was signed in 1987, there has been a 98 percent reduction in ozone-depleting substances. (6) The interagency Strategy to Reduce Methane Emissions, released in March 2014, outlines a proactive agenda for reducing methane leakage and waste throughout the United States economy. SEC. 3. DEFINITIONS. In this Act: (1) High-GWP hfc.--The term ``high-GWP HFC'' means high global warming potential hydrofluorocarbons. (2) Short-lived climate pollutant.--The term ``short-lived climate pollutant'' means-- (A) black carbon; (B) methane; and (C) high-GWP HFC. SEC. 4. INTERAGENCY TASK FORCE ON SHORT-LIVED CLIMATE POLLUTANT MITIGATION. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation (referred to in this section as the ``Task Force''). (b) Members.--The Task Force shall include the head of all relevant Federal agencies (or their designated representatives), including the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of State, the United States Agency for International Development, the Department of Transportation, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration. (c) Duties.--The Task Force shall-- (1) review the policy recommendations made by the Interagency Climate Change Adaptation Task Force, the Interagency Strategy to Reduce Methane Emissions, the March 2012 report to Congress on Black Carbon, and the Council on Climate Preparedness and Resilience; (2) incorporate any appropriate proposals or recommendations made by the entities or reports referred to in paragraph (1) that are relevant to short-lived climate pollutants into the Task Force's action plan; (3) identify relevant Federal programs that are or could be addressing the reduction of short-lived climate pollutants in the United States and worldwide; (4) identify overlapping and duplicative programs addressing short-lived climate pollutants that would benefit from consolidation and streamlining; (5) identify gaps and serious deficiencies in United States programs targeted at short-lived climate pollutants, including those that can be achieved through a combination of assessment, scientific research, monitoring, and technological development activities; (6) not later than 18 months after the date of the enactment of this Act, submit a report to Congress on the findings and recommendations resulting from the activities described in paragraphs (1) through (5); and (7) in developing recommendations, consult with affected stakeholders in private industry. (d) Emission Reduction Plans.--Not later than 180 days after the date of the enactment of this Act, each Federal agency shall submit a report to the appropriate congressional committees that includes-- (1) the agency's plans for meeting the goals set forth in section 2 of Executive Order 13514 (October 5, 2009) to reduce hydrofluorocarbons, methane, and related indirect emissions, including tropospheric ozone, by the Federal Government; and (2) specific plans to purchase cleaner alternatives to high-GWP HFC whenever feasible and to transition over time to equipment that uses safer and more sustainable alternatives to high-GWP HFC. SEC. 5. REDUCTION OF BLACK CARBON EMISSIONS. (a) Comprehensive Plan.-- (1) In general.--Through the United States membership in the International Maritime Organization, the Secretary of State, in consultation with the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commandant of the Coast Guard, shall develop a comprehensive plan to reduce black carbon emissions from international shipping through-- (A) a clean freight partnership; (B) the inclusion of limits on black carbon; and (C) efforts that include protection of access to critical fuel shipments and emergency needs of coastal communities. (2) Roadmap.--A principal objective of the plan developed pursuant to paragraph (1) should be the creation, in coordination with the Department of Transportation, of a roadmap toward helping countries reduce fine-particle emissions (PM2.5) in the shipping sector through-- (A) the installation of advanced emissions controls; and (B) the reduction of sulfur content in fuels. (b) Black Carbon Emissions Reduction Goals.--In advance of and upon assuming the Chair of the Arctic Council, the Secretary of State should-- (1) lead an effort to reduce black carbon through an Arctic-wide aspirational black carbon goal; and (2) encourage observers of the Arctic Council (including India and China) to adopt national black carbon emissions reduction goals. (c) Climate and Clean Air Coalition.--Through the United States membership in the Climate and Clean Air Coalition to Reduce Short Lived Climate Pollutants (referred to in this section as the ``Coalition''), the Secretary of State is encouraged-- (1) to work with the Coalition to craft specific financing mechanisms for the incremental cost of international black carbon mitigation activities; and (2) to request that the Coalition produce a report of black carbon mitigation financing options. (d) Black Carbon Mitigation Activities.-- (1) Prioritization.--The Administrator of the United States Agency for International Development shall prioritize black carbon mitigation activities as part of aid distribution activities and give special emphasis to projects that produce substantial environmental and public health benefits, including support for clean-burning cookstoves and fuels. (2) Emissions reductions.--The Secretary of State, in collaboration with the Environmental Protection Agency and the Department of Transportation, should further aid international efforts to reduce black carbon emissions from diesel trucks, 2- stroke engines, diesel generators, and industrial processes by providing technical assistance-- (A) to help developing nations lower the sulfur content of their diesel fuels; (B) to expand access to diesel particulate filters; (C) to provide vehicle manufacturers with low- emission engine designs; (D) to work with the Global Alliance for Clean Cookstoves to help developing nations establish thriving markets for clean and efficient cooking solutions; and (E) to develop other mitigation activities, including energy efficiency alternatives for generators and industrial processes. SEC. 6. GLOBAL REDUCTIONS IN HIGH-GWP FLUORINATED GASES. (a) Sense of Congress.-- (1) Actions by environmental protection agency.--It is the sense of Congress that the Administrator of the Environmental Protection Agency should-- (A) amend any regulations issued under section 608 of the Clean Air Act (42 U.S.C. 7671g)-- (i) to include hydrofluorocarbons; and (ii) to expand initiatives relating to the recovery and reclamation of hydrofluorocarbons. (B) cooperate with the Secretary of Energy in considering modifications to the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) to recognize refrigerant systems that-- (i) achieve best-in-class energy efficiency savings; and (ii) utilize low global warming potential refrigerants and foam-blowing agents; and (C) remove high global warming potential hydrofluorocarbons from the Significant New Alternatives Policy Program authorized under section 612(c) of the Clean Air Act (42 U.S.C. 7671k(c)) for applications in which the Administrator has identified other alternatives that-- (i) are currently or potentially available; and (ii) reduce the overall risk to human health and the environment. (2) Sense of the senate.--It is the sense of the Senate that an amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer should ensure a smooth, technically feasible transition away from high-GWP HFC. (b) Study on High-GWP HFC Alternatives.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Energy and the Administrator of the Environmental Protection Agency, in collaboration with the National Institute of Standards and Technology, shall evaluate the availability of high-GWP HFC alternatives and submit a report to Congress that-- (1) identifies-- (A) the standards or regulatory barriers that are preventing the use of alternatives to high-GWP HFC in the United States that are in widespread use in other countries; (B) which standards or regulations need to be revised; and (C) what actions will be necessary to revise such standards or regulations; and (2) sets forth a plan for revising the standards referred to in paragraph (1) in the shortest possible time frame. (c) Prohibition of HCFC-22 Air Conditioning Condensing Equipment.-- (1) Amendment.--Section 605 of the Clean Air Act (42 U.S.C. 7671d) is amended by adding at the end the following: ``(e) HCFC-22 Air Conditioning Condensing Equipment.--Effective 1 year after the date of the enactment of the Super Pollutants Act of 2014, it shall be unlawful for any person to manufacture any uncharged hydrochlorofluorocarbon-22 air conditioning condensing equipment for residential use.''. (2) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations-- (A) to carry out the amendment made by paragraph (1); and (B) to reduce the allocation of HCFC-22 consumption allowances commensurate with anticipated decreased demand resulting from the prohibition of uncharged condensing equipment under sections 605(e) of the Clean Air Act, as added by paragraph (1). (d) R-134a Automotive Air Conditioning Servicing and Recharge Kits.-- (1) Study.--The Administrator of the Environmental Protection Agency shall conduct a study to determine whether the sale of R-134a automotive air conditioning recharge kits to consumers represents an environmentally significant source of high-GWP HFC emissions. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). SEC. 7. REDUCTION OF METHANE LEAKAGE. (a) Technical Guidance.--The Secretary of State, the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Secretary of Commerce shall-- (1) provide other countries with technical guidance on containment of emissions from gas drilling, landfills, coal mining, and agriculture when engaging with other governments, including trade delegations, under the auspices of Department of State's Global Shale Gas Initiative; and (2) collaborate with-- (A) the World Bank's Global Gas Flaring Reduction Partnership; and (B) the Environmental Protection Agency's Global Methane Initiative, Natural Gas STAR Program, and other voluntary reduction programs. (b) Gas Pipeline Infrastructure.-- (1) Study.-- (A) In general.--The Federal Energy Regulatory Commission, consistent with existing authority, shall conduct a study of methods utilized at facilities subject to the Commission's jurisdiction to reduce leaks and venting across natural gas facilities. (B) Issues to be examined.--In conducting the study required under this paragraph, the Commission shall examine-- (i) how the Commission's treatment of just and reasonable rates for interstate transmission could be reformed to incent pipeline operators to recover fugitive methane emissions; (ii) how the Commission could coordinate with other agencies, including the Department of Energy, the Environmental Protection Agency, and the Pipeline and Hazardous Materials Safety Administration, to ensure the development of rigorous and technically sound standards; and (iii) whether new pipeline systems are being engineered to meet the highest achievable standards for leak avoidance prior to being granted a construction certificate. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit a report to Congress that contains the results of the examination conducted pursuant to paragraph (1). (3) Inspection and maintenance program.--The Administrator of the Environmental Protection Agency shall establish a directed inspection and maintenance program that focuses on-- (A) identifying the types of equipment throughout the production value chain that are most likely to have high leak rates; and (B) efforts on replacing or monitoring those types of equipment. (c) Financing Conditions.--The U.S. Export-Import Bank and the Overseas Private Investment Corporation, when evaluating gas and oil- related projects for financial support, should condition financing for such projects upon-- (1) the deployment of the best technology, methods, and management practices for detecting and repairing leaks of methane throughout the oil and gas production, processing, transportation, and distribution system; (2) the minimization of venting and inefficient or unnecessary flaring; and (3) the deployment of best technology, methods, and management practices for reducing emissions of other air pollution, especially volatile organic compounds and hazardous air pollutants.

Super Pollutants Act of 2014 - Establishes requirements for agencies to evaluate, mitigate, reduce, and report on the following short-lived climate pollutant emissions (non-carbon dioxide pollutants that contribute to global warming even though they stay in the atmosphere for only a short time): black carbon (soot emissions that absorb sunlight, reduce the reflectivity of snow and ice when deposited on them, and generate heat), methane, and high global warming potential hydrofluorocarbons (high-GWP HFC). Requires the President to establish the Interagency Task Force on Short-Lived Climate Pollutant Mitigation to address these pollutants through an action plan. Directs the Department of State to develop a comprehensive plan to reduce black carbon emissions from international shipping. Requires the U.S. Agency for International Development (USAID) to prioritize black carbon mitigation activities as part of aid distribution activities. Requires the Department of Energy (DOE) and the Environmental Protection Agency (EPA) to evaluate the availability of high-GWP HFC alternatives. Amends the Clean Air Act to prohibit the manufacture of any uncharged hydrochlorofluorocarbon-22 air-conditioning condensing equipment for residential use. Requires the EPA to determine whether the sale of R-134a automotive air-conditioning recharge kits to consumers represents an environmentally significant source of high-GWP HFC emissions. Requires the State Department, the DOE, the EPA, and the Department of Commerce to provide other countries with technical guidance on containing emissions from gas drilling, landfills, coal mining, and agriculture. Directs the EPA to establish an inspection and maintenance program for equipment that has high leak rates of methane gas.

Super Pollutants Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clarence Gideon Full Access to Justice Act'' or the ``Gideon Act''. SEC. 2. DEFENDER OFFICE FOR SUPREME COURT ADVOCACY. (a) In General.--Chapter 201 of title 18, United States Code, is amended by inserting after section 3006A the following: ``Sec. 3006B. Defender Office for Supreme Court Advocacy ``(a) Definitions.--In this section-- ``(1) the term `Board' means the Board of Directors established under subsection (d) for the Office; ``(2) the term `consult' includes, with respect to covered cases-- ``(A) giving advice; ``(B) drafting or editing briefs; ``(C) providing assistance with moot courts; and ``(D) organizing or coordinating the drafting, editing, and filing of amicus curiae briefs; ``(3) the term `covered case' means a noncapital case involving an issue of Federal criminal statutory or constitutional law; ``(4) the term `Director' means the Director of the Office selected in accordance with subsection (e); and ``(5) the term `Office' means the Defender Office for Supreme Court Advocacy established under subsection (b). ``(b) Establishment; Purposes.--There is established in the District of Columbia a private nonmembership nonprofit corporation, which shall be known as the Defender Office for Supreme Court Advocacy, for the purpose of-- ``(1) advocating on behalf of individuals in covered cases before-- ``(A) the Supreme Court of the United States; and ``(B) when resources permit, the highest court of a State; and ``(2) providing assistance to attorneys advocating on behalf of individuals in covered cases described in paragraph (1). ``(c) Principal Office.--The Office shall maintain its principal office in the District of Columbia. ``(d) Board of Directors.-- ``(1) In general.--The Office shall have a Board of Directors consisting of 18 voting members-- ``(A) 6 of whom shall be Federal Public Defenders or Executive Directors of Community Defender Organizations described in section 3006A, elected by the Federal Public Defenders and the Executive Directors of Community Defender Organizations in each district; ``(B) 6 of whom shall be attorneys from a panel described in section 3006A(b), elected by the panel attorney district representatives; and ``(C) 6 of whom shall be State or local public defenders from geographically diverse States, who shall be elected by the individuals elected under subparagraphs (A) and (B) not later than 6 months after the date of the first meeting of the Board. ``(2) Staggered terms.-- ``(A) In general.--A member of the Board shall serve a term of 4 years, except that the first members elected to the Board under subparagraph (A) or (B) of paragraph (1) shall be divided into Class A and Class B. ``(B) Classes.--Class A and Class B shall each consist of-- ``(i) 3 members elected under paragraph (1)(A); and ``(ii) 3 members elected under paragraph (1)(B). ``(C) Terms.-- ``(i) Initial terms.--For the initial members of the Board-- ``(I) members of Class A shall serve a term of 2 years; ``(II) members of Class B shall serve a term of 4 years; and ``(III) members elected under paragraph (1)(C) shall serve a term of 4 years. ``(ii) Subsequent terms.--All subsequent terms shall be for a term of 4 years. ``(D) Membership of each class.--The membership of each class shall be determined by the members of the Board at the first meeting of the Board of Directors. ``(E) Vacancies.--Interim elections may be held to fill any vacancies. ``(3) Bylaws.--The Board shall establish bylaws to govern the operations of the Office. ``(e) Director.-- ``(1) In general.--The Board of Directors shall appoint a Director for the Office. ``(2) Requirement.--The Director appointed under paragraph (1) shall not be a member of the Board of Directors. ``(f) General Requirements for Director.--The Director shall be learned and experienced in the law applicable to Federal criminal appellate practice. ``(g) Functions of the Office.-- ``(1) Grants of petitions for writs of certiorari in the supreme court of the united states.-- ``(A) In general.--On the granting of a petition for a writ of certiorari by the Supreme Court of the United States in a covered case, the Office shall-- ``(i) consult with any counsel in a covered case in which the defendant was previously represented by counsel appointed under section 3006A; and ``(ii) when resources permit, be available to consult with counsel in any other covered case. ``(B) Arguing case.--In any covered case, an attorney described in clause (i) or (ii) of subparagraph (A) may-- ``(i) advocate on behalf of an individual before the Supreme Court of the United States; or ``(ii) permit the Office to advocate on behalf of an individual before the Supreme Court of the United States. ``(2) Filing of amicus curiae briefs.--The Office may file an amicus curiae brief-- ``(A) in any covered case in the Supreme Court of the United States; and ``(B) when resources permit, in a covered case in the highest courts of States. ``(3) Call for the views of the office; leave to participate in oral argument.--In any covered case-- ``(A) upon request by the Supreme Court of the United States-- ``(i) the Office may provide the views of the Office on the covered case; and ``(ii) an employee of the Office may participate in oral argument as amicus curiae; and ``(B) upon request by the highest court of a State, and when resources permit-- ``(i) the Office may provide the views of the Office on the covered case; and ``(ii) an employee of the Office may participate in oral argument as amicus curiae. ``(4) Monitoring court decisions and filing petitions for certiorari.--The Office may-- ``(A) monitor issues in covered cases-- ``(i) on which the courts of appeals of the United States are divided; or ``(ii) that involve significant Federal criminal statutory or constitutional issues; and ``(B) draft, edit, and file a petition for certiorari in the Supreme Court of the United States on behalf of an individual seeking review by the Supreme Court of the United States of a covered case. ``(5) Training.--The Office may provide training to carry out the purpose and functions of the Office. ``(6) Other functions.--In addition to the functions described in paragraphs (1) through (5), the Director may allocate any funds made available to the Office for any other function that the Director determines is necessary to carry out the purposes of the Office, including, when resources permit, advocacy in a covered case before the highest court of a State. ``(h) Employees.--The Director, subject to general policies established by the Office, has the authority to appoint and remove such employees of the Office as the Director determines necessary to carry out the purposes of the Office.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 201 of title 18, United States Code, is amended by inserting after the item relating to section 3006A the following: ``3006B. Defender Office for Supreme Court Advocacy.''.

Clarence Gideon Full Access to Justice Act or the Gideon Act This bill amends the federal criminal code by establishing the Defender Office for Supreme Court Advocacy as a private, nonmembership, nonprofit corporation. It must advocate on behalf of individuals in noncapital cases involving an issue of federal criminal statutory law or constitutional law before: (1) the Supreme Court of the United States, and (2) the highest courts in the states when resources permit. The office may also provide assistance to attorneys advocating on behalf of those individuals.

Gideon Act

SECTION 1. ESTABLISHMENT OF THE OFFICE OF WOMEN'S EQUITY. (a) Office of Women's Equity.--The Department of Education Organization Act is amended-- (1) by redesignating section 215 as 216; and (2) by inserting after section 214 the following: ``SEC. 215. OFFICE OF WOMEN'S EQUITY. ``(a) There shall be in the Department, an Office of Women's Equity, to be administered by a Director of Women's Equity, who shall be appointed by the Secretary. The Director shall promote, coordinate and evaluate gender equity programs, disseminate information, provide technical assistance, coordinate research activities, and administer grant programs. The Director shall report directly to the Secretary, and shall perform such additional functions as the Secretary shall prescribe. ``(b) The Director shall, not later than the final day of each fiscal year, submit a report to the President and the Congress setting forth the programs and activities assisted under the Women's Educational Equity Act, and provide for the distribution of such report to all interested groups and individuals.''. (b) Organizational Entity.--For purposes of section 413(a) of the Department of Education Organization Act, the Office of Women's Equity shall be considered to be an organizational entity established under such Act and shall not be subject to the reorganization authority of the Secretary of Education under such section or any other provision of law. SEC. 2. WOMEN'S EDUCATIONAL EQUITY PROGRAM. Part A of title IV of the Elementary and Secondary Education Act of 1965 is amended to read as follows: ``PART A--WOMEN'S EDUCATIONAL EQUITY ``SEC. 4001. SHORT TITLE. ``This part may be cited as the `Women's Educational Equity Act of 1993'. ``SEC. 4002. FINDINGS AND STATEMENT OF PURPOSE. ``(a) Findings.--The Congress finds and declares that-- (1) educational programs in the United States are frequently inequitable as such programs relate to women and girls; (2) such inequities limit the full participation of all individuals in American society; and (3) efforts to improve the quality of public education also must include efforts to ensure equal access to quality education programs for all women and girls. ``(b) Purpose.--The purpose of this part is to provide gender equity in education in the United States, to provide financial assistance to enable educational agencies and institutions to meet the requirements of title IX of the Educational Amendments of 1972, and to provide equity in education to women and girls who suffer multiple forms of discrimination based on sex, race, ethnic origin, limited English proficiency, disability, or age. ``SEC. 4003. PROGRAMS AUTHORIZED. ``The Director of the Office of Women's Educational Equity (referred to in this part as the `Director' is authorized-- ``(1) to promote, coordinate and evaluate gender equity policies, programs, activities and initiatives in all Federal education programs and offices; ``(2) to develop, maintain, and disseminate materials, resources, analyses and research relating to education equity for women and girls; ``(3) to provide information and technical assistance to assure the effective implementation of gender equity programs; ``(4) coordinate gender equity programs and activities with other Federal agencies that have jurisdiction over education and related programs; ``(5) to provide grants to develop model equity programs; ``(6) to provide funds for the implementation of equity programs in schools throughout the Nation; and ``(7) to coordinate or provide any other activities consistent with achieving the purposes of this part. ``SEC. 4004. LOCAL IMPLEMENTATION GRANTS. ``(a) Authority.--The Secretary is authorized to make grants to, and enter into contracts with, public agencies, private nonprofit agencies, organizations, and institutions, including students and community groups, for activities designed to achieve the purposes of this part at all levels of education, including preschool, elementary and secondary education, higher education, adult education and vocational and technical education; for the establishment and operation, for a period not exceeding 4 years, of local programs to ensure-- ``(1) educational equity for women and girls; ``(2) equal opportunities for both sexes; and ``(3) to conduct activities incident to achieving compliance with title IX of the Education Amendments of 1972. ``(b) Grant Program.--Authorized activities under subsection (a) may include-- ``(1) introduction into the curriculum and classroom of curricula, textbooks, and other material designed to achieve equity for women and girls; ``(2) implementation of preservice and inservice training with special emphasis on programs and activities designed to provide educational equity for women and girls; ``(3) evaluation of promising or exemplary model programs to assess the ability of such programs to improve local efforts to advance educational equity for women and girls; ``(4) implementation of programs and policies to address sexual harassment and violence against women and girls and to ensure that educational institutions are free from threats to the safety of students and personnel; ``(5) implementation of guidance and counseling activities, including career education programs, designed to ensure educational equity for women and girls; ``(6) implementation of nondiscriminatory tests of aptitude and achievement and of alternative assessments that eliminate biased assessment instruments from use; ``(7) implementation of programs to increase educational opportunities, including higher education, vocational training, and other educational programs for low-income women; including underemployed and unemployed women and women receiving Aid to Families with Dependent Children benefits; ``(8) implementation of programs to improve representation of women in educational administration at all levels; and ``(9) planning, development and initial implementation of-- ``(A) comprehensive plans for implementation of equity programs in State and local educational agencies and institutions of higher education, including community colleges; ``(B) innovative approaches to school-community partnerships for educational equity; and ``(C) innovative approaches to equity programs addressing combined bias, stereotyping, and discrimination on the basis of sex and race, ethnic origin, limited English proficiency, and disability. ``(c) Application; Participation.--A grant may be made, and a contract may be entered into, under this part only upon application to the Secretary, at such time, in such form, and containing or accompanied by such information as the Secretary may prescribe. Each such application shall-- ``(1) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant and in cooperation with appropriate educational and community leaders, including parent, teacher and student organizations, educational institutions, business leaders, community-based organizations serving women, and other significant groups and individuals; ``(2) describe a program for carrying out the purposes described in section 4004(b) which is likely to make a substantial contribution in attaining such purposes; ``(3) describe plans for continuation and institutionalization of the program with local support following completion of the grant period and termination of Federal support under this part; ``(4) establish policies and procedures which ensure adequate documentation and evaluation of the activities intended to be carried out under the application. ``(d) Criteria; Priorities; Categories of Competition.--The Secretary shall establish criteria, priorities, and categories of competition for awards under this part to ensure that available funds are used to achieve the purposes of this part. ``(1) The criteria shall address the extent to which-- ``(A) the program addresses the needs of women and girls of color and women and girls with disabilities; ``(B) the program meets locally defined and documented educational equity needs and priorities, including compliance with the requirements of title IX of the Education Amendments of 1972; ``(C) the program is a significant component of a comprehensive plan for educational equity and compliance with the requirements of title IX of the Education Amendments of 1972 in the particular local educational agency, institution of higher education, vocational-technical institution, or other educational agency or institution; and ``(D) the program implements an institutional strategy with long-term impact that will continue as a central activity of the applicant agency or institution after the grant is completed. ``(2) The Secretary shall establish not more than 4 priorities, 1 of which shall be a priority for compliance with title IX of the Educational Amendments of 1972. Not more than 60 percent of the funds available in each fiscal year under this part which implement the 4 priorities. ``(3) The Secretary shall establish 3 categories of competition, distinguishing among 3 types of applicants and levels of education that are-- ``(A) grants to local educational agencies, State education agencies, and other agencies and organizations providing elementary and secondary education; ``(B) grants to institutions of higher education, including community colleges and other agencies and organizations providing postsecondary education, including vocational-technical education, adult education, and other programs; and ``(C) grants to nonprofit organizations, including community-based organizations groups representing students, parents, and women, including women and girls of color and women and girls with disabilities. ``(e) Requirement.--Not less than 25 percent of funds used to support activities covered by subsection (b) shall be used for awards under each category of competition in each fiscal year. ``(f) Special Rule.--The Secretary shall ensure that the grants awarded each year address-- ``(1) all levels of education, including preschool, elementary and secondary education, higher education, vocational education, and adult education; ``(2) all regions of the United States, including at least 1 grant in each of the 10 Federal regions; and ``(3) urban, rural, and suburban educational institutions. ``SEC. 4005. RESEARCH AND DEVELOPMENT GRANTS. ``(a) Authority.--The Secretary is authorized to make grants to, and enter into contracts with, public agencies, private nonprofit agencies, organizations, and institutions, including students, and community groups, for activities designed to achieve the purpose of this part at all levels of education, including preschool, elementary and secondary education, higher education, adult education, and vocational-technical education, to develop model policies and programs, and to conduct research to address and ensure educational equities for women and girls, including but not limited to-- ``(1) the development and evaluation of gender-equitable curricula, textbooks, software, and other educational material and technology; ``(2) the development of model preservice and inservice training programs for educational personnel with special emphasis on programs and activities designed to provide educational equity; ``(3) the development of guidance and counseling activities, including career education programs, designed to ensure gender equity; ``(4) the development and evaluation of nondiscriminatory assessment systems; ``(5) the development of policies and programs to address and prevent sexual harassment and violence to ensure that educational institutions are free from threats to safety of students and personnel; ``(6) the development and improvement of programs and activities to increase opportunity for women, including continuing educational activities, vocational education, and programs for low-income women, including underemployed and unemployed women, and women receiving Aid to Families with Dependent Children; ``(7) the development of instruments and strategies for program evaluation and dissemination of promising or exemplary programs designed to improve local efforts to achieve gender equity; ``(8) the development of instruments and procedures to assess the presence or absence of gender equity in educational settings; and ``(9) the development and evaluation of various strategies to institutionalize gender equity in education. ``(b) Application.--A grant may be made, and a contract may be entered into, under this part only upon application to the Secretary, at such time, in such form, and containing or accompanied by such information as the Secretary may prescribe. Each such application shall-- ``(1) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant; ``(2) describe a plan for carrying out 1 or more research and development activities authorized in subsection (a) above, which is likely to make substantial contribution toward attaining the purposes of this part; and ``(3) set forth policies and procedures which ensure adequate documentation, data collection, and evaluation of the activities intended to be carried out under the application, including an evaluation or estimate of the potential for continued significance following completion of the grant period. ``(c) Criteria and Priorities.--(1) The Secretary shall establish criteria and priorities to ensure that available funds are used for programs that most effectively will achieve the purposes of this part. (2) The criteria and priorities shall be promulgated in accordance with section 431 of the General Education Provisions Act. (3) In establishing priorities the Secretary shall establish not more than 4 priorities, 1 of which shall be a program which addresses the educational needs of women and girls who suffer multiple or compound discrimination based on sex and on race, ethnic origin, disability, or age. ``(d) Special Rule.--The Secretary shall ensure that the total of grants awarded each year address-- ``(1) all levels of education, including preschool, elementary and secondary education, higher education, vocational education, and adult education; ``(2) all regions of the United States. ``(e) Limitation.--Nothing in this part shall be construed as prohibiting men and boys from participating in any programs or activities assisted under this part. ``SEC. 4006. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $100,000,000 for the fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, and 1998, to carry out the provisions of section 4004 of this part; and $10,000,000 for the fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, and 1998 to carry out the provisions of section 4005 of this part.''.

Amends the Department of Education Organization Act to establish an Office of Women's Equity as an organizational entity in the Department of Education. Requires the Director of such Office to report annually on the programs and activities assisted under the Women's Educational Equity Act. Women's Educational Equity Act of 1993 - Amends the Women's Educational Equity Act (part A of title IV of the Elementary and Secondary Education Act of 1965) to reauthorize and revise grant programs to encourage gender equity throughout the educational system, including grants for model equity programs, local implementation, and research and development. Gives the Director of the Office of Women's Equity specified responsibilities under such Act. Authorizes appropriations.

Women's Educational Equity Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Island Sound Stewardship Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) Long Island Sound is a national treasure of great cultural, environmental, and ecological importance; (2) 8,000,000 people live within the Long Island Sound watershed and 28,000,000 people (approximately 10 percent of the population of the United States) live within 50 miles of Long Island Sound; (3) activities that depend on the environmental health of Long Island Sound contribute more than $5,000,000,000 each year to the regional economy; (4) the portion of the shoreline of Long Island Sound that is accessible to the general public (estimated at less than 20 percent of the total shoreline) is not adequate to serve the needs of the people living in the area; (5) existing shoreline facilities are in many cases overburdened and underfunded; (6) large parcels of open space already in public ownership are strained by the effort to balance the demand for recreation with the needs of sensitive natural resources; (7) approximately \1/3\ of the tidal marshes of Long Island Sound have been filled, and much of the remaining marshes have been ditched, dyked, or impounded, reducing the ecological value of the marshes; and (8) many of the remaining exemplary natural landscape is vulnerable to further development. (b) Purpose.--The purpose of this Act is to establish the Long Island Sound Stewardship System to preserve areas of critical importance because of the open space, public access, and ecological value of the areas. SEC. 3. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the Long Island Sound Stewardship Coordinating Committee established by section 5(a). (2) Region.--The term ``Region'' means the Long Island Sound Stewardship System Region established by section 4(a). (3) States.--The term ``States'' means the States of Connecticut and New York. SEC. 4. LONG ISLAND SOUND STEWARDSHIP SYSTEM REGION. (a) Establishment.--There is established in the States the Long Island Sound Stewardship System Region. (b) Boundaries.--The Region shall encompass the immediate coastal upland and underwater areas along Long Island Sound, including those portions of the Sound with coastally influenced vegetation, as described on the map entitled the ``Long Island Sound Stewardship Region'' and dated April 21, 2004. SEC. 5. LONG ISLAND SOUND STEWARDSHIP COORDINATING COMMITTEE. (a) Establishment.--There is established a committee to be known as the ``Long Island Sound Stewardship Coordinating Committee''. (b) Chairperson.--The Chairperson of the Committee shall be the Director of the Long Island Sound Office of the Environmental Protection Agency, or designee. (c) Membership.-- (1) Composition.-- (A) In general.--The chairperson shall appoint the members of the Committee in accordance with this subsection and section 320(c) of the Federal Water Pollution Control Act (33 U.S.C. 1330(c)). (B) Representation.--The Committee shall-- (i) include equal representation of the interests of the States; and (ii) represent-- (I) Federal, State, and local government interests; (II) the interests of nongovernmental organizations; (III) academic interests; and (IV) private interests. (2) Date of appointments.--The appointment of a member of the Committee shall be made not later than 180 days after the date of enactment of this Act. (d) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Committee. (2) Vacancies.--A vacancy on the Committee-- (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment was made. (e) Initial Meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the initial meeting of the Committee. (f) Meetings.--The Committee shall meet at the call of the Chairperson, but not less than 4 times each year. (g) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 6. DUTIES OF THE COMMITTEE. The Committee shall-- (1) consistent with the guidelines described in section 9(c)-- (A) establish specific criteria for the evaluation of applications for stewardship site designations; and (B) evaluate and award or deny stewardship designation to applicants for that designation; (2) consistent with the guidelines described in section 9(d)-- (A) evaluate applications from government or nonprofit organizations qualified to hold conservation easements for funds to purchase land or development rights for stewardship sites; and (B) award funds to qualified applicants; (3) not later than 1 year after the date of enactment of this Act, develop and publish a management plan that-- (A) assesses the current resources of and threats to Long Island Sound; (B) assesses the role of the Long Island Sound Stewardship System in protecting Long Island Sound; (C) establishes-- (i) guidelines, schedules, and due dates for applying for designation as a stewardship site; and (ii) specific criteria to be used in evaluating stewardship site applications; (D) includes information about any grants that are available for the purchase of land or property rights to protect stewardship sites; (E) shall be made available to the public on the Internet and in hardcopy form; and (F) shall be updated at least every other year, with information on applications for stewardship site designation and funding published more frequently; and (4) concurrent with the first management plan, publish a list of sites that the Committee considers most appropriate for designation as stewardship sites. SEC. 7. POWERS OF THE COMMITTEE. (a) Hearings.--The Committee may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Committee may secure directly from a Federal agency such information as the Committee considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Committee, the head of the agency shall provide the information to the Committee. (c) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. SEC. 8. COMMITTEE PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal employees.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. (2) Federal employees.--A member of the Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel Expenses.--A member of the Committee shall be allowed travel expenses, 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 the duties of the Committee. (c) Staff.-- (1) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Committee to perform the duties of the Committee. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Committee. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Committee without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Committee may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 9. STEWARDSHIP SITES. (a) Definition of Qualifying Land.--In this section, the term ``qualifying land'' means land-- (1) that is in the Region; and (2) that is-- (A) Federal, State, local, or tribal land; (B) land owned by a nonprofit organization; or (C) privately owned land. (b) Application for Designation.--Owners or other parties in control of qualifying land may apply to the Committee to have the qualifying land designated as a Long Island Sound stewardship site. (c) General Guidelines for Stewardship Site Designation.-- (1) In general.--The Committee shall choose land to be designated as a stewardship site based on-- (A) the contribution of the land to open space on and public access to Long Island Sound; and (B) the ecological value of the land. (2) Criteria.--In considering land described in applications submitted under subsection (b), the Committee shall consider-- (A) land cover; (B) size; (C) adjacency and connectivity to existing parks and open spaces; (D) water quality; (E) current or prospective recreational use; (F) visitor demand; (G) scenic quality; (H) cultural resources; (I) erosion and flood hazard prevention; (J) environmental justice; (K) fish and wildlife productivity; (L) biodiversity; (M) scientific value; (N) water quality protection; (O) habitat restoration characteristics; (P) connectivity to other habitats that are vital to sustaining healthy living resources in the Long Island Sound watershed; (Q) risk of development; and (R) other criteria developed by the Committee under section 6(1)(A). (d) General Guidelines for Awarding Funds.-- (1) In general.--The Committee shall award funds to qualified applicants to help to secure and improve the open space, public access, or ecological values of stewardship sites, through-- (A) purchase of the property of the site; (B) purchase of relevant property rights of the site; or (C) entering into any other binding legal arrangement that ensures that the values of the site are preserved. (2) Equitable distribution of funds.--The Committee shall exert due diligence to distribute funds equitably between the States. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $40,000,000 for each fiscal year, to be allocated from the national estuary program under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330). (b) Allocation of Funds.--For each fiscal year-- (1) not more than 15 percent of funds made available under subsection (a) shall be used to improve the facilities of stewardship sites; and (2) at least 85 percent of funds made available under subsection (a) shall be used to secure the values of stewardship sites. (c) Federal Share.--The Federal share of the cost of an activity carried out using any assistance or grant under this Act shall not exceed 75 percent of the total cost of the activity.

Long Island Sound Stewardship Act of 2004 - Establishes the Long Island Sound Stewardship System Region in Connecticut and New York. Establishes the Long Island Sound Stewardship Coordinating Committee to evaluate applications: (1) from owners or other controlling parties to have qualifying land within the Region designated as "stewardship sites" for purposes of awarding preservation funds; and (2) from government or nonprofit organizations qualified to hold conservation easements for funds to purchase land or development rights for stewardship sites. Requires the Committee to develop and publish a management plan that describes the current status of Long Island Sound, the Committee's role in protecting it, and details of the stewardship site designation program.

A bill to establish the Long Island Sound Stewardship System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Recreation Management Act of 2002''. SEC. 2. AMENDMENTS TO THE FEDERAL WATER PROJECT RECREATION ACT. (a) Congressional Policy.--The first section of the Federal Water Project Recreation Act (16 U.S.C. 460l-12) is amended by striking ``public bodies'' and inserting ``entities''. (b) Allocation of Costs.--Section 2 of the Federal Water Project Recreation Act (16 U.S.C. 460l-13) is amended-- (1) in subsection (a) by striking ``, before authorization of a project,''; (2) in subsection (a), by striking ``public bodies'' and inserting ``entities'' and by striking ``Projects authorized during the calendar year'' and all that follows to the end of the subsection; (3) in subsection (b) by striking ``non-Federal interests'' each place it appears and inserting ``non-Federal entities''; (4) in subsection (b)(2)-- (A) by striking ``: Provided, That the source of repayment may be limited to'' and inserting ``. The source of repayment may include''; and (B) by inserting ``and retained'' after ``collected''; and (5) in subsection (b)(2) by adding at the end the following: ``Fees and charges may be collected, retained and used by the non-Federal entities for operation, maintenance, and replacement of recreation facilities on project lands and waters being managed by the non-Federal entities. As established by the Secretary, any excess revenues will be credited to the Reclamation Fund to remain available, without further Act of appropriation, to support recreation development and management of Bureau of Reclamation land and water areas.''. (c) Recreation and Fish and Wildlife Enhancement.--Section 3 of the Federal Water Project Recreation Act (16 U.S.C. 460l-14) is amended-- (1) by striking subsection (a), redesignating subsection (b) as subsection (a), and inserting after subsection (a) (as so redesignated) the following: ``(b) In the absence of a non-Federal managing partner, the Secretary of the Interior, acting through the Commissioner of Reclamation, is authorized, as a part of any water resource development project under the Secretary's control heretofore or hereafter authorized or reauthorized, to investigate, plan, construct, replace, manage, operate and maintain or otherwise provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with the other project purposes; the costs of which are nonreimbursable.''; (2) in subsection (a) (as so redesignated)-- (A) by inserting ``or enhance'' after ``project construction to preserve''; (B) by striking ``enhancement potential'' each place it appears and inserting ``resources''; (C) by striking ``public bodies'' each place it appears and inserting ``entities''; (D) by striking ``public body'' and inserting ``entity''; and (E) by striking ``or, in the absence thereof, will not detract from that potential''; (3) in subsection (c)(1)(B) by striking ``public body'' each place it appears and inserting ``entity''; and (4) by adding at the end of subsection (c) the following: ``(3) In the absence of a non-Federal managing partner, the Secretary of the Interior, acting through the Commissioner of Reclamation, may modify or expand existing facilities, the costs of which are nonreimbursable.''. (d) Lease of Facilities.-- (1) Repeal.--Section 4 of the Federal Water Project Recreation Act (16 U.S.C. 460l-15) is repealed, and sections 5 through 12 of such Act are redesignated as sections 4 through 11, respectively. (2) Conforming amendment.--Section 6(e) of the Federal Water Project Recreation Act (16 U.S.C. 460l-17(e)) is amended by striking ``4, and 5'' and inserting ``, and 4''. (e) Post Authorization Development.--Section 5 of the Federal Water Project Recreation Act (16 U.S.C. 460l-16) is amended by striking ``public bodies'' and inserting ``entities''. (f) Provision of Facilities.--Section 7 of the Federal Water Project Recreation Act (16 U.S.C. 460l-18) is amended-- (1) in subsection (e) by striking ``and 5'' and inserting ``and between 3 and 4''; (2) in subsection (g) by striking ``3(b)'' and inserting ``3(a)''; and (3) in subsection (h) by striking ``public bodies'' and inserting ``entities''; and by striking ``3(b)'' and inserting ``3(a)''. (g) Miscellaneous Reports.--Section 6 of the Federal Water Project Recreation Act (16 U.S.C. 460l-17) is amended by adding at the end the following: ``(i) Amounts collected under section 2805 of Public Law 102-575 for admission to or recreation use of project land and waters shall be deposited in a special account in the Reclamation Fund and remain available to the Commissioner of Reclamation without further appropriation until expended. Such funds may be used for the development, reconstruction, replacement, management, and operation of recreation resources on project lands and waters with not less than 60 percent being used at the site from which the fees were collected.''. (h) Management for Recreation, Fish and Wildlife, and Other Resources.--Section 7 of the Federal Water Project Recreation Act (16 U.S.C. 460l-18) is amended-- (1) by amending subsection (a) to read as follows: ``(a) The Secretary of the Interior, acting through the Commissioner of Reclamation, is authorized, in conjunction with any water resource development project heretofore or hereafter constructed or which is otherwise under the Secretary's control, to-- ``(1) investigate, plan, design, construct, replace, manage, operate, and maintain or otherwise provide for recreation and fish and wildlife enhancement facilities and services, the costs of which may be nonreimbursable; ``(2) provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with the other project purposes, including by entering into grants, cooperative agreements, and similar instruments with non- Federal entities, without cost sharing, for recreation projects and activities; and ``(3) to acquire or otherwise make available such adjacent lands or interests therein as are necessary for public recreation or fish and wildlife use.''; (2) in subsection (b)-- (A) by inserting ``, acting through the Commissioner of Reclamation,'' after ``the Secretary of the Interior''; (B) by inserting ``and management'' after ``administration''; (C) by striking ``lease''; and (D) by adding at the end the following: ``All such agreements or contracts for administration or management shall identify the terms and conditions of administration, management, and use, approvals required from Bureau of Reclamation, and assure public access to project lands managed for recreation.''; (3) by adding at the end the following: ``(d) The Secretary of the Interior, acting through the Commissioner of Reclamation, is also authorized to enter into agreements with other non-Federal entities for recreation and concession management at Bureau of Reclamation projects. All such agreements or contracts for management shall identify the terms and conditions of management and use, approvals required from the Bureau of Reclamation, and assure public access to project lands managed for recreation.''; and ``(e) The Secretary of the Interior, acting through the Commissioner of Reclamation, is authorized to approve the administration, management, and use of Bureau of Reclamation lands, waters, and the resources thereon by means of easements, leases, licenses, contracts, permits, and other forms of conveyance instruments. ``(f) The Secretary of the Interior, acting through the Commissioner of Reclamation, is authorized to produce, sell, or otherwise make available to the public: information about Bureau of Reclamation programs including publications, photographs, computer discs, maps, brochures, posters, videos, and other memorabilia related to the Bureau of Reclamation, and the natural, historic, and cultural resources of the area; and, other appropriate and suitable merchandise to enhance the public's use of the area. Income from such sales shall be credited to the Reclamation Fund to remain available, without further Act of appropriation, to pay costs associated with the production and sale of items, and any remaining revenue shall be available, without further Act of appropriation, to support recreation development and management of Bureau of Reclamation land and water areas.''. (i) Definitions.--Section 10 of the Federal Water Project Recreation Act (16 U.S.C. 460l-21) is amended by adding at the end the following: ``(f) The term `non-Federal entity' means non-Federal public bodies, nonprofit organizations, Indian tribes, or entities within the private sector.''. (j) Authorization of Appropriations.--The Federal Water Project Recreation Act (16 U.S.C. 460l-12 et seq.) is amended by redesignating section 11 (as redesignated by subsection (d) of this section) as section 12, and by inserting after section 10 the following: ``SEC. 11. AVAILABILITY OF APPROPRIATIONS. ``Funds appropriated under this section may remain available until expended.''. (k) Limitation on Application.--This section and the amendments made by this section shall apply only to water resource development projects under the control of the Secretary of the Interior. SEC. 3. RECREATIONAL FACILITIES AT LOST CREEK RESERVOIR. (a) Construction of Facilities.--As soon as practicable after funds are made available for this section, the Secretary of the Interior shall construct recreational facilities at Lost Creek Reservoir in Utah. (b) Maintenance and Operation of Facilities.--Construction of recreational facilities under subsection (a) shall begin only after the Secretary has entered into a cooperative agreement with the State of Utah that provides for the operation and maintenance of the recreational facilities. (c) Cost Sharing.--The Federal share of the cost of construction carried out under this section shall be 50 percent. SEC. 4. TECHNICAL CORRECTION. Section 1(g) of Public Law 107-69 (115 Stat. 595) is amended by striking ``section 2(c)(1)'' and inserting ``subsection (c)(1)''. SEC. 5. AUTHORIZATION OF AUSTIN, TEXAS, WASTEWATER RECLAMATION AND REUSE PROJECT. (a) Authorization of Project.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1635. AUSTIN, TEXAS, WATER RECLAMATION AND REUSE PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Austin Water and Wastewater Utility, Texas, is authorized to participate in the planning (including an appraisal and feasibility study), design, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Austin Water and Wastewater Utility, Texas. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.''. (b) Clerical Amendment.--The table of contents in section 2 of Public Law 102-575 (106 Stat. 4600) is amended by adding at the end of the items relating to chapter XVI the following: ``Sec. 1635. Austin, Texas, Water Reclamation and Reuse Project.''. SEC. 6. WILLARD BAY RESERVOIR ENLARGEMENT STUDY. (a) Authorization of Feasibility Study.--Pursuant to the reclamation laws, the Secretary of the Interior, through the Bureau of Reclamation, may conduct a feasibility study on raising the height of Arthur V. Watkins Dam and thereby enlarging the Willard Bay Reservoir for the development of additional storage to meet water supply needs within the Weber Basin Project area. The feasibility study shall include such environmental evaluation as required under the National Environmental Policy Act of 1969 and a cost allocation as required under the Reclamation Projects Act of 1939. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report on the results of the study to the Congress for review and approval. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $2,000,000. SEC. 7. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996. (a) Authorization of Cooperative and Interagency Agreements.-- Section 3(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note) is amended in the first sentence by inserting ``and cooperative and interagency agreements'' after ``contracts''. (b) Authorization of Appropriations.--Section 8 of such Act is amended-- (1) in subsection (a) by striking ``1997 through 2002'' and inserting ``2003 through 2008''; and (2) in subsection (b) by striking ``$25,000,000 for fiscal years 1997 through 2002'' and inserting ``$25,000,000 for fiscal years 2003 through 2008''. Passed the House of Representatives October 1, 2002. Attest: JEFF TRANDAHL, Clerk.

Reclamation Recreation Management Act of 2002 - (Sec. 2) Amends the Federal Water Project Recreation Act to allow fees to be collected under a project for recreation or fish and wildlife enhancement (project) and retained and used by the participating non-federal entities for operation, maintenance, and replacement of recreation facilities on project lands and waters being managed by such entities. Requires excess revenues to be credited to the Reclamation Fund.Repeals provisions limiting the modification of such projects. Authorizes the Secretary of the Interior to: (1) investigate, plan, construct, replace, manage, operate, maintain, or otherwise provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with other project purposes; and (2) modify or expand existing facilities.Requires: (1) amounts collected for admission to or recreation use of project land and waters to be deposited into a special account in the Fund; and (2) at least 60 percent of such amounts to be used at the site from which the fees were collected.Authorizes the Secretary to: (1) investigate, plan, design, construct, replace, manage, operate, and maintain recreation and fish and wildlife enhancement facilities and services; and (2) acquire or otherwise make available adjacent lands or interests for public recreation or fish and wildlife use.Authorizes the Secretary to: (1) enter into agreements with other non-federal entities for recreation and concession management at Bureau of Reclamation projects; and (2) make available to the public information about Bureau programs.(Sec. 3) Directs the Secretary to construct recreational facilities at Lost Creek Reservoir, Utah.(Sec. 5) Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary to participate in the planning, design, and construction of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside the service area of the City of Austin Water and Wastewater Utility, Texas. Prohibits the Federal cost share of such project from exceeding 25 percent.(Sec. 6) Authorizes the Secretary to conduct a feasibility study on raising the height of Arthur V. Watkins Dam and thereby enlarging the Willard Bay Reservoir for the development of additional storage to meet water supply needs within the Weber Basin Project area. Requires a report from the Secretary to Congress. Authorizes appropriations.(Sec. 7) Amends the Water Desalination Act of 1996 to: (1) authorize the Secretary to enter into cooperative and interagency agreements (as well as to award grants and enter into contracts) for research to develop processes for converting saline water into water suitable for beneficial uses; and (2) extend the authorization of appropriations through FY 2008.

To reauthorize and amend the Federal Water Project Recreation Act, and for other purposes.

SECTION 1. SHORT TITLE; CONGRESSIONAL APPROVAL OF GAO FINDINGS. (a) Short Title.--This Act may be cited as the ``Immigration Anti- Discrimination Improvement Act of 1993''. (b) Congressional Approval of GAO Findings.--The Congress approves the findings of the Comptroller General contained in the General Accounting Office (GAO) report entitled ``Immigration Reform: Employer Sanctions and the Question of Discrimination'', dated March 29, 1990 (identification number GAO/GGD-90-92). SEC. 2. APPLICATION OF PENALTIES FOR VIOLATION OF ANTI-DISCRIMINATION PROVISIONS. (a) In General.--Section 274B(c) of the Immigration and Nationality Act (8 U.S.C. 1324b(c)) is amended by adding at the end the following new paragraph: ``(5) Use of funds.--Notwithstanding section 3302 of title 31, United States Code, all civil penalties collected under this section shall be credited to the appropriation to be used in carrying out this section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to penalties assessed during fiscal years beginning with fiscal year 1994. SEC. 3. INCREASE IN BUDGET AUTHORIZATION FOR SPECIFIC ENFORCEMENT. In addition to any other accounts authorized to be appropriated, there are authorized to be appropriated for each fiscal year (beginning with fiscal year 1994), $10,000,000 for activities of regional offices of the Special Counsel for Immigration-Related Unfair Employment Practices within the Department of Justice. SEC. 4. ANNUAL REPORTS. Section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b) is amended by adding at the end the following new subsection: ``(m) Annual Reports.-- ``(1) GAO.--The Comptroller General shall submit to Congress each year a report concerning-- ``(A) the pervasiveness of unfair immigration- related employment practices described in subsection (a), and ``(B) enforcement under this section with respect to such practices. ``(2) Attorney general.--The Attorney General shall submit to Congress each year a report on the enforcement actions under this section (and under title VII of the Civil Rights Act of 1964) with respect to unfair immigration-related employment practices described in subsection (a).''. SEC. 5. RECEIPT OF CHARGES THROUGH DISTRICT OFFICES. Section 274B(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1324b(c)(4)) is amended by adding at the end the following: ``The Special Counsel shall provide for agreements with Federal and State agencies involved with enforcement of laws relating to prohibiting discrimination on the basis of national origin under which such agencies would receive charges respecting unfair immigration-related employment practices under this section and promptly forward such charges to the Special Counsel.''. SEC. 6. NATIONAL HOTLINE. Section 274B(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1324b(c)(2)) is amended by adding at the end the following new sentence: ``The Special Counsel shall establish a national, toll-free telephone service to receive charges of unfair immigration-related employment practices and otherwise provide for such outreach efforts as will educate the public concerning the provisions of this section.''. SEC. 7. TECHNICAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS. The Attorney General, through or in consultation with the Special Counsel for Immigration-Related Unfair Employment Practices, shall provide technical assistance to States and local governments concerning the provisions of section 274A and 274B of the Immigration and Nationality Act and the roles provided for receipt of charges of violations of such sections. SEC. 8. MONITORING PANEL. The Attorney General shall establish a monitoring panel, composed of citizens, representatives of the Mexican American Legal Defense and Education Fund, La Raza, and other community-based organizations, civil rights groups, public interest groups, and nonprofit foundations, to monitor the application of the anti-discrimination provisions in section 274B of the Immigration and Nationality Act and to report annually to the Attorney General and the Congress respecting such implementation. SEC. 9. DEPARTMENT FROM FEDERAL CONTRACTS AS ADDITIONAL SANCTION FOR PERVASIVE VIOLATORS. (a) In General.--Section 274B(g)(2) of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)) is amended by adding at the end the following new subparagraph: ``(E) Additional remedy.--If an administrative law judge determines that a person or entity has engaged in or is engaging in a pervasive pattern of unfair immigration-related employment practices, the judge may order the person or entity to be disqualified from being issued any contract under Federal law during a period of up to 1 year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to unfair immigration-related employment practices occurring on or after the date of the enactment of this Act.

Immigration Anti-Discrimination Improvement Act of 1993 - Expresses congressional approval of a specified General Accounting Office immigration employment discrimination report. Increases budget authority for Department of Justice regional offices of the Special Counsel for Immigration-Related Unfair Employment Practices. Amends the Immigration and Nationality Act with regard to unfair immigration-related employment provisions to: (1) authorize penalties collected under such provisions to be used in carrying out enforcement activities; (2) require inclusion of enforcement and related activities in certain reports to the Congress; (3) establish a national toll-free telephone hotline; (4) subject persons who engage in pervasive violations of such provisions to a one-year Federal contract disqualification; and (5) provide for District Office receipt of charges. Directs the Attorney General to appoint a citizens and community group panel, including members of specified Mexican-American organizations, to monitor the application of such anti-discrimination provisions and to report annually to the Attorney General and to the Congress.

Immigration Anti-Discrimination Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Land Use and Institutionalized Persons Act of 2000''. SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE. (a) Substantial Burdens.-- (1) General rule.--No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution-- (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (2) Scope of application.--This subsection applies in any case in which-- (A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; (B) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or (C) the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved. (b) Discrimination and Exclusion.-- (1) Equal terms.--No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. (2) Nondiscrimination.--No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination. (3) Exclusions and limits.--No government shall impose or implement a land use regulation that-- (A) totally excludes religious assemblies from a jurisdiction; or (B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS. (a) General Rule.--No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in section 2 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997), even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person-- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (b) Scope of Application.--This section applies in any case in which-- (1) the substantial burden is imposed in a program or activity that receives Federal financial assistance; or (2) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes. SEC. 4. JUDICIAL RELIEF. (a) Cause of Action.--A person may assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Burden of Persuasion.--If a plaintiff produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of section 2, the government shall bear the burden of persuasion on any element of the claim, except that the plaintiff shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the plaintiff's exercise of religion. (c) Full Faith and Credit.--Adjudication of a claim of a violation of section 2 in a non-Federal forum shall not be entitled to full faith and credit in a Federal court unless the claimant had a full and fair adjudication of that claim in the non-Federal forum. (d) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended-- (1) by inserting ``the Religious Land Use and Institutionalized Persons Act of 2000,'' after ``Religious Freedom Restoration Act of 1993,''; and (2) by striking the comma that follows a comma. (e) Prisoners.--Nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act). (f) Authority of United States To Enforce This Act.--The United States may bring an action for injunctive or declaratory relief to enforce compliance with this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding. (g) Limitation.--If the only jurisdictional basis for applying a provision of this Act is a claim that a substantial burden by a government on religious exercise affects, or that removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, the provision shall not apply if the government demonstrates that all substantial burdens on, or the removal of all substantial burdens from, similar religious exercise throughout the Nation would not lead in the aggregate to a substantial effect on commerce with foreign nations, among the several States, or with Indian tribes. SEC. 5. RULES OF CONSTRUCTION. (a) Religious Belief Unaffected.--Nothing in this Act shall be construed to authorize any government to burden any religious belief. (b) Religious Exercise Not Regulated.--Nothing in this Act shall create any basis for restricting or burdening religious exercise or for claims against a religious organization, including any religiously affiliated school or university, not acting under color of law. (c) Claims to Funding Unaffected.--Nothing in this Act shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this Act may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise. (d) Other Authority To Impose Conditions on Funding Unaffected.-- Nothing in this Act shall-- (1) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (2) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (e) Governmental Discretion in Alleviating Burdens on Religious Exercise.--A government may avoid the preemptive force of any provision of this Act by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. (f) Effect on Other Law.--With respect to a claim brought under this Act, proof that a substantial burden on a person's religious exercise affects, or removal of that burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, shall not establish any inference or presumption that Congress intends that any religious exercise is, or is not, subject to any law other than this Act. (g) Broad Construction.--This Act shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this Act and the Constitution. (h) No Preemption or Repeal.--Nothing in this Act shall be construed to preempt State law, or repeal Federal law, that is equally as protective of religious exercise as, or more protective of religious exercise than, this Act. (i) Severability.--If any provision of this Act or of an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provision to any other person or circumstance shall not be affected. SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED. Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the first amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the ``Establishment Clause''). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this Act. In this section, the term ``granting'', used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT. (a) Definitions.--Section 5 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-2) is amended-- (1) in paragraph (1), by striking ``a State, or a subdivision of a State'' and inserting ``or of a covered entity''; (2) in paragraph (2), by striking ``term'' and all that follows through ``includes'' and inserting ``term `covered entity' means''; and (3) in paragraph (4), by striking all after ``means'' and inserting ``religious exercise, as defined in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000.''. (b) Conforming Amendment.--Section 6(a) of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking ``and State''. SEC. 8. DEFINITIONS. In this Act: (1) Claimant.--The term ``claimant'' means a person raising a claim or defense under this Act. (2) Demonstrates.--The term ``demonstrates'' means meets the burdens of going forward with the evidence and of persuasion. (3) Free exercise clause.--The term ``Free Exercise Clause'' means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion. (4) Government.--The term ``government''-- (A) means-- (i) a State, county, municipality, or other governmental entity created under the authority of a State; (ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and (iii) any other person acting under color of State law; and (B) for the purposes of sections 4(b) and 5, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person acting under color of Federal law. (5) Land use regulation.--The term ``land use regulation'' means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant's use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest. (6) Program or activity.--The term ``program or activity'' means all of the operations of any entity described in paragraph (1) or (2) of section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a). (7) Religious exercise.-- (A) In general.--The term ``religious exercise'' includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief. (B) Rule.--The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.

Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in the Civil Rights of Institutionalized Persons Act, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. States that nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act).

Religious Land Use and Institutionalized Persons Act of 2000

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, in consultation with the Secretary of State, 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 or natural disaster 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 minor 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 or natural disaster 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 minor 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 or natural disaster 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; ``(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; or ``(III) is a citizen of a country which received, during the preceding 2 years, funding from the Office of Foreign Disaster Assistance of the United States Agency for International Development in response to a declared disaster in such country by the United States Ambassador, the Chief of the U.S. Mission, or the appropriate Assistant Secretary of State, that is beyond the ability of such country's response capacity and warrants a response by the United States Government.''. SEC. 4. REPORT TO CONGRESS. Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, 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 317A of the Immigration and Nationality Act, as added by section 2; (2) the post-conflict or natural disaster reconstruction efforts that benefitted, 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 the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out this Act and the amendments made by this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Bureau of Citizenship and Immigration Services for fiscal year 2008, such sums as may be necessary to carry out this Act and the amendments made by 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 immigrant alien (as defined by this Act) and certain family members to return for up to 24 months (with an extension available) 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 or natural disaster reconstruction activities. States that during such absence the alien and family members shall be considered to be physically and continuously present and residing in the United States 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 or natural disaster reconstruction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Outer Continental Shelf Lease Sale Act''. SEC. 2. AUTHORIZATION OF BEAUFORT AND COOK INLET LEASE SALES. Beginning in fiscal year 2016 and each fiscal year thereafter, the Secretary shall conduct under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 1 or more oil and gas lease sales in-- (1) the Cook Inlet Planning Area; and (2) the portion of the Beaufort Planning Area located within 3 nautical miles of the seaward boundary of Alaska. SEC. 3. LEASE TERMS OF CERTAIN CHUKCHI AND BEAUFORT LEASES. (a) In General.--Section 8(b)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)(2)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking ``;'' and inserting ``; or''; and (3) by adding at the end the following: ``(C) in the case of an oil and gas lease in the portion of the Beaufort Planning Area or Chukchi Planning Area that is beyond 3 nautical miles of the seaward boundary of the State of Alaska, 20 years;''. (b) Extension of Existing Leases.-- (1) In general.--The Secretary, with the consent of the holder of a covered lease described in paragraph (2), shall extend the initial term of the covered lease to 20 years. (2) Description of covered lease.--A covered lease referred to in paragraph (1) is a lease for oil and gas production in effect on the date of enactment of this Act that was issued under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) for a portion of the Beaufort Planning Area or Chukchi Planning Area that is beyond 3 nautical miles of the seaward boundary of the State. SEC. 4. DISTRIBUTION OF REVENUE TO ALASKA. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended-- (1) by striking ``All rentals,'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), all rentals,''; and (2) by adding at the end the following: ``(b) Distribution of Revenue to Alaska.-- ``(1) Definitions.--In this subsection: ``(A) Coastal political subdivision.--The term `coastal political subdivision' means a county- equivalent subdivision of the State-- ``(i) all or part of which lies within the coastal zone of the State (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and ``(ii)(I) the closest point of which is not more than 200 nautical miles from the geographical center of any leased tract in the Alaska outer Continental Shelf region; or ``(II)(aa) the closest point of which is more than 200 nautical miles from the geographical center of a leased tract in the Alaska outer Continental Shelf region; and ``(bb) that is determined by the State to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. ``(B) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(C) Qualified revenues.-- ``(i) In general.--The term `qualified revenues' means all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from energy development in the Alaska outer Continental Shelf region. ``(ii) Exclusions.--The term `qualified revenues' does not include revenues generated from leases subject to section 8(g). ``(D) State.--The term `State' means the State of Alaska. ``(E) Workforce investment board.--The term `workforce investment board' means a State or local workforce investment board established under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). ``(2) Fiscal years 2016-2026.--For each of fiscal years 2016 through 2026, the Secretary shall deposit-- ``(A) 50 percent of qualified revenues in the general fund of the Treasury; ``(B) 27.5 percent of qualified revenues in the Treasury, to be used for deficit reduction; ``(C) 7.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to the State; ``(D) 7.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to coastal political subdivisions; ``(E) 2.5 percent of qualified revenues in a special account in the Treasury, to be used to carry out the North Slope Science Initiative established under section 6(a)(1) of the Alaska Outer Continental Shelf Lease Sale Act; ``(F) 2.5 percent of qualified revenues in a special account in the Treasury, to be used by the Secretary to provide grants on a competitive basis to eligible institutions of higher education and workforce investment boards in the State to establish and providing funding for-- ``(i) programs to ensure an adequately skilled workforce to construct, operate, or maintain oil or gas pipelines; or ``(ii) programs to ensure an adequately skilled workforce to operate, maintain, and perform all environmental processes relating to existing or future oil and gas infrastructure; and ``(G) 2.5 percent of qualified revenues in a special account in the Treasury to provide financial assistance for-- ``(i) offshore leasing and development programs in the State; and ``(ii) the development of rights-of-way for pipelines to transport oil or gas produced offshore through land under the jurisdiction of the Secretary in the State. ``(3) Subsequent fiscal years.--For fiscal year 2027 and each subsequent fiscal year, the Secretary shall deposit-- ``(A) 50 percent of qualified revenues in general fund of the Treasury; ``(B) 30 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to the State; ``(C) 12.5 percent of qualified revenues in the Treasury, to be used for low-income home energy assistance, weatherization programs, and infrastructure in the Arctic; and ``(D) 7.5 in a special account in the Treasury, to be distributed by the Secretary to coastal political subdivisions. ``(4) Allocation among coastal political subdivisions.--Of the amount paid by the Secretary to coastal political subdivisions under paragraph (2)(D) or (3)(D)-- ``(A) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and ``(B) 10 percent shall be divided equally among each coastal political subdivision that-- ``(i) is more than 200 nautical miles from the geographic center of a leased tract; and ``(ii) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. ``(5) Timing.--The amounts required to be deposited under paragraphs (2) and (3) for the applicable fiscal year shall be made available in accordance with those paragraphs during the fiscal year immediately following the applicable fiscal year. ``(6) Administration.--Amounts made available under paragraphs (2) and (3) shall-- ``(A) be made available, without further appropriation, in accordance with this subsection; ``(B) remain available until expended; and ``(C) be in addition to any amounts appropriated under any other provision of law.''. SEC. 5. INCLUSION OF BEAUFORT AND CHUKCHI LEASE SALES IN 5-YEAR LEASING PROGRAMS. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) Inclusion of Certain Lease Sales.--The Secretary shall include in any leasing program prepared in accordance with this section provisions for the conduct of at least 3 lease sales in each of the Beaufort Planning Area and the Chukchi Planning Area during the term of the leasing program.''. SEC. 6. NORTH SLOPE SCIENCE INITIATIVE. Section 348 of the Energy Policy Act of 2005 (42 U.S.C. 15906) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``(referred to in this section as the `Secretary')'' after ``Secretary of the Interior''; and (B) in paragraph (2), by inserting ``(including the Beaufort and Chukchi seas)'' after ``North Slope of Alaska''; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``(including the Beaufort and Chukchi seas)'' after ``North Slope''; and (B) in paragraph (2), by striking ``develop an understanding of'' and inserting ``identify''; and (3) in subsection (c)(2), by inserting ``the Northwest Arctic Borough, the NANA Regional Corporation,'' after ``Arctic Slope Regional Corporation,''.

Alaska Outer Continental Shelf Lease Sale Act This bill requires the Department of the Interior to conduct oil and gas lease sales in the Cook Inlet Planning Area, and in the portion of the Beaufort Planning Area located within three nautical miles of the seaward boundary of Alaska. Oil and gas leases under the Outer Continental Shelf Lands Act shall have an initial 20-year lease period (extendable for an additional 20 years) if they are located in the portion of the Beaufort Planning Area or Chukchi Planning Area beyond three nautical miles of the seaward boundary of the State of Alaska. The bill establishes, for FY2016-FY2026, a scheme for revenue allocation between the Treasury and the state of Alaska for specified purposes, including workforce development relating to oil and gas infrastructure and, for FY2027 and beyond, certain related activities of coastal political subdivisions. Interior must also include in any leasing program at least three lease sales in each of the Beaufort Planning Area and the Chukchi Planning Area. The North Slope Science Initiative under the Energy Policy Act of 2005 shall now include the Beaufort and Chukchi Seas. Interior must enter into cooperative agreements with the Northwest Arctic Borough and the NANA Regional Corporation to coordinate efforts, share resources, and fund projects.

Alaska Outer Continental Shelf Lease Sale Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Appointee Ethics Improvement Act''. SEC. 2. AMENDMENTS TO SECTION 207 OF TITLE 18. (a) Extension of Post-Employment Ban on Lobbying for Certain Former Government Employees.--Section 207 of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) in the subsection heading, by striking ``One- year'' and inserting ``Two-Year''; (B) in paragraph (1)-- (i) by striking ``within 1 year after'' and inserting ``within 2 years after''; and (ii) by striking ``within 1 year before such termination''; and (C) in paragraph (2), by adding at the end the following: ``(D) Not later than 30 days after a waiver is granted under subparagraph (C), the waiver shall be published in the Federal Register and accompanied by a signed statement by the Director of the Office of Government Ethics describing in detail the reasons for providing such waiver unless such a description would compromise national security.''; (2) in subsection (d)(1), in the matter following subparagraph (C), by striking ``within 2 years'' and inserting ``within 5 years''; and (3) in subsection (d)(2)(A), by striking ``in such position'' and all that follows through ``terminated''. (b) Lifetime Ban on Representation of Foreign Entities for Certain High-Level Former Employees.--Section 207(f) of such title is amended-- (1) in paragraph (1), by inserting ``(or, in the case of an individual described in paragraph (2), at any time)'' after ``within 1 year''; (2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; (3) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and (4) by inserting after paragraph (1) the following new paragraph: ``(2) Description of individuals subject to lifetime ban.-- An individual described in this paragraph is any individual who was-- ``(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.''. SEC. 3. PROHIBITION ON PARTICIPATION IN MATTER RELATING TO PREVIOUS EMPLOYMENT. (a) In General.--Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following new section: ``Sec. 220. Prohibition on participation in matter relating to previous employment ``(a) During the 2-year period beginning on the date an individual is appointed to a covered position at an agency, any such individual who has not received a waiver under subsection (b)-- ``(1) who participates in any particular matter involving specific parties that is directly and substantially related to the individual's former employer or former clients, or ``(2) with respect to any such individual who was a registered lobbyist under the Lobbying Disclosure Act of 1995, or who was not a registered lobbyist under such Act but who engaged in lobbying activity as defined in subsection (c), during the 2-year period preceding the date of such appointment, who-- ``(A) participates in any particular matter on which the individual made a lobbying contact (in the case of a registered lobbyist under such Act), or engaged in such activity, during such 2-year period, ``(B) participates in the specific issue area in which such particular matter falls, or ``(C) seeks or accepts employment with any agency with respect to which the individual made a lobbying contact (in the case of a registered lobbyist under such Act), or engaged in such activity, during such 2- year period, shall be punished as provided in section 216 of this title. ``(b)(1) The Director of the Office of Management and Budget, in consultation with the Counsel to the President, may waive the requirements of subsection (a) with respect to any individual covered by such subsection if the Director certifies, in writing, to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the appropriate congressional committees of jurisdiction, that it is in the public interest to grant the waiver. ``(2) For purposes of carrying out paragraph (1)-- ``(A) the public interest includes exigent circumstances relating to public health, public safety, or national security; ``(B) de minimis contact with an agency shall be cause for a waiver of subsection (a)(2); and ``(C) any waiver shall take effect when the certification is published in the Federal Register, accompanied by a signed statement by the Director describing in detail the reasons for providing the waiver unless such a description would compromise national security. ``(c)(1) In this section, the term `lobbying activity' means, with respect to an individual, knowingly making, with the intent to influence, any communication to or appearance before any officer or employee of the Federal Government on behalf of another person as an employee of a lobbying firm or lobbying organization, in connection with any matter on which such person seeks official action by such officer or employee of the Federal Government. The previous sentence applies only with respect to an individual who spends greater than 20% of the individual's time as an employee of a lobbying firm or lobbying organization engaged in such lobbying activity. ``(2) In paragraph (1), the term `lobbying firm' means any firm, corporation, or limited liability company in which-- ``(A) employees of the firm in the aggregate make 2 or more lobbying contacts at any time on behalf of a particular client; and ``(B) the firm receives or expects to receive from a particular client for matters related to lobbying activities at least the amount specified in section 4(a)(3)(A) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the quarterly period during which registration would be made under such Act. ``(3) In paragraph (1), the term `lobbying organization' includes any organization in which-- ``(A) employees of the firm in the aggregate make 2 or more lobbying contacts at any time on its behalf; and ``(B) the organization expends in connection with lobbying activities at least the amount specified in section 4(a)(3)(B) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the quarterly period during which registration would be made under such Act. ``(4) In this subsection, the term `employee' has the meaning given such term in section 3(5) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(5)). ``(d) In this section, the following definitions apply: ``(1) The term `agency' means an `Executive agency' (as that term is defined in section 105 of title 5), the Executive Office of the President, the United States Postal Service, and the Postal Regulatory Commission, but does not include the Government Accountability Office. ``(2) The term `covered position'-- ``(A) means any-- ``(i) full-time, non-career position which requires appointment by the President or Vice- President; ``(ii) non-career position within the Senior Executive Service or other SES-type system; or ``(iii) position that has been excepted from the competitive service by reason of being of a confidential or policymaking character, including positions under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; and ``(B) does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. ``(3) The term `directly and substantially related to former employer or former clients' means matters in which the individual's former employer or a former client is a party or represents a party. ``(4) The term `former client' means any person for whom the individual served personally as agent, attorney, or consultant, but does include instances where the service provided was limited to a speech or similar appearance or clients of the individual's former employer to whom the individual did not personally provide services. ``(5) The term `former employer' means any person for whom the individual has within the 2 years prior to the date of appointment served as an employee, officer, director, trustee, or general partner, but does not include any agency or other entity of the Federal Government, Native American tribe, or any United States territory or possession. ``(6) The term `lobbying contact' has the meaning given such term in section 3(8) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(8)). ``(7) The term `particular matter' has the meaning given that term in section 207 and section 2635.402(b)(3) of title 5, Code of Federal Regulations, or any successor regulation. ``(8) The term `participate' means to participate personally and substantially. ``(9) The term `particular matter involving specific parties' has the meaning as set forth in section 2641.201(h) of title 5, Code of Federal Regulations, or any successor regulation, except that it shall also include any meeting or other communication relating to the performance of an individual's official duties with a former employer or former client, unless the communication applies to a particular matter of general applicability and participation in the meeting or other event is open to all interested parties.''. (b) Clerical Amendment.--The table of sections of chapter 11 of title 18, United States Code, is amended by inserting after the item relating to section 219 the following new item: ``220. Prohibition on participation in matter relating to previous employment.''. (c) Application.--The amendments made after subsection (a) shall apply to any individual appointed to a covered position (as that term is defined in section 220(d)(2) of title 18, United States Code, as added by such subsection) after the date of enactment of this Act.

Executive Appointee Ethics Improvement Act This bill lengthens from one to two years the ban on certain senior personnel of the executive branch and independent agencies from lobbying the department or agency in which the person served. If the Director of the Office of Government Ethics decides to waive this restriction, such decision shall be published in the Federal Register unless it would compromise national security. The bill lengthens from two to five years the ban on certain very senior personnel of the executive branch and independent agencies, including the Vice President, from lobbying any office or employee of any department or agency in which such person served. Certain high-level employees of the executive branch are subject to a lifetime ban on knowingly representing a foreign entity before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee. During a two-year period beginning on the date an individual is appointed to a covered position, such individual is banned from participating in any matter involving specific parties that is directly related to the individual's former employer or former clients. Additionally, any individual who was a registered lobbyist or who engaged in lobbying activities during a two-year period prior to appointment is prohibited from participating in any particular matter on which the individual made a lobbying contact or participating in the specific issue area in which the matter falls. The Office of Management and Budget (OMB) may waive these requirements if OMB certifies in writing to various congressional committees that it is in the public interest to grant the waiver.

Executive Appointee Ethics Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Agriculture Environmental Incentives Act of 1998''. SEC. 2. ALLOWANCE OF CREDIT FOR NUTRIENT MANAGEMENT COSTS OF ANIMAL FEEDING OPERATIONS. (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. ANIMAL FEEDING OPERATION EQUIPMENT CREDIT. ``(a) In General.--For purposes of section 38, the animal feeding operation equipment credit determined under this section for the taxable year is an amount equal to 25 percent of the eligible nutrient management costs of a taxpayer for the taxable year. ``(b) Eligible Nutrient Management Costs.--For purposes of this section-- ``(1) In general.--The term `eligible nutrient management costs' means amounts paid or incurred by a taxpayer to purchase a calibrated manure spreader or eligible processing equipment for use at an animal feeding operation owned by the taxpayer. ``(2) Calibrated manure spreader.--The term `calibrated manure spreader' means equipment (including any associated geostationary positioning satellite equipment) which is used by the taxpayer exclusively for the precision application of manure to land in accordance with a comprehensive nutrient management plan. ``(3) Eligible processing equipment.-- ``(A) In general.--The term `eligible processing equipment' means equipment or structures used by the taxpayer exclusively for processing manure. ``(B) Exclusion.--The term `eligible processing equipment' does not include equipment used exclusively for the simple containment or transportation of manure. ``(c) Other Definitions.--For purposes of this section-- ``(1) Animal feeding operation.--The term `animal feeding operation' means a facility for the milking of dairy cows or the raising of livestock or poultry (including egg production) for commercial sale. ``(2) Application.--The term `application' means laying, spreading on, irrigating, injecting, or otherwise placing manure on land by any means. ``(3) Comprehensive nutrient management plan.--The term `comprehensive nutrient management plan' means a written plan prepared in accordance with applicable Federal and State laws and regulations. ``(4) Manure.--The term `manure' means-- ``(A) the excreta of an animal or other organic byproduct of an animal feeding operation, including litter, bedding, dead animals, composted animal carcasses, milk house waste, or other residual organic matter, and ``(B) water or any other material mixed with such excreta or byproduct for purposes of collection, handling, containment, or processing of such excreta or byproduct. ``(5) Precision application.--The term `precision application' means the controlled application of manure to land in a manner which distributes a specified amount of manure, as determined by the nitrogen or phosphorous content of the manure, across a specified area of land. ``(6) Processing.--The term `processing' means any mechanical, physical, or chemical treatment which-- ``(A) alters the concentration of nitrogen, phosphorous, water, or other constituents in manure to facilitate-- ``(i) manure application on land covered by the requirements of a comprehensive nutrient management plan, or ``(ii) use of manure or processed manure for commercial purposes other than land application on land owned or controlled by the taxpayer, ``(B) enhances the value of manure as a plant fertilizer or soil amendment, or ``(C) utilizes manure as an energy source. ``(d) Special Rules.-- ``(1) Reduction in basis.--For purposes of this subtitle, if a credit is determined under this section with respect to any property, the basis of such property shall be reduced by the amount of the credit so determined. ``(2) Pass-thru in the case of estates and trusts.--For purposes of this section, under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--For purposes of this section, in the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary.'' (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``plus'' at the end of paragraph (11), (B) by striking the period at the end of paragraph (12), and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(13) the animal feeding operation equipment credit determined under section 45D.'' (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45D. Animal feeding operation equipment credit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Animal Agriculture Environmental Incentives Act of 1998 - Amends the Internal Revenue Code to allow a limited tax credit for the nutrient management costs of animal feeding operations.

Animal Agriculture Environmental Incentives Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Liability Reform Act''. SEC. 2. HEALTH CARE LIABILITY REFORM. (a) Punitive Damages.-- (1) Award.--Punitive damages may, to the extent permitted by applicable State law, be awarded against a manufacturer or product seller in a civil action if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting actual malice. (2) Drugs and devices.--The manufacturer of a prescription drug or device and a health care provider shall not be subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless-- (A) the manufacturer withholds from the Food and Drug Administration, or (B) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff. (3) Limitation on amount.--The amount of punitive damages that may be awarded for a claim in any civil action shall not exceed 3 times the amount awarded to the claimant for the economic injury on which such claim is based, or $250,000, whichever is greater. (b) Several Liability for Noneconomic Damages.--In any action, the liability of each manufacturer or product seller of the product involved in such action shall be several only and shall not be joint for noneconomic damages. Such manufacturer or product seller shall be liable only for the amount of noneconomic damages allocated to such manufacturer or seller in direct proportion to such manufacturer's or such seller's percentage of responsibility as determined by the trier of fact. (c) Definitions.--As used in this section: (1) Claimant.--The term ``claimant'' means any person who brings a product liability action and any person on whose behalf such an action is brought, including such person's decedent if such an action is brought through or on behalf of an estate or such person's legal representative if it is brought through or on behalf of a minor or incompetent. (2) Malice.--The term ``malice'' means conduct that is either-- (A) specifically intended to cause serious personal injury, or (B) carried out with both a flagrant indifference to the rights of the claimant and an awareness that such conduct is likely to result in serious personal injury. (3) Manufacturer.--With respect to a product, the term ``manufacturer'' means-- (A) any person who is engaged in a business to produce, create, make, or construct the product and who designs or formulates the product or has engaged another person to design or formulate the product, (B) a product seller of the product who, before placing the product in the stream of commerce-- (i) designs or formulates or has engaged another person to design or formulate an aspect of the product after the product was initially made by another, and (ii) produces, creates, makes, or constructs such aspect of the product, or (C) any product seller not described in subparagraph (B) which holds itself out as a manufacturer to the user of the product, (4) Product.--The term ``product''-- (A) means any object, substance, mixture, or raw material in a gaseous, liquid, or solid state-- (i) which is capable of delivery itself, in a mixed or combined state, or as a component part or ingredient, (ii) which is produced for introduction into trade or commerce, (iii) which has intrinsic economic value, and (iv) which is intended for sale or lease to persons for commercial or personal use, and (B) does not include-- (i) human tissue, human organs, human blood, and human blood products, or (ii) electricity, water delivered by a utility, natural gas, or steam, (5) Product seller.--The term ``product seller''-- (A) means a person-- (i) who sells, distributes, leases, prepares, blends, packages, or labels a product or is otherwise involved in placing a product in the stream of commerce, or (ii) who installs, repairs, or maintains the harm-causing aspect of a product, and (B) does not include-- (i) a manufacturer, (ii) a seller or lessor of real property, (iii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services, (iv) any person who acts only in a financial capacity with respect to the sale of a product, or (v) any person who leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. SEC. 3. PREEMPTION. This Act preempts State law, with respect to both procedural and substantive measures, to the extent that such law-- (1) permits the recovery of a greater amount of punitive damages by a plaintiff than that authorized by section 2(a)(3); or (2) permits an action for joint liability for noneconomic damages against a manufacturer or product seller of a product involved in the action, which action is prohibited by section 2(b). Any issue that is not governed by this Act shall be governed by otherwise applicable State or Federal law.

Prohibits the manufacturer of a prescription drug or device and a health care provider from being subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless: (1)the manufacturer withholds from the Food and Drug Administration; or (2) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff.

Health Care Liability Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitiveness Tax Credit Act''. SEC. 2. TEMPORARY INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER PRODUCTIVE EQUIPMENT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the manufacturing and other productive equipment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(c) Manufacturing and Other Productive Equipment Credit.-- ``(1) In general.--For purposes of section 46, the manufacturing and other productive equipment credit for any taxable year is an amount equal to the sum of-- ``(A) the domestic equipment credit, and ``(B) the nondomestic equipment credit. ``(2) Amount of domestic and nondomestic equipment credits.--For purposes of this subsection-- ``(A) Domestic equipment credit.-- ``(i) In general.--The domestic equipment credit for any taxable year is 10 percent of the amount equal to the product of-- ``(I) the domestic equipment ratio, and ``(II) the qualified increase amount. ``(ii) Domestic equipment ratio.--The domestic equipment ratio for any taxable year is a fraction in which-- ``(I) the numerator is the aggregate bases of the qualified manufacturing and other productive equipment properties placed in service during such taxable year which are of domestic origin, and ``(II) the denominator is the aggregate bases of all qualified manufacturing and other productive equipment properties placed in service during such taxable year. ``(B) Nondomestic equipment credit.-- ``(i) In general.--The nondomestic equipment credit for any taxable year is 7 percent of the amount equal to the product of-- ``(I) the nondomestic equipment ratio, and ``(II) the qualified increase amount. ``(ii) Nondomestic equipment ratio.--The nondomestic equipment ratio for any taxable year is a fraction in which-- ``(I) the numerator is the aggregate bases of the qualified manufacturing and other productive equipment properties placed in service during such taxable year which are not of domestic origin, and ``(II) the denominator is the aggregate bases of all qualified manufacturing and other productuve equipment properties placed in service during such taxable year. ``(C) Determination of domestic origin.-- ``(i) In general.--Property shall be treated as being of domestic origin only if-- ``(I) the property was completed in the United States, and ``(II) at least 50 percent of the basis of the property is attributable to value added within the United States. ``(ii) United states.--The term `United States' includes the Commonwealth of Puerto Rico and the possessions of the United States. ``(3) Qualified manufacturing and other productive equipment property.--For purposes of this subsection-- ``(A) In general.--The term `qualified manufacturing and other productive equipment property' means any property-- ``(i) which is used as an integral part of the manufacture or production of tangible personal property and increases the efficiency of the manufacturing or production process; ``(ii) which is tangible property to which section 168 applies, other than 3-year property (within the meaning of section 168(e)), ``(iii) which is section 1245 property (as defined in section 1245(a)(3)), and ``(iv)(I) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(II) which is acquired by the taxpayer, if the original use of such property commences with the taxpayer. ``(B) Special rule for computer software.--In the case of any computer software-- ``(i) which is used to control or monitor a manufacturing or production process, ``(ii) which increases the efficiency of the manufacturing or production process, and ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, such software shall be treated as qualified manufacturing and other productive equipment property. ``(4) Qualified increase amount.--For purposes of this subsection-- ``(A) In general.--The term `qualified increase amount' means the excess (if any) of-- ``(i) the aggregate bases of qualified manufacturing and other productive equipment properties placed in service during the taxable year, over ``(ii) the base amount. ``(B) Base amount.--The term `base amount' means the product of-- ``(i) the fixed-base percentage, and ``(ii) the average annual gross receipts of the taxpayer for the 4 taxable years preceding the taxable year for which the credit is being determined (in this subsection referred to as the `credit year'). ``(C) Minimum base amount.--In no event shall the base amount be less than 50 percent of the amount determined under subparagraph (A)(i). ``(D) Fixed-base percentage.-- ``(i) In general.--The fixed-base percentage is the percentage which the aggregate amounts described in subparagraph (A)(i) for taxable years beginning after December 31, 1987, and before January 1, 1993, is of the aggregate gross receipts of the taxpayer for such taxable years. ``(ii) Rounding.--The percentages determined under clause (i) shall be rounded to the nearest \1/100\ of 1 percent. ``(E) Other rules.--Rules similar to the rules of paragraphs (4) and (5) of section 41(c) shall apply for purposes of this paragraph. ``(5) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(6) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(7) Termination date.--This subsection shall not apply to any property placed in service after the expiration of the 2- year period beginning on the date of the enactment of this Act.'' (c) Technical Amendments.-- (1) Clause (ii) of section 49(a)(1)(C) of such Code is amended by inserting ``or qualified manufacturing and other productive equipment property'' after ``energy property''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(6)'' before the period at the end. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (d) Effective Date.--The amendments made by this section shall apply to-- (1) property acquired by the taxpayer after the date of the enactment of this Act, and (2) property the construction, reconstruction, or erection of which is completed by the taxpayer after the date of the enactment of this Act, but only to the extent of the basis thereof attributable to construction, reconstruction, or erection after such date.

Competitiveness Tax Credit Act - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment based upon a determination of the domestic origin of such property. Makes such credit applicable for the two-year period beginning on the date of enactment of this Act.

Competitiveness Tax Credit Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Risk Evaluation Act of 1995''. SEC. 2. FINDINGS AND POLICY. (a) Definitions.--As used in this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Adverse effect on human health.--The term ``adverse effect on human health'' includes any increase in the rate of death or serious illness, including disease, cancer, birth defects, reproductive dysfunction,developmental effects (including effects on the endocrine and nervous systems), and other impairments in bodily functions. (3) Risk.--The term ``risk'' means the likelihood of an occurrence of an adverse effect on human health, the environment, or public welfare. (4) Source of pollution.--The term ``source of pollution'' means a category or class of facilities or activities that alter the chemical, physical, or biological character of the natural environment. (b) Findings.--Congress finds that-- (1) cost-benefit analysis and risk assessment are useful but imperfect tools that serve to enhance the information available in developing environmental regulations and programs; (2) cost-benefit analysis and risk assessment can also serve as useful tools in setting priorities and evaluating the success of environmental protection programs; (3) cost and risk are not the only factors that need to be considered in evaluating environmental programs as other factors, including values and equity, must also be considered; (4) current methods for valuing ecological resources and assessing intergenerational effects of sources of pollution need further development before integrated rankings of sources of pollution based on the factors referred to in paragraph (3) can be used with high levels of confidence; (5) methods to assess and describe the risks of adverse human health effects, other than cancer, need further development before integrated rankings of sources of pollution based on the risk to human health can be used with high levels of confidence; (6) periodic reports by the Administrator on the costs and benefits of regulations promulgated under Federal environmental laws, and other Federal actions with impacts on human health, the environment, or public welfare, will provide Congress and the general public with a better understanding of-- (A) national environmental priorities; and (B) expenditures being made to achieve reductions in risk to human health, the environment, and public welfare; and (7) periodic reports by the Administrator on the costs and benefits of environmental regulations will also-- (A) provide Congress and the general public with a better understanding of the strengths, weaknesses, and uncertainties of cost-benefit analysis and risk assessment and the research needed to reduce major uncertainties; and (B) assist Congress and the general public in evaluating environmental protection regulations and programs, and other Federal actions with impacts on human health, the environment, or public welfare, to determine the extent to which the regulations, programs, and actions adequately and fairly protect affected segments of society. (c) Report on Environmental Priorities, Costs, and Benefits.-- (1) Ranking.-- (A) In general.--The Administrator shall identify and, taking into account available data, to the extent practicable, rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare. (B) Method of ranking.--In carrying out the rankings under subparagraph (A), the Administrator shall-- (i) rank the sources of pollution considering the extent and duration of the risk; and (ii) take into account broad societal values, including the role of natural resources in sustaining economic activity into the future. (2) Evaluation of regulatory and other costs.--In addition to carrying out the rankings under paragraph (1), the Administrator shall evaluate-- (A) the private and public costs associated with each source of pollution and the costs and benefits of complying with regulations designed to protect against risks associated with the sources of pollution; and (B) the private and public costs and benefits associated with other Federal actions with impacts on human health, the environment, or public welfare, including direct development projects, grant and loan programs to support infrastructure construction and repair, and permits, licenses, and leases to use natural resources or to release pollution to the environment, and other similar actions. (3) Risk reduction opportunities.--In assessing risks, costs, and benefits as provided in paragraphs (1) and (2), the Administrator shall also identify reasonable opportunities to achieve significant risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on human health, the environment, or public welfare. (4) Uncertainties.--In evaluating the risks referred to in paragraphs (1) and (2), the Administrator shall-- (A) identify the major uncertainties associated with the risks; (B) explain the meaning of the uncertainties in terms of interpreting the ranking and evaluation; and (C) determine-- (i) the type and nature of research that would likely reduce the uncertainties; and (ii) the cost of conducting the research. (5) Consideration of benefits.--In carrying out this section, the Administrator shall consider and, to the extent practicable, estimate the monetary value, and such other values as the Administrator determines to be appropriate, of the benefits associated with reducing risk to human health and the environment, including-- (A) avoiding premature mortality; (B) avoiding cancer and noncancer diseases that reduce the quality of life; (C) preserving biological diversity and the sustainability of ecological resources; (D) maintaining an aesthetically pleasing environment; (E) valuing services performed by ecosystems (such as flood mitigation, provision of food or material, or regulating the chemistry of the air or water) that, if lost or degraded, would have to be replaced by technology; (F) avoiding other risks identified by the Administrator; and (G) considering the benefits even if it is not possible to estimate the monetary value of the benefits in exact terms. (6) Reports.-- (A) Preliminary report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall report to Congress on the sources of pollution and other Federal actions that the Administrator will address, and the approaches and methodology the Administrator will use, in carrying out the rankings and evaluations under this section. The report shall also include an evaluation by the Administrator of the need for the development of methodologies to carry out the ranking. (B) Periodic report.-- (i) In general.--On completion of the ranking and evaluations conducted by the Administrator under this section, but not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Administrator shall report the findings of the rankings and evaluations to Congress and make the report available to the general public. (ii) Evaluation of risks.--Each periodic report prepared pursuant to this subparagraph shall, to the extent practicable, evaluate risk management decisions under Federal environmental laws, including title XIV of the Public Health Service Act (commonly known as the ``Safe Drinking Water Act'') (42 U.S.C. 300f et seq.), that present inherent and unavoidable choices between competing risks, including risks of controlling microbial versus disinfection contaminants in drinking water. Each periodic report shall address the policy of the Administrator concerning the most appropriate methods of weighing and analyzing the risks, and shall incorporate information concerning-- (I) the severity and certainty of any adverse effect on human health, the environment, or public welfare; (II) whether the effect is immediate or delayed; (III) whether the burden associated with the adverse effect is borne disproportionately by a segment of the general population or spread evenly across the general population; and (IV) whether a threatened adverse effect can be eliminated or remedied by the use of an alternative technology or a protection mechanism. (d) Implementation.--In carrying out this section, the Administrator shall-- (1) consult with the appropriate officials of other Federal agencies and State and local governments, members of the academic community, representatives of regulated businesses and industry, representatives of citizen groups, and other knowledgeable individuals to develop, evaluate, and interpret scientific and economic information; (2) make available to the general public the information on which rankings and evaluations under this section are based; and (3) establish methods for determining costs and benefits of environmental regulations and other Federal actions, including the valuation of natural resources and intergenerational costs and benefits, by rule after notice and opportunity for public comment. (e) Review by the Science Advisory Board.--Before the Administrator submits a report prepared under this section to Congress, the Science Advisory Board, established by section 8 of the Environmental Research, Development, and Demonstration Act of 1978 (42 U.S.C. 4365), shall conduct a technical review of the report in a public session.

Environmental Risk Evaluation Act of 1995 - Directs the Administrator of the Environmental Protection Agency to: (1) rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) evaluate the private and public costs associated with each pollution source and the costs and benefits of complying with regulations designed to protect against risks associated with such pollution; and (3) evaluate the public and private costs and benefits associated with other Federal actions with impacts on human health, the environment, or public welfare. Requires the Administrator to identify opportunities to achieve risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on health, the environment, or public welfare. Directs the Administrator to: (1) identify the major uncertainties associated with the risks and explain the meaning of the uncertainties in terms of interpreting the ranking and evaluation; and (2) determine the type and nature of research that would likely reduce such uncertainties and the cost of conducting such research. Requires the Administrator to consider and estimate the monetary and other values of the benefits associated with reducing risk to health and the environment. Establishes triennial reporting requirements with respect to rankings and evaluations and requires such reports to evaluate risk management decisions under Federal environmental laws that present inherent and unavoidable choices between competing risks. Provides for review of reports by the Science Advisory Board prior to submission.

Environmental Risk Evaluation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Safety Whistleblower Act''. SEC. 2. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND PROTECTIONS. (a) In General.--Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 30172. WHISTLEBLOWER INCENTIVES AND PROTECTIONS. ``(a) Definitions.--In this section: ``(1) Covered action.--The term `covered action' means any administrative or judicial action, including any related administrative or judicial action, brought by the Secretary or the Attorney General under this chapter that in the aggregate results in monetary sanctions exceeding $1,000,000. ``(2) Monetary sanctions.--The term `monetary sanctions' means monies, including penalties and interest, ordered or agreed to be paid. ``(3) Original information.--The term `original information' means information that-- ``(A) is derived from the independent knowledge or analysis of an individual; ``(B) is not known to the Secretary from any other source, unless the individual is the original source of the information; and ``(C) is not exclusively derived from an allegation made in a judicial or an administrative action, in a governmental report, a hearing, an audit, or an investigation, or from the news media, unless the individual is a source of the information. ``(4) Part supplier.--The term `part supplier' means a manufacturer of motor vehicle equipment. ``(5) Successful resolution.--The term `successful resolution' includes any settlement or adjudication of a covered action. ``(6) Whistleblower.--The term `whistleblower' means any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides to the Secretary original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter which is likely to cause unreasonable risk of death or serious physical injury. ``(b) Awards.-- ``(1) In general.--If the original information that a whistleblower provided to the Secretary led to the successful resolution of a covered action, the Secretary, subject to subsection (c) and under the regulations promulgated under subsection (i), may pay an award or awards to 1 or more whistleblowers in an aggregate amount of not more than 30 percent, in total, of collected monetary sanctions. ``(2) Payment of awards.--Any amount payable under paragraph (1) shall be paid from the monetary sanctions collected, and any monetary sanctions so collected shall be available for such payment. ``(c) Determination of Awards; Denial of Awards.-- ``(1) Determination of awards.-- ``(A) Discretion.--The determination of whether, to whom, or in what amount to make an award shall be in the discretion of the Secretary. ``(B) Criteria.--In determining an award made under subsection (b), the Secretary shall take into consideration-- ``(i) if appropriate, whether a whistleblower reported or attempted to report the information internally to an applicable motor vehicle manufacturer, part supplier, or dealership; ``(ii) the significance of the original information provided by the whistleblower to the successful resolution of the covered action; ``(iii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the covered action; and ``(iv) such additional factors as the Secretary considers relevant. ``(2) Denial of awards.--No award under subsection (b) shall be made-- ``(A) to any whistleblower who is convicted of a criminal violation related to the covered action for which the whistleblower otherwise could receive an award under this section; ``(B) to any whistleblower who, acting without direction from an applicable motor vehicle manufacturer, part supplier, or dealership, or agent thereof, deliberately causes or substantially contributes to the alleged violation of a requirement of this chapter; ``(C) to any whistleblower who submits information to the Secretary that is based on the facts underlying the covered action submitted previously by another whistleblower; or ``(D) to any whistleblower who fails to provide the original information to the Secretary in such form as the Secretary may require by regulation. ``(d) Representation.--A whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. ``(e) No Contract Necessary.--No contract with the Secretary is necessary for any whistleblower to receive an award under subsection (b). ``(f) Appeals.-- ``(1) In general.--Any determination made under this section, including whether, to whom, or in what amount to make an award, shall be in the discretion of the Secretary. ``(2) Appeals.--Any determination made by the Secretary under this section may be appealed by a whistleblower to the appropriate court of appeals of the United States not later than 30 days after the determination is issued by the Secretary. ``(3) Review.--The court shall review the determination made by the Secretary in accordance with section 706 of title 5, United States Code. ``(g) Protection of Whistleblowers; Confidentiality.-- ``(1) In general.--Notwithstanding section 30167, and except as provided in paragraphs (2) and (3) of this subsection, the Secretary, and any officer or employee of the Department of Transportation, shall not disclose any information, including information provided by a whistleblower to the Secretary, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Secretary or any entity described in paragraph (3). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of that section. ``(2) Effect.--Nothing in this subsection is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. ``(3) Availability to government agencies.-- ``(A) In general.--Without the loss of its status as confidential in the hands of the Secretary, all information referred to in paragraph (1) may, in the discretion of the Secretary, when determined by the Secretary to be necessary or appropriate to accomplish the purposes of this chapter and in accordance with subparagraph (B), be made available to the following: ``(i) The Department of Justice. ``(ii) An appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction. ``(B) Maintenance of information.--Each entity described in subparagraph (A) shall maintain information described in that subparagraph as confidential, in accordance with the requirements in paragraph (1). ``(h) Provision of False Information.--A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18. ``(i) Regulations.--Not later than 1 year after the date of enactment of the Motor Vehicle Safety Whistleblower Act, the Secretary shall promulgate regulations to implement the requirements of this section.''. (b) Rule of Construction.-- (1) Original information.--Information submitted to the Secretary of Transportation by a whistleblower in accordance with the regulations to implement the requirements of section 30172, United States Code, shall not lose its status as original information solely because the whistleblower submitted the information prior to the effective date of the regulations if that information was submitted after the date of enactment of this Act. (2) Awards.--A whistleblower may receive an award under section 30172, United States Code, regardless of whether the violation underlying the covered action occurred prior to the date of enactment of this Act. (c) Conforming Amendments.--The table of contents of subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``30172. Whistleblower incentives and protections.''.

Motor Vehicle Safety Whistleblower Act - Prescribes certain whistleblower incentives and protections for motor vehicle manufacturer, part supplier, or dealership employees or contractors who voluntarily provide the Secretary of Transportation (DOT) information relating to any motor vehicle defect, noncompliance, or any violation of any notification or reporting requirement which is likely to cause unreasonable risk of death or serious physical injury. Authorizes the Secretary to pay awards to one or more whistleblowers in an aggregate amount of up to 30% of total monetary sanctions collected pursuant to an administrative or judicial action resulting in aggregate monetary sanctions exceeding $1 million. Prohibits an award to any whistleblower who knowingly and willfully makes false representations. Subjects such a whistleblower to criminal penalties.

Motor Vehicle Safety Whistleblower Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Tax Credit Act of 2007''. SEC. 2. CREDIT FOR EDUCATION EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) is amended-- (1) by redesignating section 36 as section 37, and (2) by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR EDUCATION EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year, an amount equal to 50 percent of so much of the qualified elementary and secondary education expenses and qualified professional development expenses paid or incurred by such eligible teacher during the taxable year as does not exceed $300. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible teacher.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction. ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards. ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, ``(v) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible teacher in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is 1 component described in a long-term comprehensive professional development plan established by an eligible teacher and the teacher's supervisor based upon an assessment of the needs of the teacher, the students of the teacher, and the local educational agency involved, and ``(vi) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)), as in effect on the date of the enactment of this section. ``(4) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(c) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any expense for which a credit is allowed under this section. ``(d) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 36 and inserting after the item relating to section 35 the following new items: ``Sec. 36. Credit for education expenses of elementary and secondary school teachers. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Teacher Tax Credit Act of 2007 - Amends the Internal Revenue Code to allow elementary and secondary school (K-12) teachers a tax credit for 50% of their education expenses (books, supplies, computer equipment, and supplementary materials) and their professional development expenses up to $300 in any taxable year.

A bill to amend the Internal Revenue Code of 1986 to provide for a credit against income tax for certain educator expenses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liquefied Natural Gas Safety and Security Act of 2005''. SEC. 2. SITING OF LIQUEFIED NATURAL GAS IMPORT FACILITIES. Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following: ``(d)(1) Before issuing an order authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, the Commission shall require the applicant, in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve the facility, to develop a cost- sharing plan. ``(2) A cost-sharing plan developed under paragraph (1) shall include a description of any direct cost reimbursements that the applicant agrees to provide to any State and local agencies with responsibility for security and safety-- ``(A) at the liquefied natural gas import facility; and ``(B) in proximity to vessels that serve the facility. ``(e)(1) In this subsection, the term `region' means a census region designated by the Bureau of the Census as of the date of enactment of this subsection. ``(2) Not later than 90 days after the date of enactment of this subsection and annually thereafter, the Commission shall-- ``(A) review all applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region that are pending with the Commission; ``(B) consult with States in the region to identify remote sites for the development of potential liquefied natural gas import facilities in the region; and ``(C) in collaboration with the Commandant of the Coast Guard, review-- ``(i) any offshore liquefied natural gas projects proposed for a region; and ``(ii) other potential offshore sites for the development of liquefied natural gas. ``(3) Based on the reviews and consultations under paragraph (1), the Commission shall determine-- ``(A) whether liquefied natural gas import facilities are needed in a region; and ``(B) if the Commission determines under subparagraph (A) that liquefied natural gas import facilities are needed for a region, the number of liquefied natural gas import facilities that are needed for the region. ``(4) The Commission shall cooperate with the Commandant of the Coast Guard and States to ensure that-- ``(A) the Commission approves only the number of liquefied natural gas import facilities that are needed for a region, as determined under paragraph (3)(B); and ``(B) any liquefied natural gas import facilities approved under subparagraph (A) are sited in locations that provide maximum safety and security to the public. ``(f)(1) Notwithstanding any other provision of law, the Commission shall not issue a final environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a proposed liquefied natural gas facility before the date on which-- ``(A) the applicant completes-- ``(i) a security assessment for the proposed facility; and ``(ii) a security plan for the proposed facility; and ``(B) the Commandant of the Coast Guard completes an incident action plan that identifies the resources needed to support appropriate air, land, and sea security measures during the transit and offload of a liquefied natural gas vessel. ``(2) The Commission shall incorporate into the final environmental impact statement or similar analysis the non-security sensitive components of the incident action plan and all other safety and security resource requirements identified by the Commandant of the Coast Guard for a proposed liquefied natural gas import facility. ``(g)(1) For purposes of reviewing and approving or disapproving an application to site, construct, or operate a liquefied natural gas import facility, the Commission shall-- ``(A) consult with the State in which the facility is proposed to be located; and ``(B) comply with all applicable Federal laws, including-- ``(i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); ``(ii) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ``(iii) sections 401 and 402(b) of the Federal Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); and ``(iv) sections 107, 111(c), and 116 of the Clean Air Act (42 U.S.C. 7401, 7411(c), 7416). ``(2) Nothing in this section precludes or denies the right of any State to review an application to site, construct, or operate a liquefied natural gas import facility under-- ``(A) the National Historic Preservation Act (16 U.S.C. 470 et seq.); ``(B) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ``(C) sections 401 and 402(b) of the Federal Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); and ``(D) sections 107, 111(c), and 116 of the Clean Air Act (42 U.S.C. 7401, 7411(c), 7416). ``(3) Notwithstanding any other provision of law, the Commission shall have no authority to preempt a State permitting determination with respect to a liquefied natural gas import facility that is made under Federal or State law.''. SEC. 3. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES. Section 60103 of title 49, United States Code, is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following: ``(e) Remote Siting Standards.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities.''. SEC. 4. THERMAL AND VAPOR DISPERSION EXCLUSION ZONES. As soon as practicable after the date of enactment of this Act, the Commandant of the Coast Guard shall issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas that are based on sections 193.2057 and 193.2059 of title 49, Code of Federal Regulations (or any successor regulations).

Liquefied Natural Gas Safety and Security Act of 2005 - Amends the Natural Gas Act to prohibit the Federal Energy Regulating Commission (FERC) from authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, unless FERC has required the applicant to develop a cost-sharing plan in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve it. Requires FERC to review annually all pending applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region and, after consultation with the pertinent States and the Commandant, determine: (1) whether liquefied natural gas import facilities are needed in a region; and (2) the number of liquefied natural gas import facilities so needed. Denies FERC authority to preempt a State permitting determination related to a liquefied natural gas import facility. Amends Federal law governing standards for liquefied natural gas pipeline facilities to direct the Secretary of Transportation to promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities. Directs the Commandant to issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas.

A bill to amend the Natural Gas Act to provide additional requirements for the siting, construction, or operation of liquefied natural gas import facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Formulary Protection Act''. SEC. 2. REMOVAL OF COVERED PART D DRUGS FROM THE PRESCRIPTION DRUG PLAN FORMULARY. (a) Limitation on Removal or Change of Covered Part D Drugs From the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read as follows: ``(E) Removing a drug from formulary or imposing a restriction or limitation on coverage.-- ``(i) Limitation on removal, limitation, or restriction.-- ``(I) In general.--Subject to subclause (II) and clause (ii), beginning with 2006, the PDP sponsor of a prescription drug plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) other than at the beginning of each plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(II) Special rule for newly enrolled individuals.--Subject to clause (ii), in the case of an individual who enrolls in a prescription drug plan on or after the date of enactment of this subparagraph, the PDP sponsor of such plan may not remove a covered part D drug from the plan formulary or impose a restriction or limitation on the coverage of such a drug (such as through the application of a preferred status, usage restriction, step therapy, prior authorization, or quantity limitation) during the period beginning on the date of such enrollment and ending on December 31 of the immediately succeeding plan year except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. ``(ii) Exceptions to limitation on removal.--Clause (i) shall not apply with respect to a covered part D drug that-- ``(I) is a brand name drug for which there is a generic drug approved under section 505(j) of the Food and Drug Cosmetic Act (21 U.S.C. 355(j)) that is placed on the market during the period in which there are limitations on removal or change in the formulary under subclause (I) or (II) of clause (i); ``(II) is a brand name drug that goes off-patent during such period; ``(III) is a drug for which the Commissioner of Food and Drugs issues a clinical warning that imposes a restriction or limitation on the drug during such period; or ``(IV) has been determined to be ineffective during such period. ``(iii) Notice of removal under application of exception to limitation.--The PDP sponsor of a prescription drug plan shall provide appropriate notice (such as under subsection (a)(3)) of any removal or change under clause (ii) to the Secretary, affected enrollees, physicians, pharmacies, and pharmacists.''. (b) Notice for Change in Formulary and Other Restrictions or Limitations on Coverage.-- (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C. 1395w-104(a)) is amended by adding at the end the following new paragraph: ``(5) Annual notice of changes in formulary and other restrictions or limitations on coverage.--Each PDP sponsor offering a prescription drug plan shall furnish to each enrollee at the time of each annual coordinated election period (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year a notice of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug under the plan that will take effect for the plan year.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to annual coordinated election periods beginning after the date of the enactment of this Act.

Medicare Drug Formulary Protection Act - Amends title XVIII (Medicare) of the Social Security Act to prohibit removal of covered part D (Voluntary Prescription Drug Benefit Program) drugs from a prescription drug plan formulary, or imposition of a restriction or limitation on the coverage of such a drug, during the plan year: (1) except at the beginning; or (2) for an individual enrollee, from the date of enrollment until December 31 of the immediately succeeding plan year. Specifies exceptions to such prohibition. Requires an annual notice to enrollees of changes in formulary and other restrictions or limitations on coverage.

A bill to amend title XVIII of the Social Security Act to prohibit removal of covered part D drugs from a prescription drug plan formulary during the plan year once an individual has enrolled in the plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Family Review Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Chapter 31 of title 5, United States Code, establishes anti-nepotism laws. (2) The specific purpose of the statute was to prevent nepotism and unfair conduct in Federal hiring practices. (3) The White House announced Jared Kushner's Federal employment appointment as senior White House adviser on January 9, 2017. (4) The White House announced Ivanka Trump's appointment as an official government employee as assistant to the President on March 29, 2017. (5) Under section 3110(a)(3) of title 5, United States Code, a daughter or son-in-law constitute a ``relative'' for purposes of a public official. (6) According to recent reporting by the New York Times, both Mr. Kushner and Ms. Trump retain substantial holdings, totaling as much as $740 million, that would be impacted based on a decision made by the Government. (7) Question 20A.1 on United States Government Standard Form 86 (SF 86), which all applicants seeking a security clearance must submit, asks: ``Have you, your spouse, or cohabitant ever had any foreign financial interests (such as stocks, property, financial investments, bank accounts, ownership of corporate entities, corporate interests, or businesses) in which you or they have direct control or direct ownership?''. (8) Question 20A.2 on such Form asks: ``Have you, your spouse, cohabitant, or dependent children ever had any foreign financial interests that someone controlled on your behalf?''. (9) Question 20A.3 on such Form asks: ``Have you, your spouse, cohabitant, or dependent children ever owned, or do you anticipate owning, or plan to purchase real estate in a foreign country?''. (10) Financial disclosures released on March 31, 2017, indicate that while both Mr. Kushner and Ms. Trump have divested from direct leadership roles in their previous businesses and real estate interests, their financial wealth remains tied to the success of those ventures by way of various trusts and company holdings. (11) President Trump has repeatedly declined to disclose personal or commercial tax returns or divesture agreements. (12) Given President Trump's refusal to disclose tax returns or divesture agreements, it is difficult to assess whether Mr. Trump's relatives sufficiently divested in holdings or are subject to foreign financial influence, including possible loans to the Trump Organization or to Mr. Kushner's businesses from state-owned foreign financial entities, including China's Anbang Insurance Group and Russia's VneshEconomBank. SEC. 3. LIMITATION ON PROVISION OF SECURITY CLEARANCES TO RELATIVES OF THE PRESIDENT. (a) Limitation on Security Clearances.--Section 3110(a)(1) of title 5, United States Code, is amended-- (1) in subparagraph (C) by striking ``and''; (2) in subparagraph (D) by striking the semicolon and inserting ``; and''; and (3) by adding at the end the following: ``(E) for purposes of subsection (f), an office, agency, or other establishment within the White House or the Executive Office of the President;''. (b) Prohibition on Security Clearances to Relatives of the President.--Section 3110 of title 5, United States Code, is amended by adding at the end the following: ``(f) Prohibition on Security Clearances to Relatives of the President.-- ``(1) In general.--Except as provided for under paragraph (2), an agency, including the Department of Defense, may not grant eligibility for access to classified information to a relative of the President for the purposes of Federal employment unless a favorable determination is submitted to the head of the agency pursuant to paragraph (2)(C). ``(2) Review process.-- ``(A) Request for determination.--If the President determines that a relative of the President requires access to classified information for Federal employment, the President shall submit a letter to the Director of the Office of Government Ethics requesting a determination regarding the relative's suitability for such access. ``(B) OGE review.--The Director shall conduct a review to determine whether the applicable relative has any ongoing and substantial commercial relationships with state-owned or privately owned foreign enterprises or financial institutions and, if so, whether the relative is ineligible for access to security clearance because of such relationships. ``(C) Submission.--Not later than 60 days after receipt of a letter under subparagraph (A), the Director shall submit the determination made under subparagraph (B) to-- ``(i) the President; ``(ii) the head of the employing agency of the relative; and ``(iii) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.''.

Security Clearance Family Review Act This bill prohibits specified federal agencies, including the Department of Defense, from granting access to classified information to a relative of the President for purposes of federal employment unless the Office of Government Ethics makes a favorable determination during a review process regarding the relative's suitability for such access. In conducting a review, the Office of Government Ethics must determine whether the relative of the President has any ongoing and substantial commercial relationships with state-owned or privately owned foreign enterprises or financial institutions, and, if so, whether the relative is ineligible for access to classified information because of such relationships.

Security Clearance Family Review Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``ED 1.0 Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Access to technology can improve grade and test averages, graduation rates, and retention rates, in addition to increasing the number of graduates in science and technology disciplines. (2) Minority-serving institutions historically have an important role in reaching an underserved population, and minority-serving institutions in economically disadvantaged areas face particular hardships in acquiring funds to sustain and expand their technological resources. (3) Low-income areas are technologically underserved. (4) Congress and the technological community should do all they can to find new and creative ways to bridge the current technology gap. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Telecommunications and Information Administration. (2) Eligible educational institution.--The term ``eligible educational institution'' means an institution that is-- (A) a historically Black college or university; (B) a Hispanic-serving institution as that term is defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); (C) a tribally controlled college or university as that term is defined in section 2(a)(4) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)(4)); (D) an Alaska Native-serving institution as that term is defined in section 317(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or (E) a Native Hawaiian-serving institution as that term is defined in section 317(b)(4) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(4)). (3) Historically black college or university.--The term ``historically Black college or university'' means a part B institution as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)). SEC. 4. MINORITY ONLINE DEGREE PILOT PROGRAM. (a) Pilot Program Established.-- (1) In general.--There is established within the National Telecommunications and Information Administration a pilot program under which the Administrator shall award 4 grants to eligible educational institutions to enable the eligible educational institutions to develop digital and wireless networks for online educational programs of study within the eligible educational institutions. (2) Grant number, duration, and amount.-- (A) Number.--The Administrator shall award a total of 4 grants under this section. (B) Duration.--Each grant under this section shall be awarded for a period of 6 years. (C) Annual grant payment amounts.--The Administrator shall make grant payments under this section in the amount of-- (i) $1,000,000 for the first fiscal year of a grant awarded under this section; (ii) $600,000 for each of the second through fifth such fiscal years; and (iii) $100,000 for the sixth such fiscal year. (b) Priority.-- (1) In general.--In awarding grants under this section the Administrator shall give priority to an eligible educational institution that, according to the most recent data available (including data available from the Bureau of the Census), serves a county-- (A) in which 50 percent of the residents of the county are members of a racial or ethnic minority; (B) in which less than 18 percent of the residents of the county have obtained a baccalaureate degree or a higher education; (C) that has an unemployment rate of 7 percent or greater; (D) in which 19 percent or more of the residents of the county live in poverty; (E) that has a negative population growth rate; or (F) that has a median family income of $32,000. (2) Highest priority.--In awarding grants under this section the Administrator shall give the highest priority to an eligible educational institution that meets the greatest number of requirements described in subparagraphs (A) through (F) of paragraph (1). (c) Use of Funds.--An eligible educational institution receiving a grant under this section may use the grant funds-- (1) to acquire equipment, instrumentation, networking capability, hardware, software, digital network technology, wireless technology, or wireless infrastructure; (2) to develop and provide educational services, including faculty development; or (3) to develop strategic plans for information technology investments. (d) Matching Not Required.--The Administrator shall not require an eligible educational institution to provide matching funds for a grant awarded under this section. (e) Report.--Not later than November 1 of each year, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report evaluating the progress, during the preceding fiscal year, of the pilot program assisted under this section. (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section-- (A) $4,500,000 for fiscal year 2008; (B) $2,400,000 for each of the fiscal years 2009 through 2012; and (C) $500,000 for fiscal year 2013. (2) Availability.--Funds appropriated under paragraph (1) shall remain available until expended. (g) Limitation on Use of Other Funds.--The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section.

ED 1.0 Act - Establishes a pilot program requiring the Administrator of the National Telecommunications and Information Administration to award six-year grants to four minority-serving educational institutions, enabling them to develop digital and wireless networks for online programs of study within the institutions. Gives grant priority to institutions serving counties: (1) that meet specified criteria of economic depression; (2) less than 18% of whose residents have a higher education; and (3) at least half of whose residents are minorities.

A bill to establish digital and wireless networks to advance online higher education opportunities for minority students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Check the Box for Homeless Veterans Act of 2013''. SEC. 2. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND ``Sec. 6098. Contributions to the Homeless Veterans Assistance Fund. ``SEC. 6098. CONTRIBUTIONS TO THE HOMELESS VETERANS ASSISTANCE FUND. ``(a) In General.--Every individual, with respect to the taxpayer's return for the taxable year of the tax imposed by chapter 1-- ``(1) may designate that a specified portion (not less than $1) of any overpayment of tax shall be paid over to the Homeless Veterans Assistance Fund in accordance with the provisions of section 9512, and ``(2) in addition to any payment (if any) under paragraph (1), may make a contribution to the United States of an additional amount which shall be paid over to such Fund. ``(b) Manner and Time of Designation and Contribution.--A designation and contribution under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. Such designation and contribution shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (b) Homeless Veterans Assistance Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. HOMELESS VETERANS ASSISTANCE FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Homeless Veterans Assistance Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Homeless Veterans Assistance Fund amounts equivalent to the amounts designated and contributed under section 6098. ``(c) Expenditures.-- ``(1) In general.--Subject to paragraphs (2) and (3), amounts in the Homeless Veterans Assistance Fund shall be available (and shall remain available until expended) to the Department of Veterans Affairs, in consultation with the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development, for the purpose of providing services to homeless veterans, through-- ``(A) the development and implementation of new and innovative strategies to prevent and end veteran homelessness, and ``(B) any homeless veteran program administered by the Department of Veterans Affairs, the Department of Labor Veterans' Employment and Training Service, and the Department of Housing and Urban Development. ``(2) Additional allocations.--The Secretary of Veterans Affairs is authorized to make transfers from the amounts described in paragraph (1) to the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development for the purpose of supporting programs that serve homeless veterans. ``(3) Advance notice.--The Secretary of Veterans Affairs, in collaboration with the Secretary of Labor and Secretary of Housing and Urban Development, shall submit a detailed expenditure plan for any amounts in the Homeless Veterans Assistance Fund to the Committees on Veterans' Affairs and Committees on Appropriations of the House of Representatives and of the Senate not later than 60 days prior to any expenditure of such amounts. ``(d) President's Annual Budget Information.--Beginning with the President's annual budget submission for fiscal year 2014 and every year thereafter, the Department of Veterans Affairs, the Department of Labor, and the Department of Housing and Urban Development shall include a description of the use of funds from the Homeless Veterans Assistance Fund from the previous fiscal year and the proposed use of such funds for the next fiscal year.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``PART IX--Contributions to the Homeless Veterans Assistance Fund''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Homeless Veterans Assistance Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Check the Box for Homeless Veterans Act of 2013 - Amends the Internal Revenue Code to: (1) establish in the Treasury the Homeless Veterans Assistance Fund; and (2) allow individual taxpayers to designate on their tax returns a specified portion (not less than $1) of any overpayment of tax, and to make a contribution of an additonal amount, to be paid over to such Fund to provide services to homeless veterans.

Check the Box for Homeless Veterans Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunt Unrestricted on National Treasures Act'' or the ``HUNT Act''. SEC. 2. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND. (a) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, each head of a Federal public land management agency shall make available to the public on the Web site of the agency a report that includes-- (1) a list of the location and acreage of lands more than 640 acres in size under the jurisdiction of such agency on which the public is allowed under Federal or State law to hunt, fish, or to use such lands for other recreational purposes-- (A) to which there is no public access or egress; or (B) to which public access or egress to the legal boundaries of such lands is significantly restricted (as determined by the head of such agency); (2) with respect to lands under the jurisdiction of the agency that are described in paragraph (1), a list of the lands that the head of such agency determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) with respect to lands under the jurisdiction of the agency listed under paragraph (2), a plan developed by the agency that-- (A) identifies how public access and egress could reasonably be provided to the legal boundaries of such lands in a manner that minimizes the impact on wildlife habitat and water quality; (B) specifies the actions recommended to secure such access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of lands abutting such lands or the need to coordinate with State land management agencies or other Federal or State governmental entities to allow for such access and egress; and (C) is consistent with the travel management plan in effect on such lands. (b) List of Public Access Routes for Certain Lands.--Not later than one year after the date of the enactment of this Act, each head of a Federal public land management agency shall make available to the public on the Web site of the agency, and thereafter revise as the head of the agency determines is appropriate, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the jurisdiction of such agency on which the public is allowed under Federal or State law to hunt, fish, or to use such lands for other recreational purposes. (c) Means of Public Access and Egress Included.--When considering public access and egress under subsections (a) and (b), the head of a Federal public land management agency shall consider public access and egress to the legal boundaries of lands described in such subsections, including access and egress-- (1) by motorized or non-motorized vehicles; and (2) on foot or horseback. (d) Definitions.--In this section: (1) The term ``Federal public land management agency'' means the National Park Service, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Land Management. (2) The term ``travel management plan'' means a plan for the management of travel-- (A) with respect to lands under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36 of the Code of Federal Regulations (or successor regulation); (B) with respect to lands under the jurisdiction of the United States Fish and Wildlife Service, on such lands under a comprehensive conservation plan required under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)); (C) with respect to lands under the jurisdiction of the Forest Service, on National Forest System lands under part 212 of title 36 of the Code of Federal Regulations (or successor regulations); and (D) with respect to lands under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.). SEC. 3. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL PURPOSES. Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the following: ``Recreational public access to federal land.--In an amount not less than 1.5 percent of such moneys, for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions, from willing sellers.''.

Hunt Unrestricted on National Treasures Act or the HUNT Act - Requires each head of a federal public land management agency (the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the Bureau of Land Management [BLM]), to annually make available to the public on its website a report that includes: (1) a list of the lands more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes and to which there is no public access or egress or to which such access or egress to the lands' legal boundaries is significantly restricted; (2) a list of such lands that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) a plan to provide such access and egress that is consistent with the travel management plan in effect. Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends the Land and Water Conservation Fund Act of 1965 to require allotment from the Land and Water Conservation Fund of an amount not less than 1.5 % of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.

To direct the heads of Federal public land management agencies to prepare reports on the availability of public access and egress to Federal public lands for hunting, fishing, and other recreational purposes, to amend the Land and Water Conservation Fund Act of 1965 to provide funding for recreational public access to Federal land, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families' Access to Health Innovations Act of 2013''. SEC. 2. AMENDMENT OF SMALL BUSINESS ACT. The Small Business Act is amended by redesignating section 45 as section 46 and by inserting after section 44 the following: ``SEC. 45. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY. ``(a) Definitions.--As used in this section: ``(1) The term `health information technology' means computer hardware, software, and related technology (including electronic medical record technology) that-- ``(A) supports the compliance with the meaningful EHR use requirements set forth in section 1848(o)(2)(A) of the Social Security Act (42 U.S.C. 1395w- 4(o)(2)(A)); ``(B) is purchased by an eligible professional to aid in the provision of health care in a health care setting; and ``(C) provides for-- ``(i) enhancement of continuity of care for patients through electronic storage, transmission, and exchange of relevant personal health data and information, such that this information is accessible at the times and places where clinical decisions will be or are likely to be made; ``(ii) enhancement of communication between patients and health care providers; ``(iii) improvement of quality measurement by eligible professionals enabling them to collect, store, measure, and report on the processes and outcomes of individual and population performance and quality of care; ``(iv) improvement of evidence-based decision support; or ``(v) enhancement of consumer and patient empowerment. Such term does not include information technology the sole use of which is financial management, maintenance of inventory of basic supplies, or appointment scheduling. ``(2) The term `eligible professional' means any of the following: ``(A) A physician (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))). ``(B) A practitioner described in section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)). ``(C) A physical or occupational therapist or a qualified speech-language pathologist. ``(D) A qualified audiologist (as defined in section 1861(ll)(4)(B) of such Act (42 U.S.C. 1395x(ll)(4)(B))). ``(E) A State-licensed pharmacist. ``(F) A State-licensed supplier of durable medical equipment, prosthetics, orthotics, or supplies. ``(G) A State-licensed, a State-certified, or a nationally accredited home health care provider. ``(3) The term `qualified eligible professional' means an eligible professional whose practice-- ``(A) is a small business concern; and ``(B)(i) is in a medically underserved community (as defined in section 799B(6) of the Public Health Service Act (42 U.S.C. 295p(6))); ``(ii) serves individuals at least 50 percent of whom are entitled to benefits or enrolled under title XVIII of the Social Security Act; or ``(iii) serves an area that consists predominantly of low-income families (as defined in section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a)). ``(b) Loan Guarantees for Qualified Eligible Professionals.-- ``(1) Guarantee percentage.--Subject to paragraph (2), the Administrator may guarantee up to 90 percent of the amount of the loan made to a qualified eligible professional for the acquisition of health information technology for use in such eligible professional's medical practice and for the costs associated with the installation of such technology. ``(2) Limitations on guarantee amounts.--The maximum amount of loan principal guaranteed under this subsection may not exceed-- ``(A) $350,000 with respect to any single qualified eligible professional; and ``(B) $2,000,000 with respect to a single group of affiliated qualified eligible professionals. ``(c) Fees.--(1) The Administrator may impose a guarantee fee on the borrower in an amount not to exceed 2 percent of the total guaranteed portion of any loan guaranteed under this section. The Administrator may also impose annual servicing fees on lenders not to exceed 0.5 percent of the outstanding balance of the guarantees on lenders' books. ``(2) No service fees, processing fees, origination fees, application fees, points, brokerage fees, bonus points, or other fees may be charged to a loan applicant or recipient by a lender in the case of a loan guaranteed under this section. ``(d) Interest Rates.--The interest rate charged on a loan guaranteed under this section shall not be greater than 25 basis points below the rate provided for a loan under the program under section 7(a). ``(e) Deferral Period.--Loans guaranteed under this section shall carry a deferral period of not more than 3 years. ``(f) Terms and Conditions for Loan Guarantees.--The loans guaranteed under this section shall be subject to the terms and conditions that apply to the program under section 7(a) or other such terms and conditions as are prescribed by the Administrator.''. SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER DUTIES. Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (S); (2) by striking the period at the end of subparagraph (T) and inserting a semicolon; and (3) by adding at the end the following: ``(U) facilitating the training of medical professionals in health information technology systems; and ``(V) establishing and providing a network of small health information technology companies available to medical professionals in low-income and underserved areas, as defined by the Secretary of Health and Human Services, for the purpose of aiding medical professionals in such areas to purchase, utilize, and maintain such technology.''.

Working Families' Access to Health Innovations Act of 2013 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of a loan made to a health care professional for the acquisition of health information technology for use in such professional's medical practice and for the costs associated with its installation. Provides loan guarantee limits, and authorizes the Administrator to impose a loan guarantee fee. Requires services provided by a small business development center to include: (1) facilitating the training of medical professionals in health information technology systems; and (2) establishing and providing a network of small health information technology companies available to such professionals in low-income and underserved areas for assistance in purchasing, utilizing, and maintaining such technology.

Working Families' Access to Health Innovations Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Team B Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) terrorism and domestic radicalization represent evolving, dynamic, multidimensional threats that necessitate a structured, iterative process to continuously revise plans, operations, concepts, organizations, and capabilities; and (2) past Federal experience in competitive analysis executed by experts drawn from outside the government has helped the intelligence community and policymakers better understand the nature of complex threats to the United States. SEC. 3. ESTABLISHMENT OF COUNTERTERRORISM COMPETITIVE ANALYSIS COUNCIL. (a) Establishment.--Title I of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following: ``counterterrorism competitive analysis council ``Sec. 120. (a) Establishment.--There is established a council to be known as the `Counterterrorism Competitive Analysis Council' (in this section referred to as the `Council'). ``(b) Duties.--The Council shall-- ``(1) advise the Director of National Intelligence on matters of policy relating to the threats of international terrorism and domestic radicalization based on all-source information; ``(2) prepare a competitive analysis of each national intelligence estimate concerning al-Qaeda and other foreign terrorist organizations and submit such analysis to the Director of National Intelligence and the National Intelligence Council; and ``(3) annually submit to Congress a report in unclassified form, which may include a classified annex, on trends in counterterrorism and domestic radicalization, including a summary of any competitive analysis prepared pursuant to paragraph (2). ``(c) Members.--(1) The Council shall be composed of eight members appointed by the Director of National Intelligence, in consultation with the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. Members shall be selected on the basis of previous experience with matters of policy relating to international terrorism and domestic radicalization. ``(2)(A) The Director of National Intelligence may not appoint an individual to the Council if such individual has served as an officer or employee of the Federal Government within a five-year period of the date of appointment. ``(B) The Director of National Intelligence may not appoint an individual to the Council if-- ``(i) such individual has served as an officer or employee of the Federal Government within a 15-year period of the date of appointment; and ``(ii) on the date of appointment, three of the members of the Council have served as officers or employees of the Federal Government within a 15-year period of the date of appointment. ``(3) The term of a member is five years, and a member may not serve more than two terms, except that a member appointed to fill a vacancy may serve two additional terms after the expiration of the term in which that vacancy occured. ``(4) Any member appointed to fill a vacancy occurring before the expiration of a term shall be appointed for the remainder of that term. ``(5) Every two years, the Council shall select a chair and vice chair from among its members. ``(6) To the extent provided in advance in appropriation Acts, each member shall be paid at a rate not to exceed the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(7) Any member of the Council may, if authorized by the Council, take any action which the Council is authorized to take by this section. ``(d) Staff of Council.--(1) To the extent provided in advance in appropriation Acts, the Council shall appoint and fix the compensation of a Director and such additional staff as may be necessary to enable the Council to carry out its duties. ``(2) The Director and staff of the Council may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that the rate of pay fixed for the Director and staff may not exceed the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(3) In accordance with rules adopted by the Council, and to the extent provided in advance in appropriation Acts, the Council may procure the services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. ``(e) Access to Intelligence Information.--(1) The Director of National Intelligence shall transmit to the Council each national intelligence estimate concerning al-Qaeda and other foreign terrorist organizations. ``(2) Upon request of the Council, the Director of National Intelligence shall make available to the Council any intelligence information in the possession of the intelligence community. ``(3) The Director of National Intelligence shall ensure that the appropriate executive departments and agencies cooperate with the Council in expeditiously providing to the members and staff appropriate security clearances in a manner consistent with existing procedures and requirements. ``(f) Applicability of Federal Advisory Committee Act.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.), relating to the termination of advisory committees, shall not apply to the Council. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2012 through 2017. No amount is authorized to carry out this section for a fiscal year unless the appropriation for the Office of the Director of National Intelligence for such fiscal year is reduced by an amount equal to the amount appropriated to carry out this section for such fiscal year''. (b) Initial Report.--The initial report required to be submitted under section 120(b)(2) of the National Security Act of 1947, as added by subsection (a), shall be filed not later than 1 year after the date of the enactment of this Act. (c) Clerical Amendment.--The table of contents of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting after the item relating to section 119B the following: ``Sec. 120. Counterterrorism Competitive Analysis Council.''.

Team B Act - Amends the National Security Act of 1947 to establish the Counterterrorism Competitive Analysis Council to: (1) advise the Director of National Intelligence (DNI) on all policy matters relating to threats of international terrorism and domestic radicalization based on all-source information; (2) prepare a competitive analysis of each national intelligence estimate concerning al Qaeda and other foreign terrorist organizations, and submit each analysis to the DNI and the National Intelligence Council; and (3) report annually to Congress on trends in counterterrorism and domestic radicalization.

To establish the Counterterrorism Competitive Analysis Council.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Angeles and San Bernardino National Forests Protection Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Administration of Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. Sec. 4. Expansion of Cucamonga and Sheep Mountain Wilderness Areas. Sec. 5. Protection of property rights and uses in additions to Cucamonga and Sheep Mountain Wilderness Areas. Sec. 6. Fire management in Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. Sec. 7. Maintenance of Angeles and San Bernardino National Forests. Sec. 8. Completion of wild and scenic rivers studies. Sec. 9. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) California has experienced devastating wildfires that have caused mudslides, burned public and private lands, destroyed and damaged structures and homes, and taken the lives of residents and first responders. (2) On August 30, 2009, Fire Captain Tedmund ``Ted'' Hall, 47, and Firefighter Specialist Arnaldo ``Arnie'' Quinones, 34, of the Los Angeles County Fire Department lost their lives while battling the Station Fire. (3) Coordination among Federal, State, and local agencies is essential to effectively respond to emergencies and prevent further loss of life from incidents in and around the Angeles and San Bernardino National Forests. (4) The Angeles and San Bernardino National Forests are among the most widely visited national forests in the Nation. (5) The Angeles and San Bernardino National Forests provide families with a variety of recreational opportunities, including hunting, fishing, biking, hiking, boating, swimming, off-highway vehicle use, skiing and snowboarding, horseback riding, camping, and picnicking. (6) The Angeles and San Bernardino National Forests account for approximately 70 percent of the open space and provide 35 percent of the drinking water in Los Angeles County, the most populous county in the Nation. (7) Several private land holdings and cabin communities are located within the Angeles and San Bernardino National Forests. (8) The Angeles and San Bernardino National Forests are also home to several rare and endangered plant and animal species. (9) Public safety, preserving recreational activities, and the protection of our natural resources must remain the top three priorities for these areas. SEC. 3. ADMINISTRATION OF CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL WILDERNESS AREAS. (a) Cucamonga and Sheep Mountain Wilderness Areas.--Except as otherwise provided in this Act, the Secretary of Agriculture shall continue to administer the Cucamonga and Sheep Mountain Wilderness Areas as provided in section 103 of the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1131 note) and the Wilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to areas added to the Cucamonga or Sheep Mountain Wilderness Areas by an amendment made by section 4, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. (b) San Gabriel Wilderness Area.--Except as otherwise provided in this Act, the Secretary of Agriculture shall continue to administer the San Gabriel Wilderness Area in accordance with section 3 of the Act entitled ``An Act to designate the San Gabriel Wilderness, Angeles National Forest, in the State of California'', approved May 24, 1968 (Public Law 90-318; 82 Stat. 131; 16 U.S.C. 1132 note), and the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 4. EXPANSION OF CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS. (a) Expansion of Cucamonga Wilderness Area.--Section 101(a)(5) of the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the following: ``and which comprise approximately 18,983 acres, as generally depicted on a map entitled `Sheep Mountain and Cucamonga Proposed Wilderness Addition' and dated July 13, 2010,''. (b) Expansion of Sheep Mountain Wilderness Area.--Section 101(a)(29) of the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1623; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the following: ``and which comprise approximately 53,889 acres, as generally depicted on a map entitled `Sheep Mountain and Cucamonga Proposed Wilderness Addition' and dated July 13, 2010,''. (c) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a copy of the map referred to in the amendments made by subsections (a) and (b) and legal descriptions of each wilderness area expanded by such amendments. The map and legal descriptions shall have the same force and effect as if included in this Act. The map and legal descriptions shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 5. PROTECTION OF PROPERTY RIGHTS AND USES IN ADDITIONS TO CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS. (a) Definition of Covered Wilderness Addition.--For purposes of this section, the term ``covered wilderness addition'' means an area added by the amendments in subsections (a) and (b) in subsection (4) to-- (1) the Cucamonga Wilderness Area; or (2) the Sheep Mountain Wilderness Area. (b) No Effect on Valid Existing Rights.--No provision in this Act shall affect any valid existing rights, including the following rights: (1) The rights of owners of private property in a covered wilderness addition. (2) Water rights. (c) Hunting, Fishing, and Trapping.--Consistent with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act or the Wilderness Act shall be construed as affecting the jurisdiction or responsibilities of the State of California with respect to hunting, fishing, and trapping in a covered wilderness addition. (d) Wildlife and Fish Conservation Activities.-- (1) In general.--Consistent with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be construed as affecting the authority of the State of California to carry out activities for the conservation of wildlife and fish, including management activities to maintain or restore wildlife and fish populations and the habitats supporting such populations, in a covered wilderness addition. (2) Use of aircraft and other vehicles.--Consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of Agriculture may authorize in a covered wilderness addition, in the manner in which the Secretary has previously authorized such activities in the Cucamonga and Sheep Mountain Wilderness Areas-- (A) the use of transportation and equipment including motor vehicles, motorized equipment or motorboats, aircraft, and other forms of mechanical transport to carry out activities described in paragraph (1); and (B) if the Secretary determines that the minimum tools necessary will be used, the infrequent and temporary landing of helicopters at unmodified sites for wildlife research or for the capture or translocation of species of wildlife including bighorn sheep. (e) Drug Interdiction.--Nothing in this Act or the Wilderness Act (16 U.S.C. 1131 et seq.) shall interfere with drug interdiction operations in, around, or affecting a covered wilderness addition (including low-level overflights of such addition), or otherwise restrict law enforcement access to a covered wilderness addition. (f) Military Activities.--Nothing in this Act or the Wilderness Act (16 U.S.C. 1131 et seq.) shall interfere with low-level overflights of military aircraft, the designation of new units of special airspace, or the use or establishment of military flight training routes over a covered wilderness addition. (g) Horses.--Nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a covered wilderness addition in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)) and subject to any terms and conditions determined by the Secretary of Agriculture to be necessary. (h) Access for Persons With Disabilities.--The Secretary of Agriculture, in consultation with the public, shall consider options for the design and construction of trails in the covered wilderness additions that are suitable for use by persons with disabilities. (i) Access to Private Property.--In conformance with subsections (a) and (b) of section 5 of the Wilderness Act (16 U.S.C. 1134), the Secretary of Agriculture shall provide any owner of private property within the boundary of a covered wilderness addition adequate access to the property to ensure the reasonable use and enjoyment of the property by the owner. (j) Activities or Uses in Buffer Zones.--Congress does not intend the inclusion of a covered wilderness addition in the Cucamonga or Sheep Mountain Wilderness Areas to result in the creation of protective perimeters or buffer zones around such addition. The fact that nonwilderness activities or uses can be seen or heard from within a covered wilderness addition shall not, of itself, preclude such activities or uses up to the boundaries of such addition. SEC. 6. FIRE MANAGEMENT IN CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL WILDERNESS AREAS. (a) Authorized Measures for Control of Fire, Insects, and Diseases.-- (1) In general.--The Secretary of Agriculture may take such measures in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas as are necessary for the control of fire, insects, and diseases (including the use of prescribed burning, priority treatments, or fuels reduction) in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress. (2) Use of mechanized equipment and other measures.--The inclusion of the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas in the National Wilderness Preservation System shall not be construed to interfere with or prevent-- (A) for purposes of wildfire prevention, the mechanical thinning of trees or underbrush in the wilderness areas; and (B) for purposes of responding to a wildfire that threatens a community, the use by the Secretary, the Forest Service, or a Federal Incident Commander of any modern method of fire suppression in the wilderness areas, including methods involving the use of mechanized heavy equipment, installation of fire breaks (including roads), and such other methods as are necessary to address the threat. (b) Revision and Development of Local Fire Management Plans.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall amend the local fire management plans that apply to the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. In the local fire management plans, the Secretary shall identify the following: (1) Best management practices (consistent with subsection (a)) for wildfire prevention, wildfire response, and watershed protection in the wilderness areas. (2) State and local officials to carry out the management practices described in paragraph (1). (c) Administration.--Not later than one year after the date of the enactment of this Act, to ensure a timely and efficient response to wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas, the Secretary shall carry out the following measures: (1) The Secretary shall establish agency approval procedures (including delegations of authority, as appropriate, to the Forest Supervisor, District Manager, Incident Commander, or other agency officials) for responding to wildfires. (2) The Secretary shall enter into agreements, as appropriate, with State and local firefighting agencies to carry out measures for wildfire prevention and response. (d) Funding Priorities.--Nothing in this Act limits funding for fire and fuels management in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. SEC. 7. MAINTENANCE OF ANGELES AND SAN BERNARDINO NATIONAL FORESTS. (a) Assessment of Maintenance Backlog.--Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall assess the backlog in the Angeles and San Bernardino National Forests in-- (1) preventive wildfire management activities, including fuels reduction; (2) maintenance of recreational areas, including the upkeep of signage for recreational areas and trails; and (3) restoration of the levels of access to and availability of recreational facilities and trails to at least the levels that existed immediately before the Station Fire in August 2009. (b) Elimination of Maintenance Backlog.--As soon as practicable after the Secretary of Agriculture has assessed the backlog under subsection (a), the Secretary shall carry out measures to eliminate the backlog assessed under subsection (a), focusing on the restoration described in paragraph (3) of such subsection. SEC. 8. COMPLETION OF WILD AND SCENIC RIVERS STUDIES. Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall complete and submit to Congress the studies, undertaken before the date of the enactment of this Act and uncompleted as of such date, regarding the potential addition of portions of the San Gabriel River (East, West, and North Forks), San Antonio Creek, and Middle Fork Lytle Creek in California to the national wild and scenic rivers system instituted by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). Such studies shall include information about the effect of each proposed addition on the following: (1) Valid existing rights of owners of property adjacent to such rivers, including owners of cabins on leased property, and their access to and use of such rivers, including their use of pump systems. (2) Other uses of such rivers, including the operation of dams. (3) Sediment management operations for reservoirs. (4) Valid existing water rights and easements in such rivers. (5) Use of and access to existing roadways, bridges, and trails, including the extent to which an existing roadway, bridge, or trail may be maintained or improved. (6) Construction of new roadways, bridges, and trails. (7) Implementation of future projects, including any delays that may be caused by environmental documentation required as a result of the addition. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary to carry out this Act.

Angeles and San Bernardino National Forests Protection Act - Incorporates specified proposed wilderness additions into the Cucamonga and Sheep Mountain Wilderness Areas in the Angeles and San Bernardino National Forests in California. Sets forth provisions regarding private property and water rights protections and permissible activities in such additions. Authorizes the Secretary of Agriculture to take such measures in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas that are necessary for the control of fire, insects, and diseases. Directs the Secretary to assess a specified maintenance backlog in the Angeles and San Bernardino National Forests. Requires completion of the studies regarding the potential addition of portions of the San Gabriel River, San Antonio Creek, and Middle Fork Lytle Creek in California to the national wild and scenic rivers system.

To provide for additions to the Cucamonga and Sheep Mountain Wilderness Areas in the Angeles and San Bernardino National Forests and the protection of existing property rights in such additions, to require the Secretary of Agriculture to take steps to prevent and prepare for wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas and address the backlog of maintenance in the Angeles and San Bernardino National Forests, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Monuments Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) public land in the United States is managed and administered for the use and enjoyment of present and future generations; (2) the National Park System (including National Parks, National Monuments, and National Recreation Areas) is managed for the benefit and inspiration of all the people of the United States; (3) the National Wildlife Refuge System is administered for the benefit of present and future generations of people in the United States, with priority consideration for compatible wildlife-dependent general public uses of the National Wildlife Refuge System; (4) the National Forest System is dedicated to the long- term benefit of present and future generations; (5) the reopening and temporary operation and management of public land, the National Park System, the National Wildlife Refuge System, and the National Forest System using funds from States and political subdivisions of States during periods in which the Federal Government is unable to operate and manage the areas at normal levels due to a lapse in appropriations is consistent with the values and purposes for which those areas were established; (6) any restriction of public access to national monuments, the National Park System, or the National Wildlife Refuge System during a lapse in appropriations, when such restriction is not necessary to comply with budgetary constraints and when an agency has not taken steps to mitigate restrictions on public access, shall be considered a direct violation of the purpose for which these lands and monuments were established and entrusted to Federal agencies for management; and (7) Federal agencies that serve as the management agency of national monuments, the National Park System, or the National Wildlife Refuge System have been entrusted with such properties to maintain and prioritize public access, including during a lapse in appropriations. SEC. 3. DEFINITIONS. In this Act: (1) Covered unit.--The term ``covered unit'' means-- (A) public lands; (B) units of the National Park System; (C) units of the National Wildlife Refuge System; (D) federally owned open air monuments and memorials; (E) units of the National Forest System; and (F) federally owned roads and off ramps on land described in subparagraphs (A) through (E). (2) Public land.--The term ``public lands'' has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (3) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. (4) Eligible entity.--The term ``eligible entity'' means the several States, the District of Columbia, federally recognized Indian tribes, and territories and possessions of the United States, and political subdivisions of thereof. SEC. 4. AGREEMENT TO OPERATE AND MANAGE COVERED UNIT DURING GOVERNMENT SHUTDOWN. (a) In General.--Not later than 6 months after an eligible entity offers to enter into an agreement under this section, the Secretary shall enter into an agreement with that eligible entity under which the eligible entity shall assume, in whole or in part, activities to resume or continue operations and public access to any covered unit during any period when those activities would not otherwise be carried out because there is-- (1) a lapse in available Federal funds for all or part of the covered unit as a result of a failure to enact a regular appropriations bill or continuing resolution; or (2) insufficient Federal funds to operate all or part of the covered unit as a result of a failure of the Federal Government to make sufficient funds available for this purpose. (b) Conditions.--Agreements entered into under this section-- (1) shall only apply to a covered unit within the boundaries of the eligible entity that is a party to the agreement; (2) may apply to all or part of a covered unit; (3) shall be for a term of not more than 5 years, unless the 5-year term would expire during a period when the agreement is being actively implemented, in which case the agreement shall expire at the conclusion of the lapse of funding (and related reimbursement) which precipitated the implementation; and (4) shall be in effect only during any period in which the Secretary is unable to operate and manage covered units at normal levels, as determined in accordance with the terms of agreement entered into under subsection (a). (c) Copies of Agreements.--A copy of each agreement entered into under this section shall be-- (1) kept by the Secretary, the eligible entity, and any other appropriate agency; and (2) available for inspection by Congress. (d) Reimbursement.--To the extent that funds are made available, through Acts of appropriation or otherwise, for activities carried out by an eligible entity under an agreement entered into under this section, the Secretary shall reimburse the eligible entity for costs expended by the eligible entity to carry out those activities. SEC. 5. EXCEPTION. Notwithstanding section 4, the Secretary may restrict access to any covered unit for reasons of national security. SEC. 6. REPORT. For any instance in which the Secretary does not enter into an agreement after an offer under section 4, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report stating-- (1) that an offer was made; (2) what eligible entity made the offer; (3) what the offer entailed; and (4) why the Secretary did not enter into an agreement pursuant to that offer.

Monuments Protection Act Directs the Departments of the Interior and Agriculture to enter into an agreement with a state, the District of Columbia, a federally recognized Indian tribe, a U.S. territory or possession, or a political subdivision of such an entity that offers to assume activities to resume or continue operations and public access to any covered unit during any period when those activities would not otherwise be carried out because: (1) there is a lapse in available federal funds as a result of a failure to enact a regular appropriations bill or continuing resolution, or (2) there are insufficient federal funds to operate such unit as a result of a failure of the federal government to make sufficient funds available. Defines a "covered unit" to mean: public lands, units of the National Park System, units of the National Wildlife Refuge System, federally owned open air monuments and memorials, units of the National Forest System, and federally owned roads and off ramps on all such lands. Requires Interior and USDA to reimburse such an entity once funds are made available for activities carried out by such entity.

Monuments Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping College Students Cross the Finish Line Act''. SEC. 2. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE AND VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by inserting after subpart 7 the following new subpart: ``Subpart 8--Grants to Institutions To Provide Awards to Undergraduate and Vocational Students With Financial Need To Assist in Completion of Degree and Certificate Programs ``SEC. 420. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE AND VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS. ``(a) Grants for Establishment of Financial Assistance Program.-- The Secretary shall award grants to institutions of higher education to establish programs of financial assistance for students in accordance with this section. ``(b) Financial Assistance Program.-- ``(1) Establishment.--An institution of higher education receiving a grant under subsection (a) shall establish a financial assistance program to award funds to not less than 100 eligible students per academic year in accordance with this subsection. ``(2) Student eligibility.--A student shall be eligible for an award under a financial assistance program established by an institution of higher education in accordance with this subsection if-- ``(A) such student is enrolled as an undergraduate or vocational student at such institution on a not less than half-time basis; ``(B) such student is academically able to complete the degree or certificate program for which such student is enrolled within an academic year; ``(C) such student is in good academic standing at such institution (as determined by such institution) at the time of the distribution of the award; ``(D) in the case of a student who previously received an award under this section, such student maintained good academic standing during the academic period for which the student received such previous award under this section; ``(E) such student has an outstanding tuition payment due to such institution and is unable to fully pay the amount due; and ``(F) the institution determines that without financial assistance, such student will discontinue the degree or certificate program for which such student is enrolled due to an inability to pay tuition. ``(3) Grant amount.--The amount of an award to a student under a financial assistance program established by an institution of higher education in accordance with this subsection for a semester or equivalent shall be the lesser of-- ``(A) $1,000; or ``(B) the amount of tuition such institution determines the student is unable to pay for such semester or equivalent. ``(4) Limitation on number of grants.--A student may only receive an award under a financial assistance program established by an institution of higher education in accordance with this subsection for a total of two semesters or the equivalent of two semesters. ``(5) Information on other financial assistance.-- ``(A) Information required.--Each institution of higher education receiving a grant under subsection (a) shall provide information to each covered student attending such institution on financial assistance available from any source other than this section. ``(B) Covered student defined.--In this paragraph, the term `covered student' means a student receiving an award under a financial assistance program established by an institution of higher education in accordance with this subsection in an amount that does not fully pay an outstanding tuition payment due to such institution. ``(c) Financial Literacy Survey.--The Secretary shall create, and each student receiving an award under a financial assistance program established by an institution of higher education in accordance with subsection (b) shall complete, an online survey concerning financial literacy. Such survey shall include matters relating to budgeting and saving, student loan debt, and career planning. ``(d) Reports.-- ``(1) Institutions of higher education.--Each institution of higher education receiving a grant under subsection (a) shall annually submit to the Secretary a report containing, for the academic year preceding the date of the submission of such report-- ``(A) the number of students enrolled at such institution that received an award under a financial assistance program established by such institution in accordance with subsection (b); ``(B) the number of such students who completed the degree or certificate program in which such students were enrolled during such academic year; ``(C) the number of such students who, following completion of the degree or certificate program in which such students were enrolled, subsequently enrolled in a degree or certificate program at a higher level; ``(D) the number of such students who, following completion of the degree or certificate program in which such students were enrolled, subsequently obtained full-time employment and the average salary for such students; and ``(E) any other information that the Secretary considers necessary. ``(2) Secretary.--The Secretary shall annually submit to Congress a report on the implementation of this section. Such report shall include-- ``(A) the aggregate data submitted by all institutions of higher education in accordance with paragraph (1); ``(B) an analysis of the grant program under this section and any suggestions for improving such program; and ``(C) any other information that the Secretary considers necessary. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2015 through 2020.''.

Helping College Students Cross the Finish Line Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary of Education to award grants to institutions of higher education (IHEs) to establish a financial assistance program that awards funds to at least 100 of the IHE's undergraduate or vocational students each academic year who: are enrolled on at least a half-time basis; are academically able to complete the degree or certificate program in which they are enrolled within an academic year; are in good academic standing; if they previously received such an award, maintained good academic standing during the academic period for which they received such award; are unable to fully pay an outstanding tuition payment that is due; and without financial assistance, will discontinue the degree or certificate program in which they are enrolled. Caps the amount of such award. Prohibits a student from receiving an award for more than two semesters or the equivalent of two semesters. Requires the IHEs to provide each student who receives an award that does not fully cover the amount due on the student's outstanding tuition with information on the financial assistance available from any other source. Directs the Secretary to create, and each student that receives an award to complete, an online financial literacy survey that includes matters relating to budgeting and saving, student loan debt, and career planning.

Helping College Students Cross the Finish Line Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Suburban and Community Forestry and Open Space Initiative Act of 2001''. SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE. The Cooperative Forestry Assistance Act of 1978 is amended by inserting after section 7 (16 U.S.C. 2103c) the following: ``SEC. 7A. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a State (including a political subdivision) or nonprofit organization that the Secretary determines under subsection (c)(1)(A)(ii) is eligible to receive a grant under subsection (c)(2). ``(2) Indian tribe.--The term `Indian tribe'-- ``(A) in the case of the State of Alaska, means a Native corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); and ``(B) in the case of any other State, has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Private forest land.--The term `private forest land' means land that is-- ``(A)(i) covered by trees; or ``(ii) suitable for growing trees, as determined by the Secretary; ``(B) suburban, as determined by the Secretary; and ``(C) owned by-- ``(i) a private entity; or ``(ii) an Indian tribe. ``(4) Program.--The term `program' means the Suburban and Community Forestry and Open Space Initiative established by subsection (b). ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service. ``(b) Establishment.-- ``(1) In general.--There is established within the Forest Service a program to be known as the `Suburban and Community Forestry and Open Space Initiative'. ``(2) Purpose.--The purpose of the program is to provide assistance to eligible entities to carry out projects and activities to-- ``(A) identify and preserve private forest land; and ``(B) contain suburban sprawl. ``(c) Grant Program.-- ``(1) Identification of eligible private forest land.-- ``(A) In general.--The Secretary, in consultation with State foresters or equivalent State officials and State planning offices, shall establish criteria for-- ``(i) the identification, subject to subparagraph (B), of private forest land in each State that may be preserved under this section; and ``(ii) the identification of eligible entities. ``(B) Conditions for eligible private forest land.--Private forest land identified for preservation under subparagraph (A)(i) shall be land that is-- ``(i) located in an area that is affected, or threatened to be affected, by significant suburban sprawl, as determined by the appropriate planning office of the State in which the private forest land is located; and ``(ii) threatened by present or future conversion to nonforest use. ``(2) Grants.-- ``(A) Projects and activities.-- ``(i) In general.--In carrying out this section, the Secretary shall award grants to eligible entities to carry out a project or activity described in clause (ii). ``(ii) Types.--A project or activity referred to in clause (i) is a project or activity that-- ``(I) is carried out to preserve private forest land or contain suburban sprawl; and ``(II) provides for guaranteed public access to land on which the project or activity is carried out, unless the appropriate State planning office requests, and provides justification for the request, that that requirement be waived. ``(B) Application.--An eligible entity that seeks to receive a grant under this section shall submit to the Secretary, in such form as the Secretary shall prescribe, an application for the grant (including a description of any private forest land to be preserved using funds from the grant). ``(C) Approval or disapproval.-- ``(i) In general.--Subject to clause (ii), as soon as practicable after the date on which the Secretary receives an application under subparagraph (B) or a resubmission under subclause (II)(bb), the Secretary shall-- ``(I)(aa) approve the application; and ``(bb) award a grant to the applicant; or ``(II)(aa) disapprove the application; and ``(bb) provide the applicant a statement that describes the reasons why the application was disapproved (including a deadline by which the applicant may resubmit the application). ``(ii) Priority.--In awarding grants under this section, the Secretary shall give priority to applicants that propose to fund projects and activities that promote, in addition to the primary purposes of preserving private forest land and containing suburban sprawl-- ``(I) the active management, in a sustainable manner, of private forest land; ``(II) community and school education programs and curricula relating to sustainable forestry; and ``(III) community involvement in determining the care and management of forest resources. ``(3) Cost sharing.-- ``(A) In general.--The Federal share of the cost of carrying out any project or activity using funds from a grant awarded under this section shall not exceed \1/2\ of the total cost of the project or activity. ``(B) Assurances of non-federal share.--As a condition of receipt of a grant under this section, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the non-Federal share of the cost of each project or activity to be funded by the grant has been secured. ``(C) Form of non-federal share.--The non-Federal share of the cost of carrying out any project or activity described in subparagraph (A) may be provided in cash or in kind. ``(d) Use of Grant Funds for Purchases of Land or Easements.-- ``(1) Purchases.-- ``(A) In general.--Except as provided in subparagraph (B), funds made available, and grants awarded, under this section may be used to purchase private forest land or interests in private forest land (including conservation easements) only from willing sellers at fair market value. ``(B) Sales at less than fair market value.--A sale of private forest land or an interest in private forest land at less than fair market value shall be permitted only on certification by the landowner that the sale is being entered into willingly and without coercion. ``(2) Title.--Title to private forest land or an interest in private forest land purchased under paragraph (1) may be held, as determined appropriate by the Secretary, by-- ``(A) a State (including a political subdivision of a State); or ``(B) a nonprofit organization. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $50,000,000 for fiscal year 2003; and ``(2) such sums as are necessary for each fiscal year thereafter.''.

Suburban and Community Forestry and Open Space Initiative Act of 2001 - Amends the Cooperative Forestry Assistance Act of 1978 to establish in the Forest Service the Suburban and Community Forestry and Open Space Initiative, which shall provide grants to preserve private forest land and contain suburban sprawl.

A bill to amend the Cooperative Forestry Assistance Act of 1978 to establish a program to provide assistance to States and nonprofit organizations to preserve suburban open space and contain suburban sprawl, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Coordinating Council Act''. SEC. 2. NATIONAL PUBLIC HEALTH COORDINATING COUNCIL. (a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting in collaboration with the Surgeon General, shall establish a National Public Health Coordinating Council (referred to in this section as the ``Council'') to facilitate and strengthen sustained communication and coordination across Federal agencies and offices regarding public health and to review and make recommendations concerning adequate and needed socio-economic and environmental policies to reduce health disparities and improve the public's health. (b) Composition.--The Council shall be composed of-- (1) the heads of each Federal department or agency (or their designees) that administers a program related to, or affected by, public health policies and projects (including medical and population-based public health programs), including the Secretary, the Surgeon General, the heads of the institutes and agencies within the Department of Health and Human Services, the heads of those Centers for Disease Control and Prevention centers determined appropriate by the Secretary, and the heads of other Federal departments and agencies, including the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Education, the Department of Energy, the Environmental Protection Agency, the Department of Housing and Urban Development, the Department of Homeland Security, the Department of the Interior, the Department of Justice, the Department of Labor, and the Department of Transportation; (2) representatives from each of the 10 regional health offices of the Department of Health and Human Services, who shall provide a State, local, and tribal perspective; (3) health advisors or other members of the President's domestic policy and domestic security councils; (4) public health experts who are not employed by the Federal Government, of whom-- (A) two individuals shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate, after consultation with the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate; (B) two individuals shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate, after consultation with the ranking minority member of the Committee on Health, Education, Labor, and Pensions; (C) three individuals shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Energy and Commerce of the House of Representatives; and (D) three individuals shall be appointed by the Minority Leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Energy and Commerce of the House of Representatives; and (5) other individuals determined appropriate by the Secretary or the co-chairpersons of the Council. (c) Administrative Provisions.-- (1) Chairperson.--The Surgeon General and the Assistant Secretary for Health shall serve as the co-chairpersons of the Council. (2) Terms.--Members of the Council appointed under subsection (b)(4) shall serve for a term of 2 years and members appointed under subsection (b)(5) shall serve for a term of 3 years, except that the initial terms of the members appointed under subsection (b)(4) shall be staggered. Such members may be reappointed for one or more additional term. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has taken office. (3) Meetings.--The Council shall meet at the call of the chairperson, but not fewer than 2 times each year. All meetings of the Council shall be public and shall include appropriate time periods for questions and presentations by the public. (4) Subcommittees; establishment and membership.--In carrying out its functions, the Council may establish subcommittees and convene workshops and conferences. Such subcommittees shall be composed of Council members and may hold such meetings as are necessary to enable the subcommittees to carry out their duties. (5) Support.--The Council shall receive necessary and appropriate administrative and other support from the Secretary, including the detailing of Department of Health and Human Services staff. The heads of the Federal entities represented on the Council shall share information, data, resources, and staff as appropriate. (d) Duties.--The Secretary shall determine the duties of the Council, which shall at a minimum include-- (1) reviewing existing Federal health programs and policies, the Federal administration of such programs, and whether such program provide for the availability of equitable public health services across communities; (2) making recommendations for the modification of such Federal programs and policies to improve public health; (3) making recommendations for the funding of such Federal programs at levels that would improve public health; (4) seeking to strengthen the impact of Federal public health efforts by improving interagency collaboration and promoting a dialogue on broad public health issues; (5) making recommendations to improve the efficiency of Federal health programs; (6) providing for the demonstration of Federal health leadership through the activities of the council; (7) improving Federal communication regarding health programs and policies through-- (A) the sharing of health-related information, knowledge, and data and the identification of gaps in comparable data and knowledge needed to improve the public's health; and (B) the facilitation of new health-related partnerships, and enhancing existing networks across Federal agencies; (8) identifying needed technical assistance to State and local public health agencies; and (9) carrying out other activities determined appropriate by the Council to improve public health. (e) Reports.--Not later than 1 year after the date on which the Council is established, and biennially thereafter, the Council shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report that contains-- (1) a description of the demonstrated strategic collaboration among Federal entities with respect to health programs and policies; (2) a summary of any evidence of improvements in communication and collaboration between such Federal entities with respect to Federal health programs and policies; (3) a description of any improvements in efficiencies of activities by such Federal entities with respect to such health programs and policies; (4) a description of the impact on public health of any modifications to such Federal programs and policies made as a result of the activities of the Council; (5) a description of progress made in meeting national health objectives and the public health infrastructure required to meet such objectives; and (6) recommendations for policies and programs to reduce health disparities. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary.

Public Health Coordinating Council Act - Requires the Secretary of Health and Human Services to establish a National Public Health Coordinating Council to: (1) facilitate and strengthen sustained communication and coordination across federal agencies and offices regarding public health; and (2) review and make recommendations concerning socioeconomic and environmental policies to reduce health disparities and improve the public's health. Requires the Secretary to determine the duties of the Council, which shall include: (1) reviewing existing federal health programs and policies for the availability of equitable public health services across communities; (2) making recommendations for the modification of such federal programs and policies to improve public health; and (3) seeking to strengthen the impact of federal public health efforts by improving interagency collaboration and promoting a dialogue on broad public health issues.

A bill to establish a National Public Health Coordinating Council to assess the impact of Federal health-related socio-economic and environmental policies across Federal agencies to improve the public's health.

SECTION 1. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the agreement entitled ``Agreement to Affirm Boundary Between Pueblo of Santa Clara and Pueblo of San Ildefonso Aboriginal Lands Within Garcia Canyon Tract'', entered into by the Governors on December 20, 2000. (2) Boundary line.--The term ``boundary line'' means the boundary line established under section 4(a). (3) Governors.--The term ``Governors'' means-- (A) the Governor of the Pueblo of Santa Clara, New Mexico; and (B) the Governor of the Pueblo of San Ildefonso, New Mexico. (4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (5) Pueblos.--The term ``Pueblos'' means-- (A) the Pueblo of Santa Clara, New Mexico; and (B) the Pueblo of San Ildefonso, New Mexico. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Trust land.--The term ``trust land'' means the land held by the United States in trust under section 2(a) or 3(a). SEC. 2. TRUST FOR THE PUEBLO OF SANTA CLARA, NEW MEXICO. (a) In General.--All right, title, and interest of the United States in and to the land described in subsection (b), including improvements on, appurtenances to, and mineral rights (including rights to oil and gas) to the land, shall be held by the United States in trust for the Pueblo of Santa Clara, New Mexico. (b) Description of Land.--The land referred to in subsection (a) consists of approximately 2,484 acres of Bureau of Land Management land located in Rio Arriba County, New Mexico, and more particularly described as-- (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico Principal Meridian, that is located north of the boundary line; (2) the southern half of T. 20 N., R. 7 E., Sec. 23, New Mexico Principal Meridian; (3) the southern half of T. 20 N., R. 7 E., Sec. 24, New Mexico Principal Meridian; (4) T. 20 N., R. 7 E., Sec. 25, excluding the 5-acre tract in the southeast quarter owned by the Pueblo of San Ildefonso; (5) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico Principal Meridian, that is located north and east of the boundary line; (6) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico Principal Meridian, that is located north of the boundary line; (7) the portion of T. 20 N., R. 8 E., Sec. 19, New Mexico Principal Meridian, that is not included in the Santa Clara Pueblo Grant or the Santa Clara Indian Reservation; and (8) the portion of T. 20 N., R. 8 E., Sec. 30, that is not included in the Santa Clara Pueblo Grant or the San Ildefonso Grant. SEC. 3. TRUST FOR THE PUEBLO OF SAN ILDEFONSO, NEW MEXICO. (a) In General.--All right, title, and interest of the United States in and to the land described in subsection (b), including improvements on, appurtenances to, and mineral rights (including rights to oil and gas) to the land, shall be held by the United States in trust for the Pueblo of San Ildefonso, New Mexico. (b) Description of Land.--The land referred to in subsection (a) consists of approximately 2,000 acres of Bureau of Land Management land located in Rio Arriba County and Santa Fe County in the State of New Mexico, and more particularly described as-- (1) the portion of T. 20 N., R. 7 E., Sec. 22, New Mexico Principal Meridian, that is located south of the boundary line; (2) the portion of T. 20 N., R. 7 E., Sec. 26, New Mexico Principal Meridian, that is located south and west of the boundary line; (3) the portion of T. 20 N., R. 7 E., Sec. 27, New Mexico Principal Meridian, that is located south of the boundary line; (4) T. 20 N., R. 7 E., Sec. 34, New Mexico Principal Meridian; and (5) the portion of T. 20 N., R. 7 E., Sec. 35, New Mexico Principal Meridian, that is not included in the San Ildefonso Pueblo Grant. SEC. 4. SURVEY AND LEGAL DESCRIPTIONS. (a) Survey.--Not later than 180 days after the date of enactment of this Act, the Office of Cadastral Survey of the Bureau of Land Management shall, in accordance with the Agreement, complete a survey of the boundary line established under the Agreement for the purpose of establishing, in accordance with sections 2(b) and 3(b), the boundaries of the trust land. (b) Legal Descriptions.-- (1) Publication.--On approval by the Governors of the survey completed under subsection (a), the Secretary shall publish in the Federal Register-- (A) a legal description of the boundary line; and (B) legal descriptions of the trust land. (2) Technical corrections.--Before the date on which the legal descriptions are published under paragraph (1)(B), the Secretary may correct any technical errors in the descriptions of the trust land provided in sections 2(b) and 3(b) to ensure that the descriptions are consistent with the terms of the Agreement. (3) Effect.--Beginning on the date on which the legal descriptions are published under paragraph (1)(B), the legal descriptions shall be the official legal descriptions of the trust land. SEC. 5. ADMINISTRATION OF TRUST LAND. (a) In General.--Beginning on the date of enactment of this Act-- (1) the land held in trust under section 2(a) shall be declared to be a part of the Santa Clara Indian Reservation; and (2) the land held in trust under section 3(a) shall be declared to be a part of the San Ildefonso Indian Reservation. (b) Applicable Law.-- (1) In general.--The trust land shall be administered in accordance with any law (including regulations) or court order generally applicable to property held in trust by the United States for Indian tribes. (2) Pueblo lands act.--The following shall be subject to section 17 of the Act of June 7, 1924 (commonly known as the ``Pueblo Lands Act'') (25 U.S.C. 331 note): (A) The trust land. (B) Any land owned as of the date of enactment of this Act or acquired after the date of enactment of this Act by the Pueblo of Santa Clara in the Santa Clara Pueblo Grant. (C) Any land owned as of the date of enactment of this Act or acquired after the date of enactment of this Act by the Pueblo of San Ildefonso in the San Ildefonso Pueblo Grant. (c) Use of Trust Land.-- (1) In general.--Subject to the criteria developed under paragraph (2), the trust land may be used only for-- (A) traditional and customary uses; or (B) stewardship conservation for the benefit of the Pueblo for which the trust land is held in trust. (2) Criteria.--The Secretary shall work with the Pueblos to develop appropriate criteria for using the trust land in a manner that preserves the trust land for traditional and customary uses or stewardship conservation. (3) Limitation.--Beginning on the date of enactment of this Act, the trust land shall not be used for any new commercial developments. SEC. 6. EFFECT. Nothing in this Act-- (1) affects any valid right-of-way, lease, permit, mining claim, grazing permit, water right, or other right or interest of a person or entity (other than the United States) that is-- (A) in or to the trust land; and (B) in existence before the date of enactment of this Act; (2) enlarges, impairs, or otherwise affects a right or claim of the Pueblos to any land or interest in land that is-- (A) based on Aboriginal or Indian title; and (B) in existence before the date of enactment of this Act; (3) constitutes an express or implied reservation of water or water right with respect to the trust land; or (4) affects any water right of the Pueblos in existence before the date of enactment of this Act.

(Sec. 2) Declares the right, title, and interest of the United States in certain tracts of land in Rio Arriba County and in Rio Arriba and Santa Fe Counties, New Mexico, to be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso, respectively (including mineral rights).(Sec. 4) Directs the Office of Cadastral Survey to conduct a survey of the boundary lines between the properties.(Sec. 5) Declares the lands held in trust to be part of the Santa Clara Indian Reservation and the San Ildefonso Indian Reservation and directs that they be administered in accordance with any law (including regulations) or court order generally applicable to property held by the U.S. Government in trust for Indian tribes. Subjects the trust lands and other lands in the Santa Clara Pueblo Grant and the San Ildefonso Pueblo Grant that are held by the respective tribes or subsequently acquired by them to the Pueblo Lands Act of 1924.Requires trust lands to be used only for traditional or customary uses or stewardship conservation. Prohibits trust lands from being used for any new commercial developments beginning on the date of the enactment of this Act.(Sec. 6) Prohibits this Act from being construed to: (1) affect any person's (other than the United States') existing right-of-way, lease, permit, mining claim, grazing permit, water right, or other right or interest in or to the trust lands; (2) affect any existing right or claim of either Pueblo to any lands or interest in lands based upon Aboriginal or Indian title; or (3) constitute the reservation of water or water rights in the trust lands or any change in status of water rights of either Pueblo.

A bill to provide that certain Bureau of Land Management land shall be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso in the State of New Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO Expansion Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) On January 10, 1994, the leaders of the NATO member nations meeting in Brussels, Belgium, issued an invitation to European countries that do not belong to NATO to participate in a program of expanded cooperation with NATO called the Partnership for Peace. (2) In that invitation, the leaders of the NATO member nations stated: ``We reaffirm that the Alliance, as provided in Article 10 of the Washington Treaty, remains open to the membership of other European states in a position to further the principles of the Treaty and to contribute to the security of the North Atlantic area. We expect and would welcome NATO expansion that would reach to democratic states to our East, as part of an evolutionary process, taking into account political and security developments in the whole of Europe.''. (3) The political and economic transformation of the formerly communist-ruled countries of Europe has been under way since 1989. In establishing a new Strategic Concept for NATO in November 1991, the leaders of the NATO member nations observed: ``All the countries that were formerly adversaries of NATO have dismantled the Warsaw Pact and rejected ideological hostility to the West. They have in varying degrees, embraced and begun to implement policies aimed at achieving pluralistic democracy, the rule of law, respect for human rights and a market economy.''. (4) In particular, Poland, Hungary, the Czech Republic, and Slovakia have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law since the fall of their previous communist governments. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the leaders of the NATO member nations are to be commended for reaffirming that NATO membership remains open to European countries emerging from communist domination and for welcoming eventual expansion of NATO to include such countries; (2) Poland, Hungary, the Czech Republic, and Slovakia should be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area not later than January 10, 1999, 5 years from the date of the establishment of the Partnership for Peace, and, in accordance with Article 10 of such Treaty, should be invited to become full NATO members not later than that date, provided these countries-- (A) maintain their progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (B) remain committed to protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; (3) the United States, other NATO member nations, and NATO itself should furnish appropriate assistance to facilitate the transition of Poland, Hungary, the Czech Republic, and Slovakia to full NATO membership not later than January 10, 1999; and (4) other European countries emerging from communist domination may be in a position at a future date to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area, and at the appropriate time they should receive assistance to facilitate their transition to full NATO membership and should be invited to become full NATO members. SEC. 4. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO MEMBERSHIP. (a) In General.--The President may establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to subsection (e). (b) Conduct of Program.--The program established under subsection (a) shall facilitate the transition to full NATO membership of the countries described in such subsection by supporting and encouraging, inter alia-- (1) joint planning, training, and military exercises with NATO forces; (2) greater interoperability of military equipment, air defense systems, and command, control, and communications systems; and (3) conformity of military doctrine. (c) Type of Assistance.--In carrying out the program established under subsection (a), the President may provide to the countries described in such subsection the following types of security assistance: (1) The transfer of excess defense articles under section 516 of Foreign Assistance Act of 1961, without regard to the restrictions in paragraphs (1) through (3) of subsection (a) of such section (relating to the eligibility of countries for such articles under such section). (2) The transfer of nonlethal excess defense articles under section 519 of the Foreign Assistance Act of 1961, without regard to the restriction in subsection (a) of such section (relating to the justification of the foreign military financing program for the fiscal year in which a transfer is authorized). (3) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the Economic Support Fund). (4) Assistance under chapter 5 of part II of that Act (relating to international military education and training). (5) Assistance under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing Program''). (d) Additional assistance.--In addition to the security assistance provided under subsection (c), the President may, in carrying out the program established under subsection (a), provide assistance from funds appropriated after the date of the enactment of this Act under the following accounts: (1) The ``Nonproliferation and Disarmament Fund'' account. (2) The ``Countries in Transition'' account. (e) Designation of Other European Countries Emerging From Communist Domination.--The President may designate other European countries emerging from communist domination to receive assistance under the program established under subsection (a) if the President determines and reports to the appropriate congressional committees that such countries-- (1) have made significant progress toward establishing democratic institutions, a free market economy, civilian control of their armed forces, and the rule of law; and (2) are likely, within 5 years of such determination, to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area. SEC. 5. AUTHORIZATION OF STATUS OF FORCES AGREEMENTS. The President is authorized to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights in respect of the military and related civilian personnel (including dependents of any such personnel) and activities of that country in the United States comparable to the rights conferred by that country in respect of the military and related civilian personnel (including dependents of any such personnel) and activities of the United States in that country. SEC. 6. REPORTING REQUIREMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, and at least once every year thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this Act. (b) Contents.--Each such report shall include-- (1) an assessment of the progress made by Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section 4(e) toward meeting the standards for NATO membership set forth in Article 10 of the North Atlantic Treaty, including-- (A) an assessment of the progress of such countries toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (B) the commitment of such countries in protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; (2) a description of all assistance provided under the program established under section 4, or otherwise provided by the United States Government to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section 4(e); (3) a description of all assistance provided by other NATO member nations or NATO itself to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section 4(e); and (4) a description of any agreement entered into pursuant to section 5. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. (2) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization. (3) Other european countries emerging from communist domination.--The term ``other European countries emerging from communist domination'' means-- (A) any member of the Conference on Security and Cooperation in Europe located-- (i) in the territory of the former Union of Soviet Socialist Republics; or (ii) in the territory of the former Socialist Federal Republic of Yugoslavia; or (B) Estonia, Latvia, Lithuania, Romania, Bulgaria, or Albania.

NATO Expansion Act of 1994 - Expresses the sense of the Congress with respect to NATO membership of Poland, Hungary, the Czech Republic, and Slovakia. Authorizes the President to establish a program to assist the transition to full NATO membership for Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated pursuant to this Act. Permits the President to provide specified security assistance to such countries, including excess defense articles, economic support fund assistance, international military education and training, and foreign military financing. Authorizes the President to provide additional assistance from the Nonproliferation and Disarmament Fund and Countries in Transition accounts. Permits the President to designate other European countries emerging from communist domination to receive assistance under this Act if he reports to the appropriate congressional committees that such countries: (1) have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (2) are likely to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area. Authorizes the President to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights with respect to the military and related civilian personnel and activities of that country in the United States comparable to those conferred by that country with respect to the United States.

NATO Expansion Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Employment Transition Support Act of 2005'' or the ``VETS Act of 2005''. SEC. 2. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA. (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. 45J. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA. ``(a) General Rule.--For purposes of section 38, the military service personnel employment credit for the taxable year shall be equal to-- ``(1) except as provided in paragraph (2), 40 percent of the qualified first-year wages for such year, and ``(2) in the case of a disabled qualified veteran, the applicable percentage of the qualified first-year wages for such year. ``(b) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means the wages paid or incurred by the employer during the taxable year to individuals who are qualified veterans. ``(2) Qualified first-year wages.--The term `qualified first-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1- year period beginning with the day the individual begins work for the employer. ``(3) Wages.--The term `wages' has the meaning given such term by section 51(c), without regard to paragraph (4) thereof. ``(c) Qualified Veteran; Hiring Date.--For purposes of this section-- ``(1) In general.--The term `qualified veteran' means any individual who is certified by the designated local agency (as defined in section 51(d)(11))-- ``(A) as being a veteran (as defined in section 51(d)(3)(B)) who performed services in an area designated by the President for purposes of this section as a combat zone or as a hazardous duty area, and ``(B) as having been honorably discharged from active duty in the Armed Forces of the United States. ``(2) Hiring date.--The term `hiring date' has the meaning given such term by section 51(d). ``(d) Disabled Qualified Veteran; Applicable Percentage.-- ``(1) In general.--The term `disabled qualified veteran' means any qualified veteran who is certified by the designated local agency (as so defined) as having a disability that has been determined under the laws administered by the Secretary of Veterans Affairs to be service-connected and that is rated by such Secretary (as of the date of the certification) as 10 percent or more disabling. ``(2) Applicable percentage.--The term `applicable percentage' means the percentage determined in accordance with the following table: ``Percentage of disability: Applicable percentage: At least 10 but not over 20....... 41 At least 20 but not over 30....... 42 At least 30 but not over 40....... 43 At least 40 but not over 50....... 44 At least 50 but not over 60....... 45 At least 60 but not over 70....... 46 At least 70 but not over 80....... 47 At least 80 but not over 90....... 48 At least 90 but not over 100...... 49 100 percent....................... 50 ``(e) Certain Rules to Apply.--Rules similar to the rules of section 52, and subsections (d)(11), (f), (g), (i) (as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997), (j), and (k) of section 51, shall apply for purposes of this section.''. (b) Credit to Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the military service personnel employment credit determined under section 45J(a).''. (c) Technical Amendments.-- (1) Clause (iii) of section 41(b)(2)(D) of such Code is amended to read as follows: ``(iii) Exclusion for wages to which employment credits apply.--The term `wages' shall not include any amount taken into account in determining the credit under section 45J(a) or 51(a).''. (2) Subparagraph (B) of section 45A(b)(1) of such Code is amended to read as follows: ``(B) Coordination with other employment credits.-- The term `qualified wages' shall not include wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer if any portion of such wages is taken into account in determining the credit under section 45J or 51.''. (3) Subsection (a) of section 280C of such Code is amended by inserting ``45J(a),'' after ``45A(a),''. (4) Paragraph (3) of section 1396(c) of such Code is amended to read as follows: ``(3) Coordination with other employment credits.-- ``(A) In general.--The term `qualified wages' shall not include wages taken into account in determining the credit under section 45J or 51. ``(B) Coordination with paragraph (2).--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credits under sections 45J and 51.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45J. Credit for employers hiring military service personnel who served in a combat zone or a hazardous duty area.''. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Veterans' Employment Transition Support Act of 2005 or the VETS Act of 2005 - Amends the Internal Revenue Code to allow employers a general business tax credit for hiring veterans who served in a combat zone or a hazardous duty area and were honorably discharged from active duty. Sets the amount of such credit at 40 percent of the first-year wages of such veterans and increases the percentage of such credit for disabled veterans based upon their disability ratings.

To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for hiring military service personnel who served in a combat zone or a hazardous duty area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013'' or the ``CLEAR Cost Information Act of 2013''. SEC. 2. REPORTING OF CERTAIN HOSPITAL PAYMENT DATA. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (V), by striking ``and'' at the end; (B) in subparagraph (W), as added by section 3005 of Public Law 111-148-- (i) by moving such subparagraph 2 ems to the left; and (ii) by striking the period at the end and inserting a comma; (C) in subparagraph (W), as added by section 6406(b) of Public Law 111-148-- (i) by moving such subparagraph 2 ems to the left; (ii) by redesignating such subparagraph as subparagraph (X); and (iii) by striking the period at the end and inserting ``, and''; and (D) by inserting after subparagraph (X), as redesignated by subparagraph (C)(ii), the following new subparagraph: ``(Y) in the case of a subsection (d) hospital (as defined in section 1886(d)(1)(B)), to report payment data to the Secretary in accordance subsection (l).''; and (2) by adding at the end the following new subsection: ``(l) Reporting of Certain Hospital Payment Data.-- ``(1) In general.--A subsection (d) hospital (as defined in section 1886(d)(1)(B)) shall submit to the Secretary data on the actual amounts collected by the hospital from uninsured and insured patients over the preceding 2 years for each of the procedures described in paragraph (2). ``(2) Procedures described.--The procedures described in this paragraph are the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made under this title, as determined by the Secretary based on claims data, in both the inpatient and outpatient settings. ``(3) Transparency.-- ``(A) In general.--In order to be beneficial to consumers, the reporting of data under this subsection shall be done in a manner that is transparent to the general public. ``(B) Public availability of information.--The Secretary shall post data submitted under paragraph (1) on a publicly accessible and searchable Internet website in a form and manner that-- ``(i) allows for meaningful comparisons of hospital collections and related policies by zip code; and ``(ii) is readily understandable by a typical consumer. ``(C) Linking of data.--A subsection (d) hospital shall include a link to the data posted under subparagraph (B) on the home Internet website of the hospital.''. (b) Effective Date.--The amendments made by this section shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act. SEC. 3. INCLUSION OF INFORMATION ON CHARITY CARE FURNISHED BY HOSPITALS IN MEDPAC'S ANNUAL REPORT. Each annual report submitted to Congress after the date of the enactment of this Act by the Medicare Payment Advisory Commission under section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall contain information on the percentage that charity care makes up of the total care furnished by hospitals and critical access hospitals. SEC. 4. PUBLIC AVAILABILITY OF REPORT ON TRENDS IN LEVELS OF CHARITY CARE PROVIDED BY CERTAIN HOSPITALS. (a) Posting of Data.--Section 9007(e)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148; 124 Stat. 858) is amended by adding at the end the following new subparagraph: ``(C) Public availability.--The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall post the data contained in the report under subparagraph (B) on a publicly accessible and searchable website that-- ``(i) allows for meaningful comparisons of the data by zip code; and ``(ii) is readily understandable by a typical consumer.''. (b) Medicare Requirement for Hospitals To Provide a Link to the Data on the Hospital's Home Webpage.-- (1) In general.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as amended by section 2, is amended-- (A) in subparagraph (X), by striking ``and'' at the end; (B) in subparagraph (Y), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (Y) the following new subparagraph: ``(Z) in the case of hospitals and critical access hospitals, to include a link on the home Internet website of the hospital or critical access hospital to the data posted under section 9007(e)(2)(C) of the Patient Protection and Affordable Care Act.''. (2) Effective date.--The amendments made by paragraph (1) shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act.

Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013 [sic] or CLEAR Cost Information Act of 2013 [sic] - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require service providers, in order to be qualified to participate and receive Medicare payments under any agreement filed with the Secretary of Health and Human Services (HHS), to report to the Secretary payment data on "subsection (d) hospitals." (Generally, a subsection (d) hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.) Requires a subsection (d) hospital to submit to the Secretary data on the actual amounts it has collected from uninsured and insured patients over the preceding two years for each of the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made in both the inpatient and outpatient settings. Requires each annual report submitted to Congress by the Medicare Payment Advisory Commission (MEDPAC) to contain information on the percentage that charity care makes up of the total care furnished by hospitals and critical access hospitals. Amends the Patient Protection and Affordable Care Act to require the Secretary of the Treasury to post data on trends in the levels of charity care provided by certain hospitals on a publicly accessible and searchable website. Amends SSA title XVIII to require hospitals and critical access hospitals to include a link to such data on their home Internet websites.

Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Local Transportation Security Capabilities Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Public and private sector stakeholders.--The term ``public and private sector stakeholders'' has the meaning given such term in section 114(u)(1)(C) of title 49, United States Code. (2) Surface transportation asset.--The term ``surface transportation asset'' includes facilities, equipment, or systems used to provide transportation services by-- (A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1131(5))); (B) a railroad carrier (as such term is defined in section 20102(3) of title 49, United States Code); (C) an owner or operator of-- (i) an entity offering scheduled, fixed- route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1151(4))); or (ii) a bus terminal; or (D) other transportation facilities, equipment, or systems, as determined by the Secretary. (3) Transportation facility.--The term ``transportation facility'' means a bus terminal, intercity or commuter passenger rail station, airport, multi-modal transportation center, or other transportation facility, as determined by the Secretary of Homeland Security. SEC. 3. THREAT INFORMATION SHARING. (a) Prioritization.--The Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing of classified information regarding terrorist and other threats. (b) Intelligence Products.--Officers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on terrorist and other threats to surface transportation assets that-- (1) assist State, local, and tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to terrorist and other threats; (2) promote more consistent and timely sharing of threat information among jurisdictions; and (3) enhance the Department of Homeland Security's situational awareness of such terrorist and other threats. (c) Clearances.--The Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to terrorist and other threats to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 (75 Fed. Reg. 162; relating to a classified national security information program) or any successor Executive order. SEC. 4. INTEGRATED AND UNIFIED OPERATIONS CENTERS. (a) Framework.--Not later than 120 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in consultation with the heads of other appropriate offices or components of the Department of Homeland Security, shall make available to public and private sector stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes, as determined appropriate by the Administrator. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding the establishment and activities of integrated and unified operations centers at transportation facilities at which the Transportation Security Administration has a presence. SEC. 5. LOCAL LAW ENFORCEMENT SECURITY TRAINING. (a) In General.--The Secretary of Homeland Security, in consultation with public and private sector stakeholders, may develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to terrorism and other serious incidents at a surface transportation asset. (b) Requirements.--If the Secretary of Homeland Security develops the training program described in subsection (a), such training program shall-- (1) be informed by current information regarding terrorist tactics; (2) include tactical instruction tailored to the diverse nature of the surface transportation asset operational environment; and (3) prioritize training officers from law enforcement agencies that are eligible for or receive grants under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) and officers employed by railroad carriers that operate passenger service, including interstate passenger service. Passed the House of Representatives March 22, 2018. Attest: KAREN L. HAAS, Clerk.

Strengthening Local Transportation Security Capabilities Act of 2018 (Sec. 3) This bill directs the Department of Homeland Security (DHS) to prioritize the assignment of officers and intelligence analysts from the Transportation Security Administration (TSA) and DHS's Office of Intelligence and Analysis, to locations with participating state, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such asset. A "surface transportation asset" includes facilities, equipment, or systems used to provide transportation services by: (1) a public transportation agency, (2) a railroad carrier, (3) an owner or operator of bus services or a bus terminal, or (4) other facilities as determined by DHS. Officers and intelligence analysts assigned to locations with participating state, local, and regional fusion centers shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on terrorist and other threats to surface transportation assets that: (1) assist state, local, and tribal law enforcement agencies in deploying their resources; (2) promote more consistent and timely sharing of threat information among jurisdictions; and (3) enhance DHS's situational awareness of such terrorist and other threats. (Sec. 4) The TSA shall: (1) make available to public and private sector stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes; and (2) report to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation on operations centers at transportation facilities at which the TSA has a presence. (Sec. 5) DHS, may develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to terrorism and other serious incidents at a surface transportation asset.

Strengthening Local Transportation Security Capabilities Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Global Health Technology Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Applied research and development is a critical component of United States leadership in global health. Research and innovation can help to break the cycle of aid dependency by providing sustainable solutions to long-term problems. Research and development for global health is crucial for meeting new and emerging challenges, creating efficiencies, strengthening health systems, shifting tasks and strengthening workforces, and increasing access to health services for the most vulnerable. Research suggests that advances in health and medical technologies have been the major drivers behind massive improvements in health worldwide over the past century, resulting in an average increase in life expectancies of 21 years in low- and middle-income countries between 1960 and 2002. (2) Because of its presence in the field, the United States Agency for International Development (USAID) is uniquely placed to assess local health conditions, then partner with public and private stakeholders to ensure the development and timely introduction and scale-up of tools that are culturally acceptable, address serious and all-too-common health problems, and contribute to the strengthening of health systems. In a recent report to Congress, USAID calls health research ``integral'' to its ``ability to achieve its health and development objectives worldwide'' and states that innovation through research allows the agency ``to develop and introduce affordable health products and practices and contribute to policies appropriate for addressing health-related concerns in the developing world''. In 2006, USAID outlined a five-year health research strategy: ``Report to Congress: Health-Related Research and Development Activities at USAID (HRRD), May 2006'', with a timeline through 2010. (3) Congress notes the interrelated initiatives that USAID has taken to advance science, technology, and innovation for development, including the Grand Development Challenges, the Innovation Fund, Development Innovation Ventures, the Development Lab, and the Innovation Fellowship. (4) Applied research and development at USAID-- (A) facilitates public-private collaboration in the development of global health technologies; (B) leverages public and private sector support for early stage research and development of health technologies to encourage private sector investment in late-stage technology development and product introduction in developing countries; (C) benefits the United States economy by investing in the growing United States global health technology sector, which-- (i) provides skilled jobs for American workers; (ii) creates opportunities for United States businesses in the development and production of new technologies; and (iii) enhances United States competitiveness in the increasingly technological and knowledge-based global economy; and (D) enhances United States national security by-- (i) reducing the risk of pandemic disease; and (ii) contributing to economic development and stability in developing countries. (5) Investments by the United States in affordable, appropriate health technologies, such as medical devices for maternal, newborn, and child care; new vaccines; new vaccine technologies and delivery tools; safe injection devices; diagnostic tests for infectious diseases; new tools for water, sanitation, and nutrition; multipurpose prevention technologies; information systems and mobile health and information systems; and innovative disease prevention strategies-- (A) reduce the risk of disease transmission; (B) accelerate access to life-saving global health interventions for the world's poor; (C) reduce the burden on local health systems; and (D) have been found by the United States Government and the World Health Organization to result in significant cost savings for development assistance funds. (6) Product development partnerships (PDPs) are one model that is successfully accelerating research to benefit the developing world. PDPs are non-profit, nongovernmental entities that work to accelerate the development of new tools to fight diseases in resource-poor settings. Typically, PDPs manage resources and partnerships from across public, private, and philanthropic sectors to drive the development of a full pipeline of potential new products that could save and improve lives in the developing world. USAID has played a significant role in advancing the PDP model through its financial support. Over the past decade, the achievements of PDPs have become increasingly successful at advancing new products through the development pipeline towards registration, product introduction, and use. (7) Through a cooperative agreement, known as the Health Technologies program, USAID supports the development of technologies that-- (A) maximize the limited resources available for global health; and (B) ensure that products and medicines developed for use in low-resource settings reach the people that need such products and medicines. Through the Health Technologies program, 85 technologies have been invented, designed, developed, or co-developed, with many of these technologies moved to global use and billions of units used worldwide. Over its 25-year history, more than 95 private- sector collaborators have been involved in the Health Technologies program, matching USAID dollars two to one. (8) USAID's translational research is complementary to the work of other agencies: (A) The Quadrennial Development and Diplomacy Review (QDDR) proposes to transition leadership of the Global Health Initiative (GHI) to USAID with a target date of the end of 2012. A core principle of the GHI is ``Research and innovation''. (B) The Presidential Policy Directive on Global Development identifies innovation as contributing to the resolution of ``long-standing development challenges''. (C) The QDDR affirms that ``US leadership in science and innovation is often linked to our ability to contribute to a safer, healthier, and more stable world.''. SEC. 3. PURPOSES. The purpose of this Act is to codify the cooperative agreement, known as the Health Technologies program, in effect as of the date of the enactment of this Act, under which the United States Agency for International Development supports the development of technologies for global health to-- (1) improve global health; (2) reduce maternal, newborn, and child mortality rates; (3) reverse the incidence of HIV/AIDS, malaria, tuberculosis, and other infectious diseases; (4) reduce the burden of chronic diseases; and (5) support research and development that is consistent with a global development strategy and other related strategies developed by USAID. SEC. 4. CODIFICATION OF HEALTH TECHNOLOGIES PROGRAM. Section 107 the Foreign Assistance Act of 1961 (22 U.S.C. 2151e) is amended by adding at the end the following: ``(c) Health Technologies Program.--(1) There is established in the United States Agency for International Development (USAID) a health technologies program (referred to in this subsection as the `program'). ``(2) The program shall develop, advance, and introduce affordable, available, and appropriate and primarily late-stage technologies specifically designed to-- ``(A) improve the health and nutrition of populations in developing countries; ``(B) reduce maternal, newborn, and child mortality in such countries; and ``(C) improve the diagnosis, prevention, and reduction of disease, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases, in such countries. ``(3) The program shall be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of-- ``(A) advancing the technologies described in paragraph (2); and ``(B) integrating practical field experience into the research and development process in order to introduce the most appropriate technologies. ``(4) The provisions of this subsection codify the cooperative agreement, known as the Health Technologies program, in effect as of the date of the enactment of this subsection, under which USAID supports the development of technologies for global health. The provisions of this subsection do not establish a new cooperative agreement or program for such purposes.''. SEC. 5. REPORT ON RESEARCH AND DEVELOPMENT ACTIVITIES AT USAID. (a) In General.--The Administrator of the United States Agency for International Development (referred to in this subsection as ``USAID'') shall submit to Congress an annual report on research and development activities at USAID. (b) Matters To Be Included.--The report required by subsection (b) shall describe-- (1) updates on its strategy for using research funds to stimulate the development and introduction of key products; (2) USAID's collaborations and coordination with other Federal departments and agencies in support of translational and applied global health research and development; (3) its investments for the fiscal year in science, technology, and innovation; (4) how these technologies and research products complement the work being done by other Federal departments and agencies, if applicable; and (5) technologies and research products that have been introduced into field trials or use.

21st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish in the United States Agency for International Development (USAID) the Health Technology Program which shall: (1) develop and introduce technologies designed to improve health and nutrition in developing countries, reduce maternal, newborn, and child mortality, and improve disease diagnosis and prevention, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases; and (2) be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of advancing such technologies and integrating practical field experience into the research and development process. Codifies the Program.

To amend the Foreign Assistance Act of 1961 to codify the cooperative agreement, known as the Health Technologies program, under which the United States Agency for International Development supports the development of technologies for global health, and for other purposes.

SECTION 1. PREPAYMENT OF DEVELOPMENT COMPANY 0DEBENTURES. (a) In General.--Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695, et seq.) is amended by adding at the end the following new section: ``SEC. 507. PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES. ``(a) In General.--(1) If the requirements of subsection (b) are met and subject to the availability of appropriations, the issuer of a debenture purchased by the Federal Financing Bank and guaranteed by the Administration under section 503 may, at the election of the borrower whose loan secures such debenture and with the approval of the Administration, prepay such debenture by paying to the Federal Financing Bank the amount that is equal to the sum of the unpaid principal balance due on the debenture on the date of the prepayment (plus accrued interest at the coupon rate on the debenture) and the amount of the repurchase premium described in paragraph (2)(A). The Administration shall pay to the Federal Financing Bank the difference between the repurchase premium paid by the issuer of the debenture under this subsection and the repurchase premium that the Federal Financing Bank would otherwise have received. ``(2)(A) The amount of the repurchase premium described in this paragraph is the product of-- ``(i) the unpaid principal balance due on the debenture on the date of prepayment; ``(ii) the interest rate of the debenture; and ``(iii) the factor `P', as determined under subparagraph (B). ``(B) for purposes of subparagraph (A)(iii), the factor `P' means the applicable percent determined in accordance with the following table: ------------------------------------------------------------------------ Applicable percent ``Year in which prepayment of --------------------------------------- debenture is made (from date of 10-year 15-year 20-year 25-year original issuance) term term term term loan loan loan loan ------------------------------------------------------------------------ 1............................... 1.00 1.00 1.00 1.00 2............................... .80 .85 .90 .92 3............................... .60 .70 .80 .84 4............................... .40 .55 .70 .76 5............................... .20 .40 .60 .68 6............................... 0 .25 .50 .60 7............................... 0 .10 .40 .52 8............................... 0 0 .30 .44 9............................... 0 0 .20 .36 10.............................. 0 0 .10 .28 11.............................. 0 0 0 .20 12.............................. 0 0 0 .12 13.............................. 0 0 0 .04 14 through 25................... 0 0 0 0 ------------------------------------------------------------------------ ``(b) Requirements.--The requirements of this subsection are met if-- ``(1) the debenture is outstanding and neither the loan that secures the debenture nor the debenture is in default on the date the prepayment is made; ``(2) State or personal funds, which may include refinancing under the programs authorized by sections 504 and 505 of this Act, are used to prepay the debenture; and ``(3) the issuer certifies that the benefits, net of fees and expenses authorized herein, associated with prepayment of the debenture are entirely passed through to the borrower. ``(c) No fees or penalties other than those specified in this section may be imposed as a condition of such prepayment against the issuer or the borrower, or the Administration or any fund or account administered by the Administration, except as provided in this Act. ``(d) The refinancing of debentures authorized by paragraph (b)(2) of this section under section 504 of this Act shall be limited to only such amounts as are needed to prepay existing debentures and shall be subject to all of the other provisions of sections 504 and 505 of this Act and the rules and regulations of the Administration promulgated thereunder, including, but not limited to, rules and regulations governing payment of authorized expenses and commissions, fees and discounts to brokers and dealers in trust certificates issued pursuant to section 505: Provided, however, That no applicant for refinancing under section 504 of this Act need demonstrate that a requisite number of jobs will be created with the proceeds of such refinancing.'' Sec. 2. (a) The provisions of this Act are exercisable at the option of the borrower. (b) Any new credit or spending authority provided for in this Act is subject to amounts provided in advance in appropriations Acts. (c) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. (d) Within 30 days of the effective date of this Act, the Administration shall promulgate such regulations as are necessary, including establishing an order of priority to accomplish the provisions of this Act. (e) Subsection 504(b) of this Act is hereby repealed, subsection 504(a) is renumbered as section 504, and paragraphs (1) through (3) of subsection 504(a) are renumbered as subsections 504 (a) through (c).

Amends the Small Business Investment Act of 1958 to permit a qualified State or local development company that issues a debenture purchased by the Federal Financing Bank and guaranteed by the Small Business Administration, at the election of the small business borrower whose loan secures such debenture and with the Administrators approval, to prepay the debenture by payment to the Bank of the unpaid principal balance, accrued interest, and repurchase premium amount (as determined under this Act). Prohibits any fees or penalties from being imposed against the issuer, borrower, or the Administration as a condition of prepayment under this Act. Authorizes appropriations.

A bill to amend the Small Business Investment Act of 1958 to permit prepayment of debentures issued by State and local development companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Security and Iran Sanctions Enforcement Act''. SEC. 2. RESTRICTION ON PARTICIPATION IN OFFSHORE OIL AND GAS LEASING. (a) Certification Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that requires that-- (A) the person that is the lessee to certify annually to the Secretary that the person does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a certification or makes such a certification that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, that the person has failed to make a certification required under such provision or made such a certification that is false, shall cancel the lease. (b) Disclosure Requirement.--The Secretary of the Interior shall-- (1) include in each lease issued after the date of enactment of this Act that authorizes drilling for oil and gas on the Outer Continental Shelf a provision that-- (A) requires the person that is the lessee to disclose to the Secretary any participation by the person in any energy-related joint venture, investment, or partnership located outside Iran that involves-- (i) any person whose property and interests in property are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transacting with persons who commit, threaten to commit, or support terrorism); (ii) any person whose property and interests in property are blocked pursuant to Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking of property of weapons of mass destruction proliferators and their supporters); or (iii) any entity listed on appendix A to part 560 of title 31, Code of Federal Regulations (relating to the Iranian Transactions Regulations); and (B) authorizes the Secretary to cancel the lease if the person fails to make such a disclosure or makes such a disclosure that is false; and (2) upon determination by the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, that the person has failed to make a disclosure required under such provision or made such a disclosure that is false, shall cancel the lease. (c) Waiver.-- (1) In general.--The Secretary of the Interior may waive the requirement of subsection (a) or (b) (or both) on a case- by-case basis if the Secretary determines and certifies in writing to the appropriate congressional committees that it is in the national interest of the United States to do so. (2) Reporting requirement.--Not later than 120 days after the date of the enactment of this Act and semi-annually thereafter, the Secretary of the Interior shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1). (d) Reporting Requirement.--The Secretary of the Interior shall promptly report to the appropriate congressional committees any cancellation of a lease under this section, including an explanation of the reasons for the cancellation. (e) Definitions.--In this section-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Natural Resources and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate; and (2) the term ``person'' has the meaning given such term in section 14(14) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note). SEC. 3. SUNSET. This Act shall terminate 30 days after the date on which the President certifies to Congress that the Government of Iran-- (1) has permanently ceased-- (A) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; and (B) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and missiles; and (2) poses no significant threat to United States national security, interests, or allies.

Gulf Security and Iran Sanctions Enforcement Act - Requires the Secretary of the Interior to include in each lease issued after enactment of this Act that authorizes oil and gas drilling on the Outer Continental Shelf a provision that requires: (1) the lessee to certify annually to the Secretary that it does not engage in any activity for which sanctions may be imposed under the Iran Sanctions Act of 1996; and (2) the Secretary to cancel the lease if the lessee fails to make such a certification or makes a false one. Requires such a lease also to require the lessee to disclose to the Secretary any participation in any energy-related joint venture, investment, or partnership located outside Iran that involves: (1) any person whose property and property interests are blocked pursuant to Executive Orders 13224 (for transacting business with persons who commit, threaten to commit, or support terrorism) or 13382 (because they are weapons of mass destruction proliferators or their supporters); or (2) any entity on a specified list relating to Iranian Transactions Regulations. Requires cancellation of any lease whose lessee has failed to make such a disclosure or makes a false disclosure. Allows a national interest waiver of these requirements.

A bill to restrict participation in offshore oil and gas leasing by a person who engages in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996, to require the lessee under an offshore oil and gas lease to disclose any participation by the lessee in certain energy-related joint ventures, investments, or partnerships located outside Iran, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Know Before You Owe Private Education Loan Act of 2016''. SEC. 2. AMENDMENTS TO THE TRUTH IN LENDING ACT. (a) In General.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) Institutional certification required.-- ``(A) In general.--Except as provided in subparagraph (B), before a creditor may issue any funds with respect to an extension of credit described in this subsection, the creditor shall obtain from the relevant institution of higher education where such loan is to be used for a student, such institution's certification of-- ``(i) the enrollment status of the student; ``(ii) the student's cost of attendance at the institution as determined by the institution under part F of title IV of the Higher Education Act of 1965; and ``(iii) the difference between-- ``(I) such cost of attendance; and ``(II) the student's estimated financial assistance, including such assistance received under title IV of the Higher Education Act of 1965 and other financial assistance known to the institution, as applicable. ``(B) Exception.--Notwithstanding subparagraph (A), a creditor may issue funds with respect to an extension of credit described in this subsection without obtaining from the relevant institution of higher education such institution's certification if such institution fails to provide within 15 business days of the creditor's request for such certification-- ``(i) the requested certification; or ``(ii) notification that the institution has received the request for certification and will need additional time to comply with the certification request. ``(C) Loans disbursed without certification.--If a creditor issues funds without obtaining a certification, as described in subparagraph (B), such creditor shall report the issuance of such funds in a manner determined by the Director of the Bureau of Consumer Financial Protection.''; (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (3) by inserting after paragraph (8) the following: ``(9) Provision of information.-- ``(A) Provision of information to students.-- ``(i) Loan statement.--A creditor that issues any funds with respect to an extension of credit described in this subsection shall send loan statements, where such loan is to be used for a student, to borrowers of such funds not less than once every 3 months during the time that such student is enrolled at an institution of higher education. ``(ii) Contents of loan statement.--Each statement described in clause (i) shall-- ``(I) report the borrower's total remaining debt to the creditor, including accrued but unpaid interest and capitalized interest; ``(II) report any debt increases since the last statement; and ``(III) list the current interest rate for each loan. ``(B) Notification of loans disbursed without certification.--On or before the date a creditor issues any funds with respect to an extension of credit described in this subsection, the creditor shall notify the relevant institution of higher education, in writing, of the amount of the extension of credit and the student on whose behalf credit is extended. The form of such written notification shall be subject to the regulations of the Bureau. ``(C) Annual report.--A creditor that issues funds with respect to an extension of credit described in this subsection shall prepare and submit an annual report to the Bureau containing the required information about private student loans to be determined by the Bureau, in consultation with the Secretary of Education.''. (b) Definition of Private Education Loan.--Section 140(a)(7)(A) of the Truth in Lending Act (15 U.S.C. 1650(a)(7)(A)) is amended-- (1) by redesignating clause (ii) as clause (iii); (2) in clause (i), by striking ``and'' after the semicolon; and (3) by adding after clause (i) the following: ``(ii) is not made, insured, or guaranteed under title VII or title VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.); and''. (c) Regulations.--Not later than 365 days after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations in final form to implement paragraphs (3) and (9) of section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)), as amended by subsection (a). Such regulations shall become effective not later than 6 months after their date of issuance. SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965. (a) Amendment to the Higher Education Act of 1965.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by striking paragraph (28) and inserting the following: ``(28)(A) The institution shall-- ``(i) upon the request of a private educational lender, acting in connection with an application initiated by a borrower for a private education loan in accordance with section 128(e)(3) of the Truth in Lending Act, provide certification to such private educational lender-- ``(I) that the student who initiated the application for the private education loan, or on whose behalf the application was initiated, is enrolled or is scheduled to enroll at the institution; ``(II) of such student's cost of attendance at the institution as determined under part F of this title; and ``(III) of the difference between-- ``(aa) the cost of attendance at the institution; and ``(bb) the student's estimated financial assistance received under this title and other assistance known to the institution, as applicable; and ``(ii) provide the certification described in clause (i), or notify the creditor that the institution has received the request for certification and will need additional time to comply with the certification request-- ``(I) within 15 business days of receipt of such certification request; and ``(II) only after the institution has completed the activities described in subparagraph (B). ``(B) The institution shall, upon receipt of a certification request described in subparagraph (A)(i), and prior to providing such certification-- ``(i) determine whether the student who initiated the application for the private education loan, or on whose behalf the application was initiated, has applied for and exhausted the Federal financial assistance available to such student under this title and inform the student accordingly; and ``(ii) provide the borrower whose loan application has prompted the certification request by a private education lender, as described in subparagraph (A)(i), with the following information and disclosures: ``(I) The amount of additional Federal student assistance for which the borrower is eligible and the potential advantages of Federal loans under this title, including disclosure of the fixed interest rates, deferments, flexible repayment options, loan forgiveness programs, and additional protections, and the higher student loan limits for dependent students whose parents are not eligible for a Federal Direct PLUS Loan. ``(II) The borrower's ability to select a private educational lender of the borrower's choice. ``(III) The impact of a proposed private education loan on the borrower's potential eligibility for other financial assistance, including Federal financial assistance under this title. ``(IV) The borrower's right to accept or reject a private education loan within the 30- day period following a private educational lender's approval of a borrower's application and about a borrower's 3-day right to cancel period. ``(C) For purposes of this paragraph, the terms `private educational lender' and `private education loan' have the meanings given such terms in section 140 of the Truth in Lending Act (15 U.S.C. 1650).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the effective date of the regulations described in section 2(c). SEC. 4. REPORT. Not later than 24 months after the issuance of regulations under section 2(c), the Director of the Bureau of Consumer Financial Protection and the Secretary of Education shall jointly submit to Congress a report on the compliance of institutions of higher education and private educational lenders with section 128(e)(3) of the Truth in Lending Act (15 U.S.C. 1638(e)), as amended by section 2, and section 487(a)(28) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as amended by section 3. Such report shall include information about the degree to which specific institutions utilize certifications in effectively encouraging the exhaustion of Federal student loan eligibility and lowering student private education loan debt.

Know Before You Owe Private Student Loan Act of 2016 This bill amends the Truth in Lending Act to revise requirements for disclosures in private education loan applications. Before issuing a private education loan for a student attending an institution of higher education (IHE), lenders must obtain the IHE's certification of the student's enrollment status, the student's cost of attendance, and the difference between that cost and the student's estimated financial assistance. Lenders must: (1) send loan statements to borrowers at least once every three months a student is enrolled at an IHE, (2) notify the relevant IHE of the loan amount and the student to whom it applies no later than the date funds are issued, and (3) submit an annual report to the Consumer Financial Protection Bureau (CFPB) containing information the CFPB requires concerning private student loans. This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 by requiring IHEs, before providing lenders with certifications, to determine whether students have exhausted their options for title IV assistance and notify borrowers of: (1) the availability of federal financial aid assistance, (2) their ability to choose their own private educational lender, (3) the impact of the proposed private education loan on their eligibility for other financial assistance, and (4) their right to accept or reject a private education loan within 30 days of the lender's approval of their application and to cancel the loan within 3 business days of its consummation.

Know Before You Owe Private Education Loan Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi Benefits Termination Act of 2001''. SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS. (a) In General.--Notwithstanding any other provision of law, an individual who is determined under this Act to have been a participant in Nazi persecution is not eligible for any Federal public benefit. (b) Definitions.--In this Act: (1) Federal public benefit.--The term ``Federal public benefit'' has the meaning given such term by section 401(c)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)(1)), but shall not include any benefit described in section 401(b)(1) of such Act (8 U.S.C. 1611(b)(1)) (and, for purposes of applying such section 401(b)(1), the term ``alien'' shall be considered to mean any individual). (2) Participant in nazi persecution.--The term ``participant in Nazi persecution'' means an individual who-- (A) if an alien (as such term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), has committed one or more of the acts described in section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)); or (B) if a citizen of the United States-- (i) has procured citizenship illegally or by concealment of a material fact or willful misrepresentation; and (ii) has committed one or more of the acts described in section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)). (3) Respondent.--The term ``respondent'' means an individual whom the Attorney General is providing an opportunity for a hearing on the record under section 3(a). SEC. 3. DETERMINATIONS. (a) Hearing by Immigration Judge.--If the Attorney General has reason to believe that an individual who has applied for or is receiving a Federal public benefit may have been a participant in Nazi persecution, the Attorney General may provide an opportunity for a hearing on the record with respect to the matter. The Attorney General may delegate the conduct of the hearing to an immigration judge (as defined in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))). (b) Procedures.-- (1) Right of respondents to appear.-- (A) Citizens, permanent resident aliens, and persons present in the united states.--At a hearing under this section, each respondent may appear in person if the respondent is a United States citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated. (B) Others.--A respondent who is not a citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated may appear by video conference. (C) Rule of interpretation.--This Act shall not be construed to permit the return to the United States of an individual who is inadmissible under section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)). (2) Other rights of respondents.--At a hearing under this section, each respondent may be represented by counsel at no expense to the Federal Government, present evidence, cross- examine witnesses, and obtain the issuance of subpoenas for the attendance of witnesses and presentation of evidence. (3) Rules of evidence.--Unless otherwise provided in this Act, rules regarding the presentation of evidence at the hearing shall apply in the same manner in which such rules would apply at a removal proceeding before an immigration judge under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). (c) Findings, Conclusions, and Order.-- (1) Findings and conclusions.--Not later than 60 days after the date of the end of a hearing conducted under this section, the immigration judge shall make findings of fact and conclusions of law with respect to whether the respondent has been a participant in Nazi persecution. (2) Order.-- (A) Finding that respondent has been a participant in nazi persecution.--If the immigration judge finds, by a preponderance of the evidence, that the respondent has been a participant in Nazi persecution, the immigration judge shall promptly issue an order declaring the respondent to be ineligible for any Federal public benefit, and prohibiting any person from providing such a benefit, directly or indirectly, to the respondent, and shall transmit a copy of the order to any governmental entity or person known to be so providing such a benefit. (B) Finding that respondent has not been a participant in nazi persecution.--If the immigration judge finds that there is insufficient evidence for a finding under subparagraph (A) that a respondent has been a participant in Nazi persecution, the immigration judge shall issue an order dismissing the proceeding. (C) Effective date; limitation of liability.-- (i) Effective date.--An order issued pursuant to subparagraph (A) or (B) shall be effective on the date of issuance. (ii) Limitation of liability.-- Notwithstanding clause (i), a person or entity shall not be found to have provided a benefit to an individual in violation of this Act until the person or entity has received actual notice of the issuance of an order under subparagraph (A) with respect to the individual and has had a reasonable opportunity to comply with the order. (d) Review by Attorney General; Service of Final Order.-- (1) Review by attorney general.--The Attorney General may, in his discretion, review any finding or conclusion made, or order issued, under subsection (c), and shall complete the review not later than 30 days after the date that the finding or conclusion is so made, or order is so issued. Otherwise, the finding, conclusion, or order shall be final. (2) Service of final order.--The Attorney General shall cause the findings of fact and conclusions of law made with respect to any final order issued under this section, together with a copy of the order, to be served on the respondent involved. (e) Judicial Review.--Any party aggrieved by a final order issued under this section may obtain a review of the order by the United States Court of Appeals for the Federal Circuit, by filing a petition for such review not later than 30 days after the date that the final order is issued. SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT OVER APPEALS UNDER THIS ACT. Section 1295(a) of title 28, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (13); (2) by striking the period at the end of paragraph (14) and inserting ``; and''; and (3) by adding at the end the following: ``(15) of an appeal from a final order issued under the Nazi Benefits Termination Act of 2001.''.

Nazi Benefits Termination Act of 2001 - Denies Federal public benefits to individuals who have been participants in Nazi persecution. Authorizes the Attorney General, if an individual who has applied for or is receiving a Federal public benefit may have been such a participant, to provide an opportunity for a hearing on the record with respect to the matter.Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be providing such a benefit.Authorizes the Attorney General to review any finding or conclusion made or order issued and to complete such review within 30 days (otherwise such finding, conclusion, or order shall be final).Provides for the appeal of findings or orders by an aggrieved party to the U.S. Court of Appeals for the Federal Circuit.

To deny Federal public benefits to individuals who were participants in Nazi persecution.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Preservation and Revitalization Act of 2009''. SEC. 2. AFFORDABLE HOUSING PRESERVATION AND REVITALIZATION PROGRAM. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following: ``(ff) Affordable Housing Preservation and Revitalization Program.-- ``(1) In general.--The Secretary of Housing and Urban Development shall ensure that funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to a preservation entity. ``(2) Purpose.--The purpose of this subsection is to facilitate the transfer of multifamily housing projects with expiring housing assistance payments contracts to preservation entities that are committed to maintaining the affordability and preservation of such projects by allowing expanded access to existing residual receipts to assist with the acquisition and rehabilitation of the project. ``(3) Use of funds.--A preservation entity that acquires an eligible multifamily housing property through a qualified sale shall, subject to the approval of the housing agency, use the funds in the residual receipts account transferred to it, or for its benefit-- ``(A) to pay for rehabilitation costs approved by the housing agency; ``(B) to deposit funds into the replacement reserve account of the property; ``(C) to pay for social and other services that directly benefit the tenants of such property, but in any 1 year such payments may not exceed 10 percent of the balance of the residual receipts account of the property at the end of the prior fiscal year; ``(D) to pay for costs associated with the acquisition of the property, but such payments may not exceed 50 percent of the amount in the residual receipts account of the property at the time of acquisition; and ``(E) to pay for any other costs that have been approved by the housing agency and will directly benefit the tenants of the property. ``(4) Definitions.--In this subsection, the following definitions shall apply: ``(A) Affordability and use restrictions.--The term `affordability and use restrictions' means the affordability and use restrictions in connection with project-based housing assistance payments made under this section. ``(B) Extended use period.--The term `extended use period' means the later of-- ``(i) 30 years after the close of the sale of an eligible multifamily housing property to a preservation entity, or ``(ii) upon the expiration of the remaining useful life of the eligible multifamily property taking into account any rehabilitation undertaken in connection with the acquisition of said property by the preservation entity, as such remaining useful life is determined by the housing agency, provided that, such extended use period shall terminate in the event that the Secretary of Housing and Urban Development is unable to provide Section 8 assistance on terms at least as advantageous to the preservation entity as exist at the time of the acquisition of such eligible multifamily housing property. ``(C) Eligible multifamily housing property.--The term `eligible multifamily housing property' means a project that-- ``(i) is receiving project-based housing assistance payments under this section; and ``(ii) was financed pursuant to part 883 of title 24, Code of Federal Regulations, on or after February 29, 1980. ``(D) Housing agency.--The term `housing agency' means, with respect to any eligible multifamily housing property, the housing agency which administers housing assistance with respect to such property. ``(E) Preservation entity.--The term `preservation entity' means an entity-- ``(i) that is-- ``(I) a nonprofit corporation under State law that is exempt from Federal income taxation pursuant to paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986; or ``(II) a limited partnership or limited liability company where the sole general partner or sole managing member of such ownership entity is a nonprofit corporation under State law which is exempt from Federal income taxation pursuant to paragraphs (3) or (4) of section 501(c) of the Internal Revenue Code of 1986; and ``(ii) approved by the housing agency that has the capacity to acquire and preserve an eligible multifamily housing property. ``(F) Qualified sale.-- ``(i) In general.--The term `qualified sale' means the sale of an eligible multifamily housing property to a preservation entity which agrees to maintain affordability and use restrictions regarding the property that are-- ``(I) for a term of not less than the extended use period; and ``(II) legally enforceable. ``(ii) Future applicability of restrictions.--The restrictions under subparagraph (A) shall be-- ``(I) binding on all successors and assigns of the preservation entity; and ``(II) recorded as a restrictive covenant on the property pursuant to State law. ``(G) Residual receipts.--The term `residual receipts' means-- ``(i) funds generated by a property in excess of the amount needed for operating expenses, operating reserve requirements, and allowable distributions to project owners; and ``(ii) includes any other funds that the Secretary, in his or her discretion, designates as residual receipts. ``(5) Residual receipts not treated as federal funds.--For the purposes of section 42 of the Internal Revenue Code of 1986, residual receipts used or transferred under this section shall not be considered Federal funds.''.

Affordable Housing Preservation and Revitalization Act of 2009 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to ensure that funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to preservation entities. Requires that funds in the residual receipts account be used, subject to housing agency approval, to: (1) pay for rehabilitation costs approved by the housing agency; (2) deposit funds into the property's replacement reserve account; and (3) pay for social and other services, associated acquisition costs, and any other costs that have been approved by the housing agency and will directly benefit such tenants. Defines "preservation entity" as: (1) a nonprofit tax-exempt corporation; or (2) a limited partnership or limited liability company where the sole general partner or sole managing member of such ownership entity is a nonprofit tax-exempt corporation; and (3) that has the capacity to acquire and preserve an eligible multifamily housing property. States that, for purposes of the low-income housing credit under the Internal Revenue Code, residual receipts used or transferred under this Act shall not be considered federal funds.

A bill to allow for the use of existing section 8 housing funds so as to preserve and revitalize affordable housing options for low-income individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ebola Emergency Response Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the current outbreak of the Ebola virus disease in West Africa poses severe health, economic, and security threats to the countries affected by the outbreak of the Ebola virus disease, the United States, and the broader international community; and (2) the whole-of-government response taken by the United States provides unique capabilities that are critical to effectively helping contain the Ebola virus disease in West Africa, yet the United States alone will not succeed in containing the Ebola virus disease. SEC. 3. STATEMENTS OF POLICY. It shall be the policy of the United States to-- (1) support a robust international response to the Ebola virus disease in West Africa by undertaking a range of activities to immediately help detect, contain, treat, and deter the further spread of the disease; (2) support the efforts of governments of affected countries and of local, regional, and international nongovernmental organizations and civil society organizations working on the front lines of the response to the Ebola virus disease; and (3) work with appropriate security sector personnel engaged in the response to the Ebola virus disease in Guinea, Liberia, and Sierra Leone, as well as with civil society, regional organizations, and the United Nations to enhance border security and create a secure operating environment for health workers and other responders and the communities they are serving, including by repurposing, as necessary and appropriate, existing United States security assistance provided to the affected countries to address immediate border security and law enforcement needs. SEC. 4. INTERNATIONAL EFFORTS TO CONTROL THE OUTBREAK OF THE EBOLA VIRUS DISEASE. In carrying out the policy under section 3, the President shall-- (1) seek to coordinate with the governments of countries of Africa affected by or at risk of being affected by the outbreak of the Ebola virus disease, other donors, the private sector, regional and international financial institutions, local, regional, and international organizations, civil society, and local, regional, and nongovernmental organizations, particularly organizations that possess experience in emergency relief and infection control, to devise and implement a coherent, comprehensive strategy to control the Ebola virus disease and assist affected populations, utilizing all necessary and appropriate assets and capabilities of the United States Government; and (2) direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to-- (A) ensure that the United Nations Mission in Liberia is fully protecting individuals under its care from exploitation and abuse, including by soldiers serving under its command, and, within its capabilities and in the context of its mandate to help solidify peace and stability while protecting civilians in Liberia, plays an active role in the emergency response, including by providing logistics and engineering support, as well as securing border crossings, state institutions, and treatment facilities, as necessary and appropriate; and (B) ensure that the United Nations Mission for the Ebola Emergency Response (UNMEER) plays an effective role in aligning donors around a single strategic operating plan to detect, contain, treat, and deter the further spread of Ebola, and that the associated costs for its work are offset by decreases elsewhere in the general budget of the United Nations. SEC. 5. ASSISTANCE TO COUNTRIES AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE. (a) Authorization.--Notwithstanding any other provision of law, and consistent with the authorities of section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292), the President is authorized to provide assistance on an emergency basis to countries directly affected by or at imminent risk of being affected by the outbreak of the Ebola virus disease to effectively address such outbreak, by supporting the activities described in subsection (b). (b) Activities Supported.--Activities supported by assistance under subsection (a) are the following: (1) The construction, staffing, and equipping of patient isolation and treatment facilities in sufficient numbers to treat infected persons at the most appropriate locations. (2) The construction and equipping of laboratories in sufficient numbers to ensure accurate testing for the Ebola virus disease and other infectious diseases, as necessary and appropriate, in as rapid a time frame as possible. (3) The provision of vital medical supplies and equipment necessary to contain the outbreak. (4) The recruitment and training of local and international staff on effective disease identification, isolation, contact tracing, and care with respect to the Ebola virus disease, especially the proper use of universal precautions, personal protective equipment, and other infection control measures, to minimize transmission. (5) The recruitment, training, and equipping of safe burial teams, as necessary, to reduce transmission of the Ebola virus disease. (6) The provision of medical evacuations, on a reimbursable basis, for medical and other personnel engaged in the response to the Ebola virus disease who become infected with the disease, as necessary and appropriate. (7) The development of an effective public information campaign to help limit the transmission of the Ebola virus disease, utilizing all appropriate means of communication, including digital, print, broadcast communication, and communications through local health care workers, media, schools, civil society organizations, and faith-based and traditional leaders. (8) The development and deployment of Ebola diagnostics and surveillance tools, as well as vaccines and treatments as they become available and to the extent possible that such vaccines and treatments adhere to strictly enforced informed consent protocols. (9) The provision of emergency food assistance, water and sanitation, shelter, and support for orphans and vulnerable children in communities affected by the Ebola virus disease. (10) The provision of technical assistance to strengthen border control, including enhanced health screening at exit and entry points in the region, to be complemented by appropriate health screening at United States ports of entry. (11) Activities related to sustainable post-outbreak economic recovery and ensuring the stability of countries affected by the Ebola virus disease. (c) Allocation and Reimbursement Among Agencies.-- (1) In general.--In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to utilize the services and facilities of, or procure commodities from, any agency of the United States Government on a non- reimbursable basis, subject to the written consent of the head of such other agency, and notwithstanding any provision of law relating to limitations on the use of authorities or funding of such other agency. (2) Congressional notification.--The Administrator shall notify the appropriate committees not later than 15 days after the date on which the authority under paragraph (1) is utilized. Such notification shall include the name of the other agency, the value of such services or facilities utilized, or commodities procured, the affected appropriations accounts, and a justification for the utilization of the authority under paragraph (1). SEC. 6. SENSE OF CONGRESS ON INTERNATIONAL SUPPORT TO AVOID ECONOMIC COLLAPSE AND ASSIST WITH POST-CRISIS COUNTRIES DIRECTLY AFFECTED BY THE OUTBREAK OF THE EBOLA VIRUS DISEASE. It is the sense of Congress that the President should work with other donors, including international financial institutions, to encourage such other donors to help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing appropriate access to emergency grants and financing tools, as necessary and appropriate, to address fiscal issues that are the direct result of the Ebola virus disease crisis, and to assist with post-crisis economic recovery. SEC. 7. REPORT. (a) In General.--Not later than 6 months after the date on which the President determines that the Ebola epidemic in West Africa has been effectively contained, the President shall submit to the appropriate congressional committees a report that assesses the United States coordination and response to the Ebola epidemic, including how the authorities provided pursuant to this Act were utilized and lessons learned that may have applications in response to future epidemics. (b) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Committee on Appropriations of the Senate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the President to carry out section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) $1,801,000,000 for fiscal year 2015.

Ebola Emergency Response Act - Expresses the sense of Congress that: the Ebola virus outbreak in West Africa poses severe health, economic, and security threats to the affected countries, the United States, and the broader international community; and the whole-of-government response taken by the United States provides capabilities critical to helping contain Ebola in West Africa; yet the United States alone will not succeed in containing it. Directs the President to: coordinate with the governments of affected African countries, the private sector, regional and international financial institutions and international organizations, civil society, and nongovernmental organizations to implement a comprehensive Ebola control strategy and assist affected populations; and use U.S. influence at the United Nations (U.N.) to ensure that the U.N. Mission in Liberia is protecting individuals under its care and playing an active emergency response role, and ensuring that the U.N. Mission for the Ebola Emergency Response (UNMEER) is playing an effective role in aligning donors around a plan to detect, contain, treat, and deter Ebola's further spread. Authorizes the President to provide specified emergency assistance to countries directly affected by or at imminent risk of being affected by the Ebola outbreak. Expresses the sense of Congress that the President should work with other donors, including international financial institutions, to encourage them to: (1) help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing access to emergency grants and financing tools to address fiscal issues that are the direct result of the Ebola crisis; and (2) assist with post-crisis economic recovery.

Ebola Emergency Response Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Venezuelan Refugee Assistance Act''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before January 1, 2019; (B) is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (C) is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or (6) of section 237(a) of such Act (8 U.S.C. 1227(a)); (D) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (E) has not been convicted of-- (i) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or (ii) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Secretary of Homeland Security shall cancel the order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Venezuela-- (1) who was physically present in the United States on January 1, 2013; and (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for adjustment of status under this Act is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security shall not order any alien to be removed from the United States, if the alien is in removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Secretary of Homeland Security has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of an alien shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year; (B) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (C) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); or (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security as to whether the status of any alien should be adjusted under this Act is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this Act, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Venezuelan Refugee Assistance Act This bill provides for the status adjustment to permanent resident of a qualifying Venezuelan national who: (1) was physically present in the United States on January 1, 2013, (2) has been physically present in the United States for at least one year and is physically present in the United States on the date the status adjustment application is filed, (3) has not been convicted of specified crimes and was never involved in the persecution of others, and (4) applies for adjustment before January 1, 2019. Derivative adjustment of status is provided for the spouse, child, or certain unmarried sons or daughters of such alien.

Venezuelan Refugee Assistance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cosmetology Tax Fairness and Compliance Act of 2003''. SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID WITH RESPECT TO EMPLOYEE TIPS. (a) Expansion of Credit to Other Lines of Business.--Paragraph (2) of section 45B(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Application only to certain lines of business.--In applying paragraph (1), there shall be taken into account only tips received from customers or clients in connection with-- ``(A) the providing, delivering, or serving of food or beverages for consumption if the tipping of employees delivering or serving food or beverages by customers is customary, or ``(B) the providing of any cosmetology service for customers or clients at a facility licensed to provide such service if the tipping of employees providing such service is customary.'' (b) Definition of Cosmetology Service.--Section 45B of such Code is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Cosmetology Service.--For purposes of this section, the term `cosmetology service' means-- ``(1) hairdressing, ``(2) haircutting, ``(3) manicures and pedicures, ``(4) body waxing, facials, mud packs, wraps, and other similar skin treatments, and ``(5) any other beauty related service provided at a facility at which a majority of the services provided (as determined on the basis of gross revenue) are described in paragraphs (1) through (4).'' (c) Effective Date.--The amendments made by this section shall apply to tips received for services performed after December 31, 2003. SEC. 3. INFORMATION REPORTING AND TAXPAYER EDUCATION FOR PROVIDERS OF COSMETOLOGY SERVICES. (a) In General.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6050T the following new section: ``SEC. 6050U. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION TO BE PROVIDED TO COSMETOLOGISTS. ``(a) In General.--Every person (referred to in this section as a `reporting person') who-- ``(1) employs 1 or more cosmetologists to provide any cosmetology service, ``(2) rents a chair to 1 or more cosmetologists to provide any cosmetology service on at least 5 calendar days during a calendar year, or ``(3) in connection with its trade or business or rental activity, otherwise receives compensation from, or pays compensation to, 1 or more cosmetologists for the right to provide cosmetology services to, or for cosmetology services provided to, third-party patrons, shall comply with the return requirements of subsection (b) and the taxpayer education requirements of subsection (c). ``(b) Return Requirements.--The return requirements of this subsection are met by a reporting person if the requirements of each of the following paragraphs applicable to such person are met. ``(1) Employees.--In the case of a reporting person who employs 1 or more cosmetologists to provide cosmetology services, the requirements of this paragraph are met if such person meets the requirements of sections 6051 (relating to receipts for employees) and 6053(b) (relating to tip reporting) with respect to each such employee. ``(2) Independent contractors.--In the case of a reporting person who pays compensation to 1 or more cosmetologists (other than as employees) for cosmetology services provided to third-party patrons, the requirements of this paragraph are met if such person meets the applicable requirements of section 6041 (relating to returns filed by persons making payments of $600 or more in the course of a trade or business), section 6041A (relating to returns to be filed by service-recipients who pay more than $600 in a calendar year for services from a service provider), and each other provision of this subpart that may be applicable to such compensation. ``(3) Chair renters.-- ``(A) In general.--In the case of a reporting person who receives rent or other fees or compensation from 1 or more cosmetologists for use of a chair or for rights to provide any cosmetology service at a salon or other similar facility for more than 5 days in a calendar year, the requirements of this paragraph are met if such person-- ``(i) makes a return, according to the forms or regulations prescribed by the Secretary, setting forth the name, address, and TIN of each such cosmetologist and the amount received from each such cosmetologist, and ``(ii) furnishes to each cosmetologist whose name is required to be set forth on such return a written statement showing-- ``(I) the name, address, and phone number of the information contact of the reporting person, ``(II) the amount received from such cosmetologist, and ``(III) a statement informing such cosmetologist that (as required by this section), the reporting person has advised the Internal Revenue Service that the cosmetologist provided cosmetology services during the calendar year to which the statement relates. ``(B) Method and time for providing statement.--The written statement required by clause (ii) of subparagraph (A) shall be furnished (either in person or by first-class mail which includes adequate notice that the statement or information is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under clause (i) of subparagraph (A) is to be made. ``(c) Taxpayer Education Requirements.--In the case of a reporting person who is required to provide a statement pursuant to subsection (b), the requirements of this subsection are met if such person provides to each such cosmetologist annually a publication, as designated by the Secretary, describing-- ``(1) in the case of an employee, the tax and tip reporting obligations of employees, and ``(2) in the case of a cosmetologist who is not an employee of the reporting person, the tax obligations of independent contractors or proprietorships. The publications shall be furnished either in person or by first-class mail which includes adequate notice that the publication is enclosed. ``(d) Definitions.--For purposes of this section-- ``(1) Cosmetologist.-- ``(A) In general.--The term `cosmetologist' means an individual who provides any cosmetology service. ``(B) Anti-avoidance rule.--The Secretary may by regulation or ruling expand the term `cosmetologist' to include any entity or arrangement if the Secretary determines that entities are being formed to circumvent the reporting requirements of this section. ``(2) Cosmetology service.--The term `cosmetology service' has the meaning given to such term by section 45B(c). ``(3) Chair.--The term `chair' includes a chair, booth, or other furniture or equipment from which an individual provides a cosmetology service (determined without regard to whether the cosmetologist is entitled to use a specific chair, booth, or other similar furniture or equipment or has an exclusive right to use any such chair, booth, or other similar furniture or equipment). ``(e) Exceptions for Certain Employees.--Subsection (c) shall not apply to a reporting person with respect to an employee who is employed in a capacity for which tipping (or sharing tips) is not customary.'' (b) Conforming Amendments.-- (1) Section 6724(d)(1)(B) of such Code (relating to the definition of information returns) is amended by redesignating clauses (xii) through (xviii) as clauses (xiii) through (xix), respectively and by inserting after clause (xi) the following new clause: ``(xii) section 6050U(a) (relating to returns by cosmetology service providers).'' (2) Section 6724(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ``, or'', and by inserting after subparagraph (BB) the following new subparagraph: ``(CC) subsections (b)(3)(A)(ii) and (c) of section 6050U (relating to cosmetology service providers) even if the recipient is not a payee.'' (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding after section 6050T the following new item: ``Sec. 6050U Returns relating to cosmetology services and information to be provided to cosmetologists.'' (c) Effective Date.--The amendments made by this section shall apply to calendar years after 2003.

Cosmetology Tax Fairness and Compliance Act of 2003 - Amends the Internal Revenue Code to extend the tax credit for social security taxes paid for employee cash tips to employers of cosmetologists. Requires employers of cosmetologists to report income and tips of their cosmetologist employees and to provide income and tip information to self-employed cosmetologists to whom they pay more than $600 in the taxable year. Imposes similar reporting requirements upon individuals who rent chairs to cosmetologists. Requires such employers to provide their cosmetologist employees and self-employed cosmetologists with information on the tax and tip reporting obligations of employees and self-employed individuals.

To amend the Internal Revenue Code of 1986 to expand the tip tax credit to employers of cosmetologists and to promote tax compliance in the cosmetology sector.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Insurance Modernization Act''. SEC. 2. SPECIAL TRANSFERS TO STATE ACCOUNTS IN THE UNEMPLOYMENT TRUST FUND. (a) In General.--Section 903 of the Social Security Act (42 U.S.C. 1103) is amended by adding at the end the following: ``Special Transfers in Fiscal Years 2008 Through 2012 ``(f)(1)(A) In addition to any other amounts, the Secretary of Labor shall provide for the making of unemployment compensation modernization incentive payments (in this subsection referred to as `incentive payments') to the accounts of the States in the Unemployment Trust Fund, by transfer from amounts reserved for that purpose in the Federal unemployment account, in accordance with succeeding provisions of this subsection. ``(B) Subject to paragraph (5), the maximum incentive payment allowable under this subsection with respect to any State shall, as determined by the Secretary of Labor, be equal to the amount obtained by multiplying $7,000,000,000 times the same ratio as is applicable under subsection (a)(2)(B) for purposes of determining such State's share of any funds to be transferred under subsection (a) as of October 1, 2007. ``(C) Of the maximum incentive payment determined under subparagraph (B) with respect to a State-- ``(i) one-third shall be transferred upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraph (2); and ``(ii) the remainder shall be transferred upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraph (3). ``(2) The State law of a State meets the requirements of this paragraph if such State law-- ``(A) uses a base period that includes the most recently completed calendar quarter before the start of the benefit year for purposes of determining eligibility for unemployment compensation; or ``(B) provides that, in the case of an individual who would not otherwise be eligible for unemployment compensation under the State law because of the use of a base period that does not include the most recently completed calendar quarter before the start of the benefit year, eligibility shall be determined using a base period that includes such calendar quarter. ``(3) The State law of a State meets the requirements of this paragraph if such law includes provisions to carry out at least 2 of the following subparagraphs: ``(A) An individual shall not be denied compensation under any State law provisions relating to availability for work, active search for work, or refusal to accept work, solely because such individual is seeking only part-time (and not full-time) work, except that such law may provide for the provisions carrying out this subparagraph to require up to, but not to exceed, a majority of weeks of work of such individual's base period to consist of part-time employment. ``(B) An individual shall not be disqualified from compensation for separating from work for compelling family reasons, which, for purposes of this subparagraph, shall include at least the following: ``(i) A separation from employment in which domestic violence causes the individual reasonably to believe that such separation is necessary for the safety of the individual or the individual's family, as verified by such reasonable and confidential documentation that may be required by the State. ``(ii) A separation from employment resulting from the illness or disability of a member of the individual's immediate family. ``(iii) A separation from employment resulting from the individual's need to accompany a spouse-- ``(I) to a place from which it is impractical for such individual to commute; and ``(II) due to a change in location of the spouse's employment. ``(C) Weekly unemployment compensation is payable under this subparagraph to any individual who is unemployed (as determined under the State unemployment compensation law), has exhausted all rights to regular and (if applicable) extended unemployment compensation under the State law, and is enrolled and making satisfactory progress in a State-approved training program or in a job training program authorized under the Workforce Investment Act of 1998. Such program shall prepare individuals who have been separated from a declining occupation, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-demand occupation. In addition, such program may prepare other unemployed individuals deemed eligible by the State. The amount of unemployment compensation payable under this subparagraph to an individual for a week of unemployment shall be equal to the individual's average weekly benefit amount (including dependents' allowances) for the most recent benefit year, and the total amount of unemployment compensation payable under this subparagraph to any individual shall be equal to at least 26 times the individual's average weekly benefit amount (including dependents' allowances) for the most recent benefit year. ``(D) The maximum amount of compensation-- ``(i) payable to the individual during a benefit year is equal to at least 26 times the individual's weekly benefit amount; or ``(ii) the individual receives during a benefit year exceeds half of the individual's total wages during the base period. A State shall not be considered to satisfy clause (i) if it reduced the maximum weekly benefit amount of compensation payable to an individual during a benefit year below the amount that was in effect as of the date of enactment of this subsection. ``(E) Dependents' allowances are provided to all individuals with a dependent (as defined by State law) equal to at least $15 per dependent per week, subject to any aggregate limitation on such allowances which the State law may establish (but which aggregate limitation on the total allowance for dependents paid to an individual may not be less than the lesser of $50 for each week of unemployment or 50 percent of the individual's weekly benefit amount for the benefit year). ``(4)(A) Any State seeking an incentive payment under this subsection shall submit an application therefor at such time and in such manner as the Secretary of Labor shall by regulation prescribe. Such application shall include information on how the State intends to use incentive payments to improve or strengthen the State's unemployment compensation program. The Secretary of Labor shall, within 90 days after receiving any such application, notify the State agency of the State as to the Secretary's findings with respect to the requirements of paragraph (2) or (3) (as the case may be). ``(B) If the Secretary of Labor finds that the State law provisions (disregarding any State law provisions which are not then currently in effect or which are subject to discontinuation under certain conditions) meet the requirements of paragraph (2) or (3) (as the case may be) and that unemployment compensation claimants have begun to qualify for benefits under such requirements, the Secretary of Labor shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the incentive payment to be transferred to the State account pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer within 30 days after receiving such certification. ``(C)(i) No certification of compliance with the requirements of paragraph (2) or (3) may be made with respect to any State whose State law is not otherwise eligible for certification under section 303 or approvable under section 3304 of the Federal Unemployment Tax Act. ``(ii) No certification of compliance with the requirements of paragraph (3) may be made with respect to any State whose State law is not in compliance with the requirements of paragraph (2). ``(iii) No application under subparagraph (A) may be considered if submitted before October 1, 2007, or after the latest date by which it must be submitted (as specified by the Secretary of Labor in regulations) to ensure that all incentive payments under this subsection are made before October 1, 2012. ``(5)(A) If the Secretary of Labor determines, within 30 days after the deadline described in paragraph (4)(C)(iii), that there are amounts reserved for incentive payments under paragraph (7) for which the Secretary of the Treasury has not received a certification under paragraph (4)(B), from such amounts-- ``(i) first, 10 percent of such amounts shall be made available for transfer to the accounts of States under subsection (g); and ``(ii) second, from the remainder of such amounts, incentive payments that are in addition to those made under paragraph (1) shall be made to States described in subparagraph (E). ``(B)(i) The amount of additional incentive payments to a State under subparagraph (A)(ii) shall be an amount equal to the sum of-- ``(I) the amount obtained by multiplying the total amount determined by the Secretary of Labor under subparagraph (A) (after application of clause (i) of such subparagraph) times the same ratio as is applicable under subsection (a)(2)(B) for purposes of determining such State's share of any funds to be transferred under subsection (a) as of October 1, 2007; and ``(II) an amount equal to the total amount determined by the Secretary of Labor under subparagraph (A) (after application of clause (i) of such subparagraph) less the total amount of additional incentive payments under subclause (I) for all States, divided by the total number of States receiving additional incentive payments. ``(ii) In no case may the amount of an additional incentive payment transferred to a State under this paragraph exceed an amount equal to 2 times the total amount of the incentive payment transferred to the State under paragraph (1)(C). ``(C) For each State described in subparagraph (E), the Secretary shall make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the additional incentive payment to be transferred to the State account pursuant this paragraph. The Secretary of the Treasury shall make the appropriate transfer within 30 days after receiving such certification. ``(D) The Secretary of Labor shall certify to the Secretary of the Treasury the amount to be made available for transfer under subparagraph (A)(i). ``(E) For purposes of subparagraph (A), a State is described in this subparagraph if the Secretary of the Treasury received a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraphs (2) and (3). ``(6)(A) Except as provided in subparagraph (B), amounts transferred to a State account pursuant to paragraphs (4)(B) and (5)(C) may be used only in the payment of cash benefits to individuals with respect to their unemployment. ``(B) A State may, subject to the same conditions as set forth in subsection (c)(2) (excluding subparagraph (B) thereof, and deeming the reference to `subsections (a) and (b)' in subparagraph (D) thereof to include this subsection), use any amount transferred to the account of such State under paragraphs (4)(B) and (5)(C) for the administration of its unemployment compensation law and public employment offices. ``(7) Out of any money in the Federal unemployment account not otherwise appropriated, the Secretary of the Treasury shall reserve $7,000,000,000 to carry out this subsection. For purposes of section 902, the net balance in the Federal unemployment account as of any time is the amount in such account as of such time reduced by an amount equal to the total amount so reserved less the total of the incentive payments transferred under this subsection (and the total amount transferred under paragraph (5)(A)(i)) as of such time. ``Special Transfers in Fiscal Years 2008 Through 2012 ``(g)(1) Notwithstanding any other provision of this section, the total amount available for transfer to the accounts of the States pursuant to subsection (a) as of the beginning of each of fiscal years 2008, 2009, 2010, 2011, and 2012 shall be equal to the total amount which (disregarding this subsection) would otherwise be so available, increased by $100,000,000 (or, in the case of fiscal year 2012, $100,000,000 plus the amount made available for transfer under subsection (f)(5)(A)(i)). ``(2) Each State's share of any additional amount made available by this subsection shall be determined, certified, and computed in the same manner as described in subsection (a)(2) and shall be subject to the same limitations on transfers as described in subsection (b). For purposes of applying subsection (b)(2), the balance of any advances made to a State under section 1201 shall be credited against, and operate to reduce (but not below zero)-- ``(A) first, any additional amount which, as a result of the enactment of this subsection, is to be transferred to the account of such State in a fiscal year; and ``(B) second, any amount which (disregarding this subsection) is otherwise to be transferred to the account of such State pursuant to subsections (a) and (b) in such fiscal year. ``(3) Any additional amount transferred to the account of a State as a result of the enactment of this subsection-- ``(A) may be used by the State agency of such State only in the payment of expenses incurred by it for-- ``(i) the administration of the provisions of its State law carrying out the purposes of subsection (f)(2) or any subparagraph of subsection (f)(3); ``(ii) improved outreach to individuals who might be eligible for compensation by virtue of any provisions of the State law which are described in clause (i); ``(iii) the improvement of unemployment benefit and unemployment tax operations; and ``(iv) staff-assisted reemployment services for unemployment insurance claimants; and ``(B) shall be excluded from the application of subsection (c). ``(4) The total additional amount made available by this subsection in a fiscal year shall be taken out of the amounts remaining in the employment security administration account after subtracting the total amount which (disregarding this subsection) is otherwise required to be transferred from such account in such fiscal year pursuant to subsections (a) and (b).''. (b) Regulations.--The Secretary of Labor may prescribe any regulations necessary to carry out the amendment made by subsection (a). SEC. 3. EXTENSION OF FUTA TAX. Section 3301 of the Internal Revenue Code of 1986 (relating to rate of tax) is amended-- (1) by striking ``2007'' in paragraph (1) and inserting ``2012'', and (2) by striking ``2008'' in paragraph (2) and inserting ``2013''.

Unemployment Insurance Modernization Act - Amends the Social Security Act to require the Secretary of Labor to make unemployment compensation modernization incentive payments in FY2008-FY2012 by certain transfers from the federal unemployment account to the accounts of the states in the Unemployment Trust Fund. Prescribes a formula for determining the maximum allowable incentive payments. Specifies requirements state law must meet for the state to qualify for such a payment. Limits the use of transferred amounts to the payment of cash unemployment benefits to individuals. Requires the Secretary of the Treasury to reserve specified funds out of the federal unemployment account for such incentive payments. Amends the Internal Revenue Code to extend through FY2013 the Federal Unemployment Tax Act (FUTA) excise tax imposed on every employer.

A bill to provide for special transfers of funds to States to promote certain improvements in State unemployment compensation laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act'' or the ``AIRWAVES Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States should strive to-- (1) advance innovation with respect to, and investment in, wireless broadband Internet access; (2) promote the benefits of connecting all individuals in the United States to quality wireless broadband Internet access, including those individuals in rural communities; and (3) support comprehensive, technology-neutral spectrum policy that includes licensed, unlicensed, and shared use of spectrum bands. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) any other congressional committee with jurisdiction over a matter; (2) the term ``Commission'' means the Federal Communications Commission; (3) the term ``eligible Federal entity'' means an entity described in section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)); (4) the term ``eligible frequency'' means a frequency with respect to which the costs incurred by an eligible Federal entity in relocating from the frequency may be reimbursed from the Spectrum Relocation Fund; (5) the term ``Federal entity'' has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)); (6) the term ``NTIA'' means the National Telecommunications and Information Administration; (7) the term ``Spectrum Frontiers proceeding'' means the Report and Order and Further Notice of Proposed Rulemaking in the matter of Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, adopted by the Commission on July 14, 2016 (FCC 16-89); (8) the term ``Spectrum Relocation Fund'' means the fund established under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928); and (9) the term ``system of competitive bidding'' means a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). SEC. 4. SPECTRUM FRONTIERS PROCEEDING. Not later than 1 year after the date of enactment of this Act, the Commission shall complete the rule making to which the Spectrum Frontiers proceeding relates. SEC. 5. EXPANDING ACCESS TO COMMERCIAL SPECTRUM. (a) FCC Responsibilities.-- (1) In general.--The Commission, in consultation with the NTIA, shall-- (A) not later than December 31, 2018, complete a system of competitive bidding to grant priority access licenses for the use of 70 megahertz of spectrum in the frequencies between 3550 megahertz and 3650 megahertz; (B) not later than December 31, 2018, complete a system of competitive bidding for the use of spectrum in frequencies between-- (i) 24250 megahertz and 24450 megahertz; (ii) 24750 megahertz and 25250 megahertz; (iii) 27500 megahertz and 28350 megahertz, consistent with the spectrum sharing framework adopted for that frequency band as part of the Spectrum Frontiers proceeding; (iv) 37600 megahertz and 38600 megahertz; (v) 38600 megahertz and 40000 megahertz; and (vi) 47200 megahertz and 48200 megahertz; and (C) not later than December 31, 2020, complete a system of competitive bidding for the use of spectrum in frequencies between-- (i) 31800 megahertz and 33400 megahertz; (ii) 42000 megahertz and 42500 megahertz; and (iii) 50400 megahertz and 52600 megahertz. (2) Requirements relating to 3550-3700 mhz band.-- Consistent with the Commission's rules governing the Citizens Broadband Radio Service and the Report and Order and Second Further Notice of Proposed Rulemaking in the matter of Amendment of the Commission's Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, adopted by the Commission on April 17, 2015 (FCC 15-47)-- (A) 30 megahertz of spectrum in the frequencies between 3550 megahertz and 3650 megahertz shall be reserved for general authorized access use; and (B) the frequencies between 3650 megahertz and 3700 megahertz shall be reserved for grandfathered wireless broadband licensees and general authorized access users. (b) Identifying Frequencies Between 7125 Megahertz and 8400 Megahertz To Be Utilized for Unlicensed Purposes.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the NTIA, in consultation with the Commission, shall identify any frequency between 7125 megahertz and 8400 megahertz with respect to which there is the potential for unlicensed use without causing harmful interference with incumbents. (2) Rule making.--If the NTIA, in consultation with the Commission, makes an identification described in paragraph (1), the Commission shall consider initiating a rule making with respect to the unlicensed use described in that paragraph. (c) Report on Reallocation of Certain Incumbent Federal Stations.-- (1) In general.--Not later than December 31, 2020, the NTIA, in consultation with the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress a report relating to the relocation of incumbent Federal stations authorized to use spectrum in the frequencies between 1300 megahertz and 1350 megahertz and between 1780 megahertz and 1830 megahertz in order to facilitate the reallocation of such spectrum from Federal to non-Federal use. (2) Timing.--The relocation described in paragraph (1) with respect to the frequencies between 1780 megahertz and 1830 megahertz shall take place not earlier than 2023. (d) Amendments to the Spectrum Pipeline Act of 2015.--Section 1004 of the Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note) is amended-- (1) in subsection (a), by striking ``30 megahertz'' and inserting ``100 megahertz''; and (2) in subsection (c)(1)(B), by striking ``July 1, 2024'' and inserting ``July 1, 2023''. SEC. 6. MODERNIZING MID-BAND SPECTRUM. (a) In General.-- (1) Spectrum identification.--Not later than December 31, 2019, the Commission, in consultation with the NTIA, shall identify up to 500 megahertz of additional spectrum in the frequencies between 3700 megahertz and 4200 megahertz to make available for commercial licensed use. (2) Spectrum auction.--Not later than December 31, 2022, the Commission shall complete a system of competitive bidding for the use of spectrum identified under paragraph (1). (b) Rule Making on the Unlicensed Use of the Frequency Band Between 5925 Megahertz and 7125 Megahertz.--Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the NTIA, shall issue a notice of proposed rule making with respect to creating opportunities for the unlicensed use of spectrum in the frequencies between 5925 and 7125 megahertz without causing harmful interference with any incumbents in that band. SEC. 7. RURAL SET-ASIDE. (a) In General.--Notwithstanding section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Commission shall allocate 10 percent of the proceeds from each system of competitive bidding conducted under this Act for the deployment of wireless infrastructure in areas that the Commission has determined are underserved or unserved with respect to wireless broadband Internet access service. (b) Limitations.--No amounts allocated under subsection (a) may be combined with amounts that are used to fund any other program that is in existence on the date on which the allocation is made, including any program established under section 254 of the Communications Act of 1934 (47 U.S.C. 254). SEC. 8. SPECIAL RULES. With respect to any frequency band described in this Act (in this section referred to as the ``covered band''), if the relocation of an incumbent from the covered band to another equivalent frequency band is not possible, and if the Commission determines that no mitigation technology, alternative sharing approach, or incentives-based approach would reliably prevent harmful interference to incumbents in the covered band, the Commission-- (1) shall provide notification of that determination to the appropriate committees of Congress and the NTIA; and (2) may not proceed with any action, including relocating incumbents from the covered band or permitting new entrants into the covered band, that may result in the dislodging or harming of any incumbent in the covered band until the Commission can ensure that any such action will neither cause harmful interference with nor unreasonably constrain an incumbent in the covered band. SEC. 9. COMMISSION STUDY ON ENHANCING THE BENEFITS OF UNLICENSED SPECTRUM FOR RURAL COMMUNITIES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commission shall conduct, and submit to the appropriate committees of Congress the results of, a study regarding how unlicensed spectrum can be further utilized to assist in-- (1) the provision of healthcare in rural areas; (2) distance learning; and (3) facilitating innovations in agriculture. (b) Recommendations.--The results of the study submitted under subsection (a) shall include recommendations regarding-- (1) overcoming barriers to the use of unlicensed spectrum for the purposes described in that subsection; and (2) how to further utilize unlicensed spectrum to meet the needs of rural communities with respect to broadband Internet access service. SEC. 10. GAO STUDY ON SPECTRUM RELOCATION FUND ALLOCATIONS. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the appropriate committees of Congress the results of, a study to determine the efficiency with which amounts in the Spectrum Relocation Fund are transferred to eligible Federal entities that willingly relocate from eligible frequencies. SEC. 11. RULES OF CONSTRUCTION. (a) Frequency Ranges.--Any frequency range described in this Act shall be construed as including the upper and lower frequency in the frequency range. (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing in this Act may be construed as affecting any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note).

Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act or the AIRWAVES Act This bill requires the Federal Communications Commission (FCC) to complete auctions by December 31, 2020, that will grant priority access broadcast licenses for specified frequency spectrum bands. The FCC and the National Telecommunications and Information Administration are directed to identify frequencies in specified spectrum bands that may be utilized for non-federal unlicensed use and commercial licensed use. The FCC must allocate 10% of proceeds from each of the spectrum band auctions specified in the bill to expand wireless infrastructure in rural areas that are underserved or unserved. The FCC shall conduct a study on how unlicensed frequency spectrum bands can be utilized for: (1) the provision of healthcare in rural areas, (2) distance learning, and (3) facilitating innovations in agriculture.

Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Administration Authorization Act of 1995''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Under Secretary for Technology.--(1) There are authorized to be appropriated to the Secretary of Commerce for the activities of the Under Secretary for Technology/Office of Technology Policy $5,000,000 for fiscal year 1996. (2) With the Fiscal Year 1997 budget submission for the Department of Commerce, the Secretary of Commerce shall submit to Congress a strategic plan for phasing out the Office of Technology Policy during fiscal year 1996 by eliminating nonessential functions and transferring any essential functions to the National Institute of Standards and Technology. (b) National Institute of Standards and Technology.--For each of fiscal years 1996, 1997, and 1998, there are authorized to be appropriated to the Secretary of Commerce for the following activities of the National Institute of Standards and Technology: (1) For Scientific and Technical Research and Services, $263,000,000. (2) For Industrial Technology Services, $427,000,000, but no appropriations are authorized for Advanced Technology Program grants awarded after October 1, 1995. (3) For Construction of Research Facilities, $60,000,000. SEC. 3. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by redesignating section 31 as section 32 and by inserting after section 30 the following: ``COMPETITIVE TECHNOLOGY PROGRAM ``Sec. 31. (a) Findings.--Congress finds that-- ``(1) it is in the National interest for the federal government to take appropriate steps in order to strengthen the competitiveness of research institutions and industry in our rural and less populous states that historically have not been included as full partners in the federal research and development enterprise; ``(2) the research institutions in our rural and less populous states represent a valuable and productive research and technological base that has generated important breakthrough advances in science and technology and helped boost the Nation's economy; ``(3) as part of its mission to help increase U.S. competitiveness, the National Institute of Standards and Technology (NIST) of the Department of Commerce, has an important role in strengthening and broadening the research and technology base in our rural and less populous states; ``(4) the Experimental Program to Stimulate Competitive Research (EPSCOR) at the National Science Foundation and similar programs at the National Aeronautics and Space Administration and other federal science agencies have been extremely successful in strengthening the research base of our rural and less populous states by funding, on a competitive, peer-reviewed basis, research grant proposals from those states; and ``(5) the establishment at NIST of a program based on the EPSCOR concept would both build on the progress of the other federal agencies' EPSCOR activities and further broaden the Nation's scientific and technology base to embrace the quality research institutions in rural and less populous states. ``(b) Policy.--It is the policy of the United States that-- ``(1) NIST should conduct appropriate programs and activities to strengthen and broaden the Nation's scientific and technology capabilities and infrastructure; ``(2) NIST should develop programs and activities to support research efforts in our rural and less populous states to enhance U.S. industrial competitiveness; and ``(3) such programs and activities should be coordinated and made consistent with the Experimental Program to Stimulate Competitive Research at the National Science Foundation and similar programs at other federal science agencies. ``(c) Requirements.-- ``(1) Competition.--Through the National Institute of Standards and Technology, the Secretary of Commerce shall establish an Experimental Program to Stimulate Competitive Technology (EPSCOT). EPSCOT shall provide grants on a competitive and peer-reviewed basis to qualified institutions in eligible States. Such grants shall be awarded for any purpose consistent with and in furtherance of the mission of the Institute including, but not limited to, research, technology transfer, outreach activities, economic development, and education. In evaluating a grant application under EPSCOT, the Secretary of Commerce shall consider-- ``(A) the application's merit and relevance to mission of the Institute; ``(B) the potential for the grant to serve as a catalyst to enhance the ability of researchers in the State to become more competitive for regular civilian research funding; ``(C) the potential for the grant to improve the environment for science, mathematics, and engineering education in the State; and ``(D) the need to assure the maximum distribution of grants among eligible States, consistent with merit. ``(2) Supplemental grants.--The Secretary of Commerce shall endeavor, where appropriate, to supplement grants made under subsection (a) with such grants for fellowships, traineeships, equipment, or instrumentation as practicable. ``(3)Definitions.--For the purposes of this section-- ``(A) the term `qualified institutions' means small and medium-sized companies, colleges, universities, not-for-profit institutions, local and state governments, individuals with a record of achievement in science and technology, and any other persons or entities deemed qualified by the Secretary of Commerce, but not large companies and ``(B) the term `eligible states' means a State designated as eligible to compete in the National Science Foundation's Experimental Program to Stimulate Competitive Research. ``(e) Authorization of Appropriations.--To implement EPSCOT and any related activities, the Secretary of Commerce shall ensure that up to $10,000,000 from the appropriations authorized for the Industrial Technology Services account at the National Institute of Standards and Technology are used for purposes of establishing and developing an Experimental Program to Stimulate Competitive Technology Research at the agency.''. SEC. 4. ELIMINATION OF NATIONAL QUALITY COUNCIL. Section 507 of the American Technology Preeminence Act of 1991 (15 U.S.C. 3717) is hereby repealed. SEC. 5. FASTENER QUALITY ACT AMENDMENTS. (a) Section 2 Amendments.--Section 2 of the Fastener Quality Act (15 U.S.C. 5401) is amended-- (1) by striking subsection (a)(4), and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; (2) by striking ``by lot number'' in subsection (a)(7), as so redesignated by paragraph (1) of this subsection; and (3) by striking ``used in critical applications'' in subsection (b) and inserting ``in commerce''. (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act (15 U.S.C. 5402) is amended-- (1) by striking ``having a minimum tensile strength of 150,000 pounds per square inch'' in paragraph (1)(B) and inserting ``having a minimum Rockwell C hardness of 40 or above''; (2) in paragraph (2)-- (A) by inserting ``International Organization for Standardization,'' after ``Society of Automotive Engineers,''; and (B) by inserting ``consensus'' after ``or any other''; (3) in paragraph (5)-- (A) by inserting ``or'' after ``standard or specification,'' in subparagraph (B); (B) by striking ``or'' at the end of subparagraph (C); (C) by striking subparagraph (D); and (D) by inserting ``or produced in accordance with ASTM F 432'' after ``307 Grade A''; (4) by striking ``other person'' in paragraph (6) and inserting ``government agency''; (5) by striking ``Standard'' in paragraph (8) and inserting ``Standards''; (6) by striking paragraph (11) and redesignating paragraphs (12) through (15) as paragraphs (11) through (14), respectively; (7) by striking ``, a government agency'' and all that follows through ``markings of any fastener'' in paragraph (13), as so redesignated, and inserting ``or a government agency''; and (8) by inserting ``for the purpose of achieving a uniform hardness'' in paragraph (14), as so redesignated, after ``quenching and tempering''. (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15 U.S.C. 5404) is repealed. (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act (15 U.S.C. 5404) is amended-- (1) by striking ``subsections (b) and (c)'' in subsection (a)(1)(B) and (2)(A)(i) and inserting ``subsections (b), (c), and (d)''; (2) by striking ``or, where applicable'' and all that follows through ``section 7(c)(1)'' in subsection (c)(2); (3) by striking ``, such as the chemical, dimensional, physical, mechanical, and any other'' in subsection (c)(3); (4) by inserting ``except as provided in subsection (d),'' in subsection (c)(4) before ``state whether''; and (5) by adding at the end the following new subsection: ``(d) Alternative Procedure for Chemical Characteristics.-- Notwithstanding the requirements of subsections (b) and (c), a manufacturer shall be deemed to have demonstrated, for purposes of subsection (a)(1), that the chemical characteristics of a lot conform to the standards and specifications to which the manufacturer represents such lot has been manufactured if the following requirements are met: ``(1) The coil or heat number of metal from which such lot was fabricated has been inspected and tested with respect to its chemical characteristics by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6. ``(2) Such laboratory has provided to the manufacturer, either directly or through the metal manufacturer, a written inspection and testing report, which shall be in a form prescribed by the Secretary by regulation, listing the chemical characteristics of such coil or heat number. ``(3) The report described in paragraph (2) indicates that the chemical characteristics of such coil or heat number conform to those required by the standards and specifications to which the manufacturer represents such lot has been manufactured. ``(4) The manufacturer demonstrates that such lot has been fabricated from the coil or heat number of metal to which the report described in paragraphs (2) and (3) relates. In prescribing the form of report required by subsection (c), the Secretary shall provide for an alternative to the statement required by subsection (c)(4), insofar as such statement pertains to chemical characteristics, for cases in which a manufacturer elects to use the procedure permitted by this subsection.''. (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended by striking ``Within 180 days after the date of enactment of this Act, the'' and inserting ``The''. (f) Section 7 Amendments.--Section 7 of the Fastener Quality Act (15 U.S.C. 5406) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Domestically Produced Fasteners.--It shall be unlawful for a manufacturer to sell any shipment of fasteners covered by this Act which are manufactured in the United States unless the fasteners-- ``(1) have been manufactured according to the requirements of the applicable standards and specifications and have been inspected and tested by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6; and ``(2) an original laboratory testing report described in section 5(c) and a manufacturer's certificate of conformance are on file with the manufacturer, or under such custody as may be prescribed by the Secretary, and available for inspection.''; (2) by inserting ``label'' after ``private'' the first place it appears in subsection (c)(2); (3) by inserting ``to the same'' in subsection (c)(2) after ``in the same manner and''; (4) by striking ``certificate'' in subsection (d)(1) and inserting ``test report''; (5) by striking subsection (e) and inserting the following: ``(e) Commingling.--It shall be unlawful for any manufacturer, importer, or private label distributor to commingle like fasteners from different lots in the same container; except that such manufacturer, importer, or private label distributor may commingle like fasteners of the same type, grade, and dimension from not more than two tested and certified lots in the same container during repackaging and plating operations: Provided, that any container which contains the fasteners from two lots shall be conspicuously marked with the lot identification numbers of both lots.''; and (6) by striking subsection (f) and inserting the following: ``(f) Subsequent Purchaser.--If a person who purchases fasteners for any purpose so requests either prior to the sale or at the time of sale, the seller shall conspicuously mark the container of the fasteners with the lot number from which such fasteners were taken.''. (g) Section 9 Amendment.--Section 9 of the Fastener Quality Act (15 U.S.C. 5408) is amended by adding at the end the following new subsection: ``(d) Enforcement.--The Secretary may designate officers or employees of the Department of Commerce to conduct investigations pursuant to this Act. In conducting such investigations, those officers or employees may, to the extent necessary or appropriate to the enforcement of this Act, exercise such authorities as are conferred upon them by other laws of the United States, subject to policies and procedures approved by the Attorney General.''. (h) Section 10 Amendments.--Section 10 of the Fastener Quality Act (15 U.S.C. 5409) is amended-- (1) by striking ``10 years''in subsections (a) and (b) and inserting ``5 years''; and (2) by striking ``any subsequent'' in subsection (b) and inserting ``the subsequent''. (i) Section 13 Amendment.--Section 13 of the Fastener Quality Act (15 U.S.C. 5412) is amended by striking ``within 180 days after the date of enactment of this Act''. (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15 U.S.C. 5413) is repealed.

Technology Administration Authorization Act of 1995 - Authorizes appropriations to the Secretary of Commerce for: (1) the Under Secretary for Technology-Office of Technology Policy; and (2) the National Institute of Standards and Technology (NIST). Directs the Secretary to submit to the Congress a plan for phasing out the Office of Technology Policy and transferring essential functions to NIST. Amends the National Institute of Standards and Technology Act to direct the Secretary to establish an Experimental Program to Stimulate Cooperative Technology which shall make grants in furtherance of NIST's mission. Amends the American Technology Preeminence Act of 1991 to eliminate the National Quality Council. Amends the Fastener Quality Act with regard to metal chemistry testing, commingling of fasteners in distribution, and acceptance of nonconforming fasteners.

Technology Administration Authorization Act of 1995

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Prescription Drug Price Monitoring Commission Act of 1998''. (b) Findings.--The Congress finds the following: (1) Although prescription drugs represent one of the most frequently used medical care interventions in treating common acute and chronic diseases, many Americans, especially elderly and other vulnerable populations, are unable to afford necessary medications because of excessive and persistent prescription drug price inflation. (2) Between 1981 and 1998, the rate of inflation for prescription drugs has increased at over 2.5 times the general rate of inflation. (3) Because of the limited availability of private or public prescription drug coverage for the elderly, prescription drugs represent the highest out-of-pocket medical care cost for 75 percent of elderly patients, surpassed only by costs of long-term care services. (4) The Federal Government and the American taxpayer provide substantial subsidies to the pharmaceutical industry in the form of tax incentives, tax write-offs, and grants for nonresearch activities. (5) According to the most current edition of the Internal Revenue Service Corporation Source Book of Statistics of Income, the 1994-95 edition, the pharmaceutical industry claimed $6,061,807,000 in deductions for advertising and marketing of their products. (6) The statistic described in paragraph (5) is not indicative of the current amounts deducted by prescription drug manufacturers, since the Food and Drug Administration Reform Act of 1996, effective taxable year 1996, substantially expanded the advertising activities the costs of which are deductible by the pharmaceutical industry. (7) According to the Internal Revenue Service Corporation Source Book of Statistics of Income, the pharmaceutical industry claimed $2,115,690,000 in tax credits to locate their production facilities in United States possessions. (8) There is a need to determine whether Federal subsidies are used in the most efficient manner by the pharmaceutical industry to develop drugs which represent true therapeutic advances over those products already on the market. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Prescription Drug Price Monitoring Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. (a) Studies.--The Commission shall conduct the following studies: (1) A study of the impact of a pharmaceutical price review board on containing inflation on the cost of prescription pharmaceutical products in the United States. (2) A study on how Federal tax credits and subsidies, as well as market exclusivity given to the pharmaceutical industry, can be used to modify an individual manufacturer's pricing behavior and research priorities. (3) A study on drug prices in other industrialized nations. (4)(A) A study on the feasibility of establishing in the United States a pharmaceutical products price review board. (B) In conducting the study under subparagraph (A), the Commission shall-- (i) assess the impact of such a board in other industrialized nations, such as Canada, on containing the costs of prescription drugs and the introductory prices of new drugs; (ii) recommend how such a board might operate in the United States, including the membership of the Board; (iii) recommend guidelines that might be used by the board in determining whether prices or price increases for prescription drugs are excessive and whether the introductory prices of new drugs are excessive; and (iv) recommend incentives for drug manufacturers to price their products fairly in the United States, including a system of compulsory licensing of pharmaceutical products or a reduction in the period of market exclusivity as a penalty for excessive inflation. (b) Reports.-- (1) Annual reports.--The Commission shall submit to the Congress an annual report (by not later than January 1 of each year beginning with 1999) which shall include information and recommendations regarding national and international drug policy issues, such as-- (A) trends and changes in prices for prescription and nonprescription drugs in the inpatient and outpatient setting in the United States; (B) trends and changes in prices for prescription drugs in other industrialized nations, such as Canada, Japan, Mexico, and countries of the European Union; (C) the scope of coverage, reimbursement, and financing under titles XVIII and XIX of the Social Security Act and other programs that directly provide or receive Federal funds to provide coverage for or reimbursement of prescription drugs, such as the Department of Veterans Affairs, the Department of Defense, and Public Health Service clinics; (D) the availability and affordability of prescription drugs for various population groups in the United States, and the accessibility and affordability of public and private insurance programs for prescription drugs for such population groups; (E) changes in the level and nature of use of prescription drugs by recipients of benefits under titles XVIII and XIX of the Social Security Act, taking into account the impact of such changes on aggregate expenditures under these titles; (F) recommendations to make prescription drugs more affordable and cost-effective for third-party insurers, including State-based pharmaceutical assistance and general assistance programs; (G) evaluation of technologies available for efficient third-party prescription drug program administration, such as electronic claims management and payment technologies; (H) methods of providing reimbursement under Federal health care programs to providers for drug products; (I) evaluation of the use and efficiency of all Federal tax credits and subsidies given to the pharmaceutical industry for various purposes, including the tax credit allowed under section 936 of the Internal Revenue Code of 1986; and (J) evaluation of the effect of direct marketing on price, the volume of sales, and advertising deductions. (2) Special report.--The Commission shall submit to the Committee on Finance of the United States Senate, the Committee on Commerce and the Committee on Ways and Means of the House of Representatives, and the Special Committee on Aging of the United States Senate, by not later than October 1, 1999, a report on the study conducted under subsection (a)(4). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 7 members appointed as follows: (1) The President shall appoint three members. (2) The Speaker of the House of Representatives shall appoint one member. (3) The minority leader of the House of Representatives shall appoint one member. (4) The majority leader of the Senate shall appoint one member. (5) The minority leader of the Senate shall appoint one member. (b) Qualifications.-- (1) In general.--The membership of the Commission shall include the following: (A) Individuals with national recognition for their expertise in the provision and financing of inpatient and outpatient drugs and biologicals. (B) Individuals with national recognition for their expertise in the fields of health care economics and quality assurance, medicine, pharmacology, pharmacy, and prescription drug reimbursement. (C) Other health care professionals. (D) At least one individual who is an advocate for medicare and medicaid recipients. (2) Limitation.--No more than 2 individuals who are, or have been, in the full- or part-time employ of a pharmaceutical company within one year from the date of appointment under subsection (a) may be appointed to the Commission at any time. (c) Chairman.--The Chairman shall be elected by the members. (d) Deadline for Appointment.--Members of the Commission shall be appointed not later than October 1, 1998. (e) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (g) Quorum.--Four members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under this section without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) In General.--The following provisions of section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission: (1) Subsection (c)(4) (relating to compensation of members). (2) Subsection (d) (relating to staffing and administration). (3) Subsection (e) (relating to powers of the Commission generally). (b) Technical Assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. SEC. 6. TERMINATION. The Commission shall terminate on October 1, 2003. SEC. 7. STUDY AND REPORT ON FEDERAL SUBSIDIES AND INCENTIVES PROVIDED TO THE PHARMACEUTICAL INDUSTRY. (a) Study.--The Secretary of Health and Human Services, in consultation with Secretary of the Treasury, shall conduct a study on Federal subsidies and incentives provided to the pharmaceutical industry. Matters studied shall include-- (1) a determination of the total cost over the 5 preceding fiscal years to Federal taxpayers of all Federal subsidies provided to the pharmaceutical industry (including tax incentives, subsidies, grants, and any other financial support); (2)(A) the purposes for which such Federal subsidies are used by the pharmaceutical industry; (B) the Federal role in researching and developing patented pharmaceutical products and the extent to which the Federal Government should co-license certain drugs and biologicals; (C) the extent to which pharmaceutical industry marketing research costs are incorporated into allowable Federal tax credits; (D) comparable financial incentives, subsidies, and tax credits provided to the pharmaceutical industry by other industrialized nations and the use of such incentives, subsidies, and credits by such industry; (E) the relationship between the total Federal financial support provided to the pharmaceutical industry by the United States and other industrialized nations and the prices paid by the citizens of such respective nations for prescription drugs; and (F) the extent to which tax credits provided by the Federal Government subsidize total worldwide pharmaceutical industry research and development; and (3) the relation of Federal tax credits to pharmaceutical manufacturers and marketing exclusivity for drug products to-- (A) an individual manufacturer's pricing behavior in the marketplace; and (B) the relative therapeutic value of new pharmaceutical products researched, developed, and marketed in the United States. (b) Report.--Not later than July 1, 1999, the Secretary of Health and Human Services, after consultation with the Secretary of the Treasury, shall submit a report to the Committee on Finance of the United States Senate, the Committee on Commerce and the Committee on Ways and Means of the United States House of Representatives, and the Special Committee on Aging of the United States Senate, on the study conducted under subsection (a), and shall include such recommendations as the Secretary of Health and Human Services deems appropriate. SEC. 8. MANUFACTURER INTERNATIONAL DRUG PRICE REPORTING REQUIREMENTS. (a) In General.--Subparagraph (A) of section 1927(b)(3) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended-- (1) by striking ``and'' at the end of clause (i), (2) by striking the period at the end of clause (ii) and inserting ``, and'', and (3) by adding at the end thereof the following new clause: ``(iii) not later than 30 days after the end of each calendar year, the average price at which the manufacturer sold each covered outpatient drug in such calendar year in the following countries: Canada, Australia, Mexico, and the countries of the European Union.''. (b) Technical Amendment.--Clause (ii) of section 1927(b)(3)(A) of such Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by inserting a comma after ``1990''.

Prescription Drug Price Monitoring Commission Act of 1998 - Establishes the Prescription Drug Price Monitoring Commission which shall conduct specified studies concerning U.S. pharmaceutical prices, including the establishment of a pharmaceutical products price review board. Terminates the Commission on a specified date. Directs the Secretary of Health and Human Services to study and report on Federal subsidies and incentives provided to the pharmaceutical industry. Amends title XIX (Medicaid) of the Social Security Act to require drug manufacturers participating in the Medicaid rebate program to report within a certain time after the end of each calendar year (currently, after each rebate period) on the average price at which the manufacturer sold each covered outpatient drug in Canada, Australia, Mexico, and the European Union countries.

Prescription Drug Price Monitoring Commission Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Barriers to Veterans' Benefits Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Tinnitus is the most common service-connected disability for veterans from all periods of service, accounting for almost 841,000 individuals. (2) Hearing loss is the second leading service-connected disability for veterans from all periods of service, accounting for almost 702,000 individuals. (3) Since fiscal year 1999, the number of veterans with service-connected disability for tinnitus has increased by an average rate of 17 percent each year. (4) The number of tinnitus disabilities has grown from 128,600 in fiscal year 1999 to 840,900 in fiscal year 2011, an increase of more than 500 percent. SEC. 3. PRESUMPTION OF SERVICE-CONNECTION FOR HEARING LOSS AND TINNITUS. (a) Presumption.-- (1) In general.--Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1119. Presumption of service connection for hearing loss associated with particular military occupational specialties or combat service ``(a) In General.--(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, diagnosed hearing loss, tinnitus, or both of a veteran described in paragraph (2) shall be considered to have been incurred in or aggravated by the service of the veteran, notwithstanding that there is no record of evidence of such hearing loss or tinnitus, as the case may be, during the period of such service. ``(2) A veteran described in this paragraph is a veteran who while on active military, naval, or air service-- ``(A) was assigned to a military occupational specialty or equivalent described in subsection (b); or ``(B) served in combat against a hostile force during a period of hostilities (as defined in section 1712A(a)(2)(B) of this title). ``(b) Military Occupational Specialty.--A military occupational specialty or equivalent referred to in subsection (a)(2)(A) is a military occupational specialty or equivalent, if any, that the Secretary determines in regulations prescribed under this section in which individuals assigned to such military occupational specialty or equivalent in the active military, naval, or air service are or were likely to be exposed to a sufficiently high level of acoustic trauma as to result in permanent hearing loss, tinnitus, or both. ``(c) Determination.--(1) If the Secretary determines under subsection (b) that a presumption of service connection is warranted for a military occupational specialty or equivalent, the Secretary shall, not later than 60 days after the date of the determination, issue proposed regulations setting forth the Secretary's determination. ``(2) If the Secretary determines under subsection (b) that a presumption of service connection is not warranted for a military occupational specialty or equivalent, the Secretary shall, not later than 60 days after the date of the determination-- ``(A) publish the determination in the Federal Register; and ``(B) submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the determination, including a justification for the determination.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item: ``1119. Presumption of service connection for hearing loss associated with particular military occupational specialties or combat service.''. (b) Presumption Rebuttable.--Section 1113 of title 38, United States Code, is amended by striking ``or 1118'' each place it appears and inserting ``1118, or 1119''. (c) Presumption During Peacetime Service.--Section 1137 of title 38, United States Code, is amended by striking ``and 1113'' and inserting ``1113, and 1119''. (d) Effective Date.--Section 1119 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to a claim for compensation made on or after the date that is 60 days after the date on which the Secretary prescribes regulations pursuant to subsection (c)(1) of such section. SEC. 4. AUDIOMETRIC TEST REQUIRED BEFORE SEPARATION OF MEMBERS OF THE ARMED FORCES. (a) In General.--Chapter 59 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1179. Audiometric test required ``Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary receives an audiometric test at the 8000 Hz frequency (or other test that the Secretary of Defense determines has the ability to discover potential future hearing loss) to evaluate the hearing of the member during the 90-day period before the date on which the member is discharged, separated, or retired.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1178 the following new item: ``1179. Audiometric test required.''. (c) Effective Date.--Section 1179 of title 10, United States Code, as added by subsection (a), shall apply with respect to a member being discharged, separated, or retired from the Armed Forces on or after the date that is 60 days after the date of the enactment of this Act.

Reducing Barriers to Veterans' Benefits Act - Presumes a service connection, for veterans' benefits purposes, for diagnosed hearing loss, tinnitus, or both, for veterans who, during active military service: (1) were assigned to a military occupational specialty in which the veterans were likely to be exposed to a level of acoustic trauma sufficient to result in permanent hearing loss, tinnitus, or both; or (2) served in combat against a hostile force during a period of hostilities. Directs the Secretary of each military department to ensure that each member of the Armed Forces under their jurisdiction receives an audiometric test at the 8000 Hz frequency (or an equivalent test) to evaluate the hearing of such member during the 90-day period before the member is discharged, separated, or retired.

To amend title 38, United States Code, to establish a presumption of service connection for certain veterans with tinnitus or hearing loss, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Established Provider Act of 2015''. SEC. 2. MEDICARE ESTABLISHED PROVIDER SYSTEM. Title XVIII of the Social Security Act is amended by inserting after section 1893 of such Act (42 U.S.C. 1395ddd) the following new section: ``SEC. 1893A. MEDICARE ESTABLISHED PROVIDER SYSTEM. ``(a) In General.--The Secretary shall develop and implement a system (in this section referred to as the `Medicare Established Provider System') to designate providers of services and suppliers who represent a low risk for submitting fraudulent claims for payment under this title as established providers for purposes of applying the protections described in subsection (c). Under such system-- ``(1) the Secretary shall establish a process, in accordance with subsection (c), under which-- ``(A) providers of services and suppliers may apply for designation as established providers; ``(B) such providers and suppliers who qualify, in accordance with subsection (b), as established providers are so designated (including through the use of entities trained by an Internet training course of the Centers for Medicare & Medicaid Services or through training provided by other specified organizations); and ``(C) such providers and suppliers who no longer qualify as established providers lose such designation; and ``(2) the Secretary shall establish an electronic system for the submission of documentation by providers of services, suppliers, or third parties, with respect to a claim for payment under this title that is under review, for each level of review applicable to such claim. ``(b) Qualifying as Established Providers.--Under such system, to qualify as an established provider for a period with respect to a reporting period (as specified by the Secretary), a provider of services or supplier shall demonstrate, as specified by the Secretary, that-- ``(1) with respect to the reporting period beginning after the date of the enactment of this section, at least 90 percent of claims for payment under this title for items and services furnished by such provider or supplier for which any review was conducted under section 1869 were determined to be eligible for payment or partial payment under this title; and ``(2) of all claims for payment under this title for items and services furnished by such provider or supplier for which an initial determination was made that payment may not be made under this title, at least 90 percent were appealed by such provider or supplier. ``(c) Designation Process.--The process under subsection (a)(1)-- ``(1) shall allow a provider of services or supplier designated as an established provider under this section to demonstrate that the provider or supplier maintains compliance with the qualification requirements under subsection (b) based on annual updates on the status of claims for payment under this title for items and services furnished by such provider or supplier with respect to each level of review, including the number of such claims within each such level of review for which a determination was made that payment should be made, should be partially made, or should not be made under this title; ``(2) shall provide a method through which it may be determined whether or not the qualifying requirements under subsection (b) have been satisfied and maintained by a provider of services or supplier with respect to a period; ``(3) provide for the identification of established providers within appropriate systems of the Centers of Medicare & Medicaid Services; and ``(4) provide for a global track record of compliance by providers of services and suppliers with the qualifying requirements under subsection (b), including by identifying such providers and suppliers by the management company provider number rather than by each individual provider, supplier, or facility, for purposes of efficiency. ``(d) Protections for Established Providers.--Notwithstanding any other provision of law, in the case of a provider of services or supplier designated as an established provider under this section with respect to a period the following protections shall apply: ``(1) With respect to a claim submitted during such period for payment under this title for items or services furnished by such provider or supplier, which is subject to review for whether or not payment should be made under such title and with respect to which an additional documentation request has been issued, payment under this title for such claim may not be withheld unless a final determination has been made that such payment should not be made. ``(2) In the case that a final determination has been made that payment under this title should not have been made with respect to a claim described in paragraph (1), repayment of such payment shall be made electronically by the provider not later than 45 days after notification of such decision. In applying the previous sentence, if the Secretary determines that repayment within such 45-day period would result in a significant hardship to the provider involved, the Secretary may, on a case-by-case basis, extend the 45-day period described in such sentence by such number of days as the Secretary determines appropriate in accordance with a specified repayment plan. ``(3) The Secretary shall provide for a method to apply section 1869 with respect to an initial determination of any claim submitted during such period for payment under this title for items and services furnished by such provider or supplier, without the application of paragraph (3) of section 1869(a) (relating to redeterminations).''.

Medicare Established Provider Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to develop a system for designating providers that represent a low risk of submitting fraudulent Medicare claims as "established providers" for purposes of applying for special treatment in the claim review process. To qualify as an established provider, a provider must demonstrate that, within a specified timeframe: (1) at least 90% of Medicare claims submitted by the provider were determined to be eligible for full or partial payment, and (2) the provider appealed at least 90% of all Medicare claims that were not initially determined to be eligible for payment. HHS may withhold payment for a Medicare claim made by an established provider only if a final determination has been made that the claim is ineligible for payment. If such a final determination is made, the provider shall repay such payment electronically and within a specified timeframe.

Medicare Established Provider Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Time Property Owners Tax Credit Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME PURCHASE OF REAL PROPERTY. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. FIRST-TIME PURCHASE OF REAL PROPERTY. ``(a) Allowance of Credit.--In the case of an individual who is a first-time purchaser of real property in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 5 percent of the purchase price of such property. ``(b) Limitations.-- ``(1) Maximum dollar amount.-- ``(A) In general.--The credit allowed under subsection (a) shall not exceed the excess (if any) of $1,500 (2 times such amount in the case of a joint return). ``(B) Inflation adjustment.--In the case of any taxable year beginning after December 31, 2008, the $1,500 amount under subparagraph (A) shall be increased by an amount equal to $1,500, multiplied by the cost- of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `2007' for `1992' in subparagraph (B) thereof. If the $1,500 amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(2) Taxable income limitation.-- ``(A) In general.--If the taxable income of the taxpayer for any taxable year exceeds the maximum taxable income in the table under subsection (a), (b), (c), or (d) of section 1, whichever is applicable, to which the 25 percent rate applies, the dollar amounts in effect under paragraph (1)(A) for such taxpayer for the following taxable year shall be reduced (but not below zero) by the amount of the excess. ``(B) Change in return status.--In the case of married individuals filing a joint return for any taxable year who did not file such a joint return for the preceding taxable year, subparagraph (A) shall be applied by reference to the highest taxable income of either such individual for the preceding taxable year. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) First-time purchaser.-- ``(A) In general.--The term `first-time purchaser' means any individual if such individual (and if married, such individual's spouse) had no present ownership interest in real property during the 2-year period ending on the date of acquisition of the property to which subsection (a) applies. ``(B) One-time only.--If an individual is treated as a first-time purchaser with respect to any real property, such individual may not be treated as a first-time purchaser with respect to any other real property. ``(C) Married individuals filing jointly.--In the case of married individuals who file a joint return, the credit under this section is allowable only if both individuals are first-time purchasers. ``(D) Other taxpayers.--If 2 or more individuals who are not married purchase real property-- ``(i) the credit under this section is allowable only if each of the individuals is a first-time purchaser, and ``(ii) the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed the amount in effect under subsection (b)(1)(A) for individuals filing joint returns. ``(2) Purchase.--The term `purchase' means any acquisition, but only if-- ``(A) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267 (b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, and lineal descendants), and ``(B) the basis of the property in the hands of the person acquiring it is not determined-- ``(i) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(ii) under section 1014(a) (relating to property acquired from a decedent). ``(3) Purchase price.--The term `purchase price' means the adjusted basis of the property on the date on which a binding contract to acquire such property is entered into. ``(d) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(e) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any property, the basis of such property shall be reduced by the amount of the credit so allowed. ``(f) Property to Which Section Applies.--The provisions of this section apply to real property if-- ``(1) the taxpayer purchases such property on or after January 1, 2008, and before January 1, 2013, or ``(2) the taxpayer enters into, on or after January 1, 2008, and before January 1, 2013, a binding contract to purchase such property before July 1, 2014.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) in the case of real property with respect to which a credit was allowed under section 36, to the extent provided in section 36(e).''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. First-time purchase of real property. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

First Time Property Owners Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow an income-based, one-time refundable tax credit for first-time homebuyers of 5% of the purchase price of real property located in the United States, up to a maximum credit amount of $1,500 ($3,000 for joint returns). Makes such credit applicable to purchases of property on or after January 1, 2008, and before January 1, 2013, and to binding contracts made between such dates to purchase such property before July 1, 2014.

To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for the purchase of real property by a first-time purchaser.

SECTION 1. DEPARTMENT OF AGRICULTURE PROGRAM TO ENCOURAGE AND ASSIST THE DONATION OF AGRICULTURAL COMMODITIES UNMARKETABLE UNDER MARKETING ORDERS. (a) Donation Program.--The Secretary of Agriculture shall establish a program to encourage and assist producers, processors, and other handlers of agricultural commodities described in subsection (b) to donate such commodities to selected food banks, soup kitchens, and homeless shelters in the United States to assist the homeless and needy. (b) Agricultural Commodities for Donation.--The agricultural commodities eligible for donation under the program established under subsection (a) are agricultural commodities that, while still fit for human consumption, are unmarketable because of grade, size, or quality restrictions imposed by a marketing order issued under section 8c of the Agricultural Adjustment Act (reenacted with amendments by the Agricultural Marketing Agreement Act of 1937) (7 U.S.C. 608c) or by a marketing order or plan issued under another law relating to the research and promotion of a specific agricultural commodity. (c) Selection of Participants.--The Secretary of Agriculture may enter into agreements with producers, processors, and other handlers of agricultural commodities described in subsection (b) who offer to make such commodities available for donation under the program established under subsection (a). As part of such an agreement, the Secretary may agree to pay all or part of the costs incurred to harvest, handle, package, or process the agricultural commodity to be donated if the Secretary determines that-- (1) the commodity would likely not be harvested, handled, packaged, or processed in the absence of the payment; and (2) volunteer harvesters or voluntary handling, packaging, or processing services are unavailable or unfeasible. (d) Eligible Food Banks, Soup Kitchens, and Homeless Shelters.-- (1) Nomination by local governments.--Local governments in a State may nominate food banks, soup kitchens, and homeless shelters for selection to receive agricultural commodities under the program established under subsection (a). The nominations shall be submitted to the State official appointed by the chief executive of the State to receive such nominations. (2) State plan.--The State official referred to in paragraph (1) shall prepare a donation plan for the State based upon the nominations submitted under such paragraph. The official shall submit the plan to the Secretary of Agriculture at such times as the Secretary may require. (3) Selection by secretary.--Based upon the agricultural commodities and funds available for the program for a year, the Secretary of Agriculture shall review the submitted plans and select food banks, soup kitchens, and homeless shelters in each State to receive agricultural commodities under the program. If the State official referred to in paragraph (1) is not appointed for a State, the Secretary may establish an alternative method for the selection of food banks, soup kitchens, and homeless shelters in that State to receive agricultural commodities under the program. (4) Consultation.--The nomination and selection of food banks, soup kitchens, and homeless shelters under this subsection should be made after consultation with nonprofit organizations serving the homeless and needy and with other interested persons. (e) Distribution of Donated Agricultural Commodities.--The Secretary of Agriculture, in consultation with the Secretary of Transportation, shall enter into contracts with persons to collect, store, and distribute agricultural commodities made available for donation under the program established under subsection (a). Contracts under this subsection shall be awarded on a competitive basis and may be for such term as the Secretary of Agriculture considers to be appropriate. (f) Funds for Program.--The Secretary of Agriculture shall use funds available for the purposes of section 32 of the Act entitled ``An Act to amend the Agricultural Adjustment Act, and for other purposes.'', approved August 24, 1935 (7 U.S.C. 612c), to carry out the program established under subsection (a), including the cost of contracts entered into under subsection (e). Notwithstanding any other provision of such section, the amount devoted to this program for a fiscal year shall be equal to at least 25 percent of the unobligated balance remaining under such section at the end of the preceding fiscal year. (g) Definitions.--For purposes of this section: (1) The term ``food bank'' means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that provide meals or food to homeless or needy individuals on a regular basis. (2) The term ``soup kitchen'' means a public or charitable institution that maintains an established feeding operation to provide meals for individuals and families who do not have access to food and who are nutritionally at risk, such as the homeless, the elderly, and the impoverished. (3) The term ``homeless shelter'' means a public or charitable institution that maintains an established feeding operation to provide meals to homeless or needy individuals as part of a regular program to provide shelter, bedding, health care services, drug and alcohol abuse counseling, or occupational training to such individuals.

Directs the Secretary of Agriculture to establish a program to encourage and assist producers, processors, and other handlers of agricultural commodities to donate edible but unmarketable commodities to selected U.S. food banks, soup kitchens, and homeless shelters.

To encourage and assist producers, processors, and other handlers of agricultural commodities to donate edible, but unmarketable, agricultural commodities to food banks, soup kitchens, and homeless shelters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2015''. SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) Integrated Public Alert and Warning System Modernization.-- (1) In general.--To provide timely and effective disaster warnings under this section, the President, acting through the Administrator of the Federal Emergency Management Agency, shall, except as provided in paragraph (4)-- (A) modernize the integrated public alert and warning system of the United States (in this section referred to as the ``public alert and warning system'') to ensure that the President under all conditions is able to alert and warn governmental authorities and the civilian population in areas endangered by disasters; and (B) implement the public alert and warning system. (2) Implementation requirements.--In carrying out paragraph (1), the Administrator shall, consistent with the recommendations in the final report of the Integrated Public Alert and Warning System Advisory Committee (established under subsection (b))-- (A) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (B) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (C) include in the public alert and warning system the capability to alert, warn, and provide the equivalent amount of information to individuals with disabilities and individuals with access and functional needs; (D) ensure that training, tests, and exercises are conducted for the public alert and warning system and that the system is incorporated into other training and exercise programs of the Department of Homeland Security, as appropriate; (E) establish and integrate into the National Incident Management System a comprehensive and periodic training program to instruct and educate Federal, State, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System; and (F) ensure that the public alert and warning system is resilient, secure, and can withstand acts of terrorism and other external attacks. (3) System requirements.--Consistent with paragraph (1), the public alert and warning system shall-- (A) incorporate multiple communications technologies; (B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; (C) to the extent technically feasible, be designed to provide alerts to the largest portion of the affected population, including nonresident visitors and tourists and individuals with disabilities and access and functional needs, and improve the ability of remote areas to receive alerts; (D) promote local and regional public and private partnerships to enhance community preparedness and response; (E) provide redundant alert mechanisms if practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device; and (F) include a mechanism to ensure the protection of individual privacy. (4) Limitation on authority.--Nothing in this subsection authorizes or requires the Federal Emergency Management Agency or any other government entity to require any action on the part of the Federal Communications Commission, the Department of Commerce, the Office of Emergency Communications, or any nongovernmental entity, nor impact any existing obligations of such entities. (5) Implementation plan.--Not later than 180 days after the date of submission of the report of the Integrated Public Alert and Warning System Advisory Committee, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed plan to implement the public alert and warning system. The plan shall include a timeline for implementation, a spending plan, and recommendations for any additional authority that may be necessary to fully implement this subsection. (6) Funding.--There is authorized to be appropriated $12,824,000 of the amount made available pursuant to section 699 of the Post Katrina Emergency Management Reform Act of 2006 (Public Law 109-295; 6 U.S.C. 811) for each of fiscal years 2016, 2017, and 2018 to carry out the provisions of this section. (b) Integrated Public Alert and Warning System Advisory Committee.-- (1) Establishment.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish an advisory committee to be known as the Integrated Public Alert and Warning System Advisory Committee (in this subsection referred to as the ``Advisory Committee''). (2) Membership.--The Advisory Committee shall be composed of the following members (or their designees) to be appointed by the Administrator as soon as practicable after the date of enactment of this Act: (A) The Chairman of the Federal Communications Commission. (B) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce. (C) The Assistant Secretary for Communications and Information of the Department of Commerce. (D) The Director of the Office of Disability Integration and Coordination of the Federal Emergency Management Agency. (E) Representatives of State and local governments, representatives of emergency management agencies, and representatives of emergency response providers, selected from among individuals nominated by national organizations representing governments and personnel. (F) Representatives from federally recognized Indian tribes and national Indian organizations. (G) Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee, including representatives of-- (i) communications service providers; (ii) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (iii) third-party service bureaus; (iv) the broadcasting industry, including commercial and noncommercial radio and television stations; (v) the commercial mobile radio service industry; (vi) the cable industry; (vii) the satellite industry; and (viii) national organizations representing individuals with disabilities and access and functional needs and national organizations representing the elderly. (H) Qualified representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson.--The Administrator shall serve as the Chairperson of the Advisory Committee. (4) Meetings.-- (A) Initial meeting.--The initial meeting of the Advisory Committee shall take place not later than 120 days after the date of enactment of this Act. (B) Other meetings.--After the initial meeting, the Advisory Committee shall meet, at least annually, at the call of the Chairperson. (C) Notice; open meetings.--Meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public. (D) Interested persons.--Interested persons shall be permitted to attend, appear before, or file statements with the Advisory Committee, in accordance with subsection (c) of section 552b of title 5, United States Code. (E) Meeting minutes.--The Advisory Committee shall keep detailed minutes of each meeting, which shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the Advisory Committee. (F) Availability of information.--The records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by the Advisory Committee shall be available for public inspection and copying, subject to section 552 of title 5, United States Code, at a single location in the office of the Federal Emergency Management Agency until the Advisory Committee ceases to exist. (5) Rules.-- (A) Quorum.--One-third of the members of the Advisory Committee shall constitute a quorum for conducting business of the Advisory Committee. (B) Subcommittees.--To assist the Advisory Committee in carrying out its functions, the Chairperson may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as the Chairperson considers necessary. (C) Additional rules.--The Advisory Committee may adopt such other rules as are necessary to carry out its duties. (6) Consultation with nonmembers.--The Advisory Committee and the program offices for the integrated public alert and warning system for the United States shall regularly meet with groups that are not represented on the Advisory Committee to consider new and developing technologies that may be beneficial to the public alert and warning system. Such groups may include-- (A) the Defense Advanced Research Projects Agency; (B) entities engaged in federally funded research; and (C) academic institutions engaged in relevant work and research. (7) Recommendations.--The Advisory Committee shall develop recommendations for an integrated public alert and warning system, including-- (A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; and (B) recommendations to provide for a public alert and warning system that-- (i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (ii) has the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; (iii) incorporates multiple communications technologies; (iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (v) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (vi) promotes local and regional public and private partnerships to enhance community preparedness and response; (vii) provides redundant alert mechanisms if practicable in order to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device; and (viii) promotes the participation of representatives from traditionally underserved and underrepresented communities, to ensure that alerts and warnings reach such populations. (8) Initial and annual report.--Not later than 1 year after the date of enactment of this Act, the Advisory Committee shall submit to the Administrator, the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the recommendations of the Advisory Committee. (9) Federal advisory committee act.--Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation issued under that Act shall apply to the Advisory Committee. (10) Termination.--The Advisory Committee shall terminate not later than 6 years after the date of enactment of this Act. (c) Limitation on Statutory Construction.--Nothing in this section shall be construed to provide the Federal Emergency Management Agency with regulatory authority with respect to any nongovernment entity.

. Integrated Public Alert and Warning System Modernization Act of 2015 This bill directs the Federal Emergency Management Agency (FEMA) to modernize and implement the integrated public alert and warning system of the United States to ensure that the President is able, under all conditions, to alert governmental authorities and the civilian population in areas endangered by disasters, including by: establishing common alerting and warning protocols, standards, terminology, and operating procedures for such system; including in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities and individuals with access and functional needs; ensuring that training, tests, and exercises are conducted for such system; establishing and integrating into the National Incident Management System a comprehensive and periodic training program to instruct and educate federal, state, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System; and ensuring that the system is resilient, secure, and can withstand acts of terrorism and other external attacks. The system shall: incorporate multiple communications technologies, be designed to incorporate future technologies for communicating directly with the public to provide alerts to the largest portion of the affected population feasible and to improve the ability of remote areas to receive alerts, promote local and regional partnerships to enhance community preparedness and response, provide redundant alert mechanisms, and protect individual privacy. FEMA must: (1) submit a detailed plan to implement the system, including a time line, a spending plan, and recommendations for any additional authority necessary; and (2) establish the Integrated Public Alert and Warning System Advisory Committee to develop recommendations for the system.

Integrated Public Alert and Warning System Modernization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Bicycle Helmet Safety Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) 90 million Americans ride bicycles and 20 million ride a bicycle more than once a week; (2) between 1984 and 1988, 2,985 bicyclists in the United States died from head injuries and 905,752 suffered head injuries that were treated in hospital emergency rooms; (3) 41 percent of bicycle-related head injury deaths and 76 percent of bicycle-related head injuries occurred among American children under age 15; (4) deaths and injuries from bicycle accidents cost society $7.6 billion annually; and a child suffering from a head injury, on average, will cost society $4.5 million over the child's lifetime; (5) universal use of bicycle helmets in the United States would have prevented 2,600 deaths from head injuries and 757,000 injuries; and (6) only 5 percent of children in the Nation who ride bicycles wear helmets. SEC. 3. ESTABLISHMENT OF PROGRAM. The Administrator of the National Highway Traffic Safety Administration may, in accordance with section 4, make grants to States, State political subdivisions, and nonprofit organizations for programs that require or encourage individuals under the age of 16 to wear approved bicycle helmets. In making those grants, the Administrator shall allow grantees to use wide discretion in designing programs that effectively promote increased bicycle helmet use. SEC. 4. PURPOSES FOR GRANTS. A grant made under section 3 may be used by a grantee to-- (1) enforce a law that requires individuals under the age of 16 to wear approved bicycle helmets on their heads while riding on bicycles; (2) assist individuals under the age of 16 to acquire approved bicycle helmets; (3) develop and administer a program to educate individuals under the age of 16 and their families on the importance of wearing such helmets in order to improve bicycle safety; or (4) carry out any combination of the activities described in paragraphs (1), (2), and (3). SEC. 5. STANDARDS. (a) In General.--Bicycle helmets manufactured 9 months or more after the date of the enactment of this Act shall conform to-- (1) any interim standard described under subsection (b), pending the establishment of a final standard pursuant to subsection (c); and (2) the final standard, once it has been established under subsection (c). (b) Interim Standards.--The interim standards are as follows: (1) The American National Standards Institute standard designated as ``Z90.4-1984''. (2) The Snell Memorial Foundation standard designated as ``B-90''. (3) Any other standard that the Consumer Product Safety Commission determines is appropriate. (c) Final Standard.--Not later than 60 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall begin a proceeding under section 553 of title 5, United States Code, to-- (1) review the requirements of the interim standards set forth in subsection (a) and establish a final standard based on such requirements; (2) include in the final standard a provision to protect against the risk of helmets coming off the heads of bicycle riders; (3) include in the final standard provisions that address the risk of injury to children; and (4) include additional provisions as appropriate. Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall not apply to the proceeding under this subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding. The final standard shall take effect 1 year from the date it is issued. (d) Failure To Meet Standards.-- (1) Failure to meet interim standard.--Until the final standard takes effect, a bicycle helmet that does not conform to an interim standard as required under subsection (a)(1) shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act. (2) Status of final standard.--The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. For the National Highway Traffic Safety Administration to carry out the grant program authorized by this Act, there are authorized to be appropriated $2,000,000 for fiscal year 1994, $3,000,000 for fiscal year 1995, and $4,000,000 for fiscal year 1996. SEC. 7. DEFINITION. In this Act, the term ``approved bicycle helmet'' means a bicycle helmet that meets-- (1) any interim standard described in section 5(b), pending establishment of a final standard under section 5(c); and (2) the final standard, once it is established under section 5(c).

Children's Bicycle Helmet Safety Act of 1993 - Authorizes the Administrator of the National Highway Traffic Safety Administration to make grants to States, political subdivisions, and nonprofit organizations for programs that require or encourage individuals under age 16 to wear approved bicycle helmets. Specifies that such grants may be used to: (1) enforce a law that requires such individuals to wear approved bicycle helmets; (2) assist such individuals to acquire such helmets; and (3) develop and adminster a program to educate such individuals and their families on the importance of wearing such helmets. Sets interim standards for bicycle helmets and provides that a helmet that does not conform shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Directs the Consumer Product Safety Commission to begin a proceeding to review the requirements of the interim standards and establish a final standard that includes provisions to protect against the risk of helmets coming off the heads of bicycle riders and to address the risk of injury to children. Specifies that the final standard shall be considered a consumer product safety standard under the CPSA. Authorizes appropriations.

Children's Bicycle Helmet Safety Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bay Area Regional Water Recycling Program Projects Authorization Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Feasible.--The term ``feasible'' means a project for which-- (A) the planning and environmental studies, together with supporting materials and documentation, have been prepared consistent with Bureau of Reclamation procedures for projects under consideration for financial assistance under the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102-575, as amended, and section 103(d)(3)(F) of the Water Supply, Reliability, and Environmental Improvement Act (Public Law 108-361); and (B) the planning and environmental studies, together with supporting materials and documentation, demonstrate that the project meets the requirements of section 1604 of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102-575), as amended. (2) Financially capable project sponsor.--The term ``financially capable project sponsor'' means a non-Federal project sponsor that is capable of providing-- (A) the non-Federal share of the project costs; and (B) 100 percent of the operations and maintenance costs of the project. (3) Non-federal project sponsor.--The term ``non-Federal project sponsor'' means a State, regional, or local authority or other qualifying entity, such as a water conservation district, water conservancy district, or rural water district or association. (4) Technically and financially viable project.--The term ``technically and financially viable project'' means a project that-- (A) is a technically viable project; and (B) has a financially capable project sponsor. (5) Technically viable project.--The term ``technically viable project'' means a project that-- (A) meets generally acceptable engineering, public health, and environmental standards; and (B) has obtained or is expected to obtain approval of all Federal, State, and local permits necessary for implementation of the project. SEC. 3. BAY AREA REGIONAL WATER RECYCLING PROGRAM PROJECTS. (a) Feasible and Viable.--The Bay Area Regional Water Recycling Program projects described in the amendments made by section 4(a) are hereby-- (1) determined to be feasible and eligible for financial assistance under the Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.); and (2) confirmed as technically and financially viable projects. (b) Statutory Construction.--Nothing in this section shall be construed to affect the applicability of the National Environmental Policy Act of 1969, or any other Federal or State law, with regard to the Bay Area Regional Water Recycling Program projects described in the amendments made by section 4(a). SEC. 4. PROJECT AUTHORIZATIONS. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 16XX. CITY OF PALO ALTO WATER REUSE PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Palo Alto, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,300,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,250,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. PACIFICA RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Pacifica, California, and the North Coast County Water District, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,400,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,100,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. ``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT. ``(a) Authorization.--The Secretary, in cooperation with the City of Gilroy, California, and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water system distribution facilities. ``(b) Cost Share.--The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $7,000,000. ``(e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section.''. (b) Conforming Amendments.--The table of sections in section 2 of Public Law 102-575 is amended by inserting after the item relating to section 16xx the following: ``Sec. 16xx. Palo Alto Water Reuse Project. ``Sec. 16xx. Pittsburg Recycled Water Project. ``Sec. 16xx. Antioch Recycled Water Project. ``Sec. 16xx. Pacifica Recycled Water Project. ``Sec. 16xx. Redwood City Recycled Water Project. ``Sec. 16xx. South Santa Clara County Recycled Water Project.''.

Bay Area Regional Water Recycling Program Projects Authorization Act of 2006 - Deems the Bay Area Regional Water Recycling Program projects authorized by this Act to be feasible and eligible for financial assistance under the Reclamation Wastewater and Groundwater Study and Facilities Act. Confirms such projects as technically and financially viable. Authorizes the Secretary of the Interior to participate in the design, planning, and construction of recycled water distribution systems or recycled water system facilities in cooperation with: (1) Palo Alto, California; (2) Pittsburg, California, and the Delta Diablo Sanitation District; (3) Antioch, California, and the Delta Diablo Sanitation District; (4) Pacifica, California, and the North Coast County Water District; (5) Redwood City, California; and (6) Gilroy, California, and the Santa Clara Valley Water District. Limits the federal share to 25% of each project's cost. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.

To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Entertainment Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Research shows that exposure to video games, television, movies, and other forms of media has powerful effects on the development of children and adolescents and that such effects can be positive or negative depending on the nature and content of the media. (2) Experimental research and longitudinal research conducted over the course of decades shows that exposure to higher levels of violence on television, in movies, and in other forms of media in adolescence causes people in the short- term and, after repeated exposure, even years later to exhibit higher levels of violent thoughts, anti-social and aggressive behavior, fear, anxiety, and hostility, and desensitization to the pain and suffering of others. (3) This evidence is so strong, it has been replicated in so many populations, and it draws on such diverse methodologies that a 2003 comprehensive review of the literature concluded ``the scientific debate over whether media violence increases aggression and violence is essentially over'' and 6 major medical and public health organizations, including the American Medical Association and the American Psychological Association, issued a Joint Statement to Congress in 2000 stating that research points ``overwhelmingly to a causal connection between media violence and aggressive behavior''. (4) New research shows that exposure to violent video games causes similar effects as does exposure to violence in other media, including increased levels of aggression in both the short-term and long-term, and research shows that the uniquely interactive, engaging nature of video games may be especially powerful in shaping children's thoughts, feelings, and behaviors. (5) Research shows that children are more likely to imitate the actions of a character with whom they identify, and in violent video games the player is often provided with a behavioral script where he or she takes the point of view of the shooter or perpetrator. (6) Research shows that children are more likely to learn from behaviors that they repeat over and over again and behaviors that they are rewarded for taking, and in most video games, surveys show, players repeat actions over and over again, aggression goes unpunished, and perpetrators are rewarded for taking aggressive action (7) The video game industry, through the Entertainment Software Ratings Board, has created a system of self- regulation, and a system to provide information to parents about the nature and content of video games. (8) The Entertainment Software Ratings Board has determined that certain video games contain intense violence and explicit sexual content that makes them inappropriate for minors, and has rated these games Mature and Adults-Only. (9) Research shows that children whose parents monitor and control their access to violent media are less likely to demonstrate the negative effects of such media. (10) Parents rely on the Entertainment Software Ratings Board ratings system to protect their children from inappropriate material yet, numerous studies have demonstrated that young people can access Mature-rated games with relative ease. (11) There is a need to enact legislation to ensure that the ratings system is meaningful. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Business.--The term ``business'' means any ongoing lawful activity that is conducted-- (A) primarily for the purchase, sale, lease, or rental of personal or real property, or for the manufacture, processing, or marketing of products, commodities, or any other personal property; or (B) primarily for the sale of services to the public. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Entertainment software ratings board.--The term ``Entertainment Software Ratings Board'' means the independent rating system, or any successor ratings system-- (A) established by the Interactive Digital Software Association; and (B) developed to provide information to consumers regarding the content of video and computer games. (4) Video game.--The term ``video game'' means an electronic object or device that-- (A) stores recorded data or instructions; (B) receives data or instructions generated by the person who uses it; and (C) by processing such data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology. SEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS. (a) In General.--No business shall sell or rent, or permit the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years. (b) Affirmative Defenses.-- (1) In general.--It shall be a defense to any prosecution for a violation of the prohibition under subsection (a) that a business-- (A) was shown an identification document, which the business reasonably believed to be valid, indicating that the individual purchasing or renting the video game had attained the age of 17 years or older; or (B) had an established ratings enforcement policy-- (i) as evidenced by-- (I) cash register prompts reminding employees of that business to check for identification stating that a customer is of an appropriate age to purchase or rent a video game, or an established video game age identification training program for employees of that business; (II) clear labels indicating the rating on each video game sold or rented by that business; and (III) signs on the wall of the business property explaining, in simple, easy-to-understand language, the ratings enforcement policy of that business; or (ii) as evidenced by an online age verification system, in the case of online sales. (2) Limitation.--If a business is found to repeatedly violate the prohibition in subsection (a) despite the adoption by such business of an established ratings policy as described in paragraph (1)(B), such business shall be prohibited in any prosecution for a violation of this section from using any of the defenses listed in subsection (b). (c) Penalty.--The manager or agent of the manager acting in a managerial capacity of a business found to be in violation of the prohibition under subsection (a) shall be subject to a civil penalty, community service, or both not to exceed-- (1) $1,000 or 100 hours of community service for the first violation; and (2) $5,000 or 500 hours of community service for each subsequent violation. SEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIPPAGE. (a) In General.--The Commission shall contract with an organization with expertise in evaluating video game content and that has no financial or personal interest, connection, or tie with the video game industry, to determine, in a written report, on an annual basis, whether the ratings established by the Entertainment Software Ratings Board remain consistent and reliable over time. (b) Content of Analysis.--Each annual analysis report required under subsection (a) shall-- (1) evaluate a random sample of video games, representing the full menu of Entertainment Software Ratings Board ratings; (2) determine whether each such rating has essentially the same meaning from year to year; and (3) compare Entertainment Software Ratings Board ratings to independent, valid, and reliable rating systems ratings. SEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS. The Commission shall conduct, and make public the results of, an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully. SEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RATINGS. (a) In General.--The Commission shall conduct, to the extent practicable, an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate-- (1) what proportion of video games contain embedded content that is inconsistent with the rating given to such games, and what proportion of the domestic market such games represent; (2) what proportion of video games containing embedded content that is inconsistent with the rating given to such games are known to the video game manufacturer at the time of the commercial release of the game to contain embedded content, and what proportion of the domestic market such games represent; and (3) whether video game manufacturers have the capacity to ensure that video games do not contain embedded content that is inconsistent with the ratings given to such games. (b) Sense of Congress.--It is the sense of Congress that whenever the Commission determines that the content of a video game, either immediately accessible or embedded but accessible through a keystroke combination, pass-code, or other technological means, is inconsistent with the rating given to such game, the Commission shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce as authorized under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (c) Timing of Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall report to Congress the findings of its investigation under subsection (a). SEC. 8. AUTHORITY TO REGISTER COMPLAINTS. (a) In General.--The Bureau of Consumer Protection of the Federal Trade Commission shall ensure that consumers can file complaints alleging that content-descriptions or labels on a video game are misleading or deceptive using the same Commission Consumer Complaint procedure by which the Bureau of Consumer Protection accepts complaints concerning other forms of unfair, deceptive, or fraudulent advertising, including through an easily accessible online filing system. (b) Report to Congress.--The Bureau of Consumer Protection shall tabulate and report to Congress, on an annual basis, the number of complaints under subsection (a) levied against each video game manufacturer and business. SEC. 9. EFFECTIVE DATE. This Act shall become effective 120 days after the date of enactment of this Act.

Family Entertainment Protection Act - Prohibits a business from selling, renting, or permitting the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years. Subjects violators of this Act to a civil penalty. Requires the Federal Trade Commission (FTC) to contract with an expert, independent organization to determine annually whether Board ratings remain consistent and reliable. Authorizes the FTC to conduct: (1) and publicize the results of an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully; and (2) an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate certain data about video games with embedded content. Expresses the sense of Congress that whenever the FTC determines that the content of a video game is inconsistent with the rating given to such game, it shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce. Requires the FTC's Bureau of Consumer Protection to ensure that consumers can file complaints alleging misleading or deceptive content-descriptions or labels on a video game using the same procedure (including an easily accessible online filing system) by which complaints are now accepted concerning other forms of unfair, deceptive, or fraudulent advertising.

A bill to limit the exposure of children to violent video games.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Improvement Act of 1994''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the single family housing mortgage insurance program of the Department of Housing and Urban Development is a significant factor in promoting first-time and affordable homeownership in the United States; (2) use of mortgage financing under the program has decreased in recent years, due in part to increasing complexity of mortgage origination and servicing under the program; (3) simplifying and streamlining the loan criteria and loan approval process under the program would have a positive effect on use of the program without increasing risk to the Mutual Mortgage Insurance Fund; and (4) flexible lending products can be developed without increasing risk to the Mutual Mortgage Insurance Fund. SEC. 3. LOAN FLOOR. Subparagraph (A) of the first sentence of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking the matter following clause (ii) and inserting the following: ``except that the applicable dollar amount limitation in effect under this subparagraph (A) for any area may not be less than the greater of-- ``(I) the dollar amount limitation in effect under this section for the area on the date of enactment of the FHA Improvement Act of 1994; or ``(II) the applicable average area purchase price determined under section 143(e)(2) of the Internal Revenue Code of 1986, as adjusted by the Secretary to reflect a single amount using purchase prices for residences that have been previously occupied, and for residences that have not been so occupied, which amount shall be adjusted by the Secretary annually on the basis of the Constant Quality Housing Price Index;''. SEC. 4. CALCULATION OF DOWNPAYMENT. Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended-- (1) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) except as otherwise provided in this paragraph (2), not in excess of-- ``(i) 98.75 percent of the appraised value of the property, in the case of a mortgage with an appraised value equal to or less than $50,000, or ``(ii) 97.5 percent of the appraised value of the property, in the case of a mortgage with an appraised value in excess of $50,000, plus the amount of the mortgage insurance premium paid at the time the mortgage is insured.''; (2) by striking the 2d sentence of the matter following subparagraph (B); and (3) in penultimate undesignated paragraph-- (A) in the 2d sentence, by striking ``the preceding sentence'' and inserting ``this subsection''; and (B) by striking the first sentence. SEC. 5. ISSUANCE OF INSURANCE BY MORTGAGEES. Section 215 of the National Housing Act (12 U.S.C. 1715f) is amended-- (1) by inserting ``(a) Mortgages Without Insured Permanent Financing.--'' after ``Sec. 215''; and (2) by adding at the end the following new subsection: ``(b) Issuance of Insurance Certificates by Mortgagee.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall implement a system for insuring mortgages under this title involving properties upon which are located 1- to 4-family dwelling units that provides that any mortgagee that is authorized by the Secretary to process mortgages as direct endorsement mortgages may endorse a mortgage for insurance, execute a firm commitment for insurance binding upon the Secretary, and issue a certificate of mortgage insurance under this title, without review and approval by the Secretary of the specific mortgage.''. SEC. 6. ELIMINATION OF RESTRICTIONS REGARDING NEW CONSTRUCTION. (a) In General.--Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended, in the matter following subparagraph (B) (as amended by section 3 of this Act)-- (1) in the 1st undesignated paragraph, by striking ``Notwithstanding any other provision of this section,'' and all that follows through ``beginning of construction.''; and (2) by striking the 2d undesignated paragraph (relating to mortgage insurance amounts for residences having solar energy systems) (b) Repeal of Authority to Expend Amounts From Insurance Fund to Correct Substantial Defects.--Section 518 of the National Housing Act (12 U.S.C. 1735b) is hereby repealed. SEC. 7. AUTHORITY TO USE AMOUNTS BORROWED FROM FAMILY MEMBERS FOR DOWNPAYMENTS. (a) In General.--Section 203(b)(9) of the National Housing Act (12 U.S.C. 1709(b)(9)) is amended by inserting before the period at the end the following: ``: Provided further, That for purposes of this paragraph, the Secretary shall consider as cash or its equivalent any amounts borrowed from a family member (as such term is defined in section 201), subject only to the requirements that, in any case in which the repayment of such borrowed amounts is secured by a lien against the property, such lien shall be subordinate to the mortgage and the sum of the principal obligation of the mortgage and the obligation secured by such lien may not exceed 100 percent of the appraised value of the property plus any initial service charges, appraisal, inspection, and other fees in connection with the mortgage''. (b) Definition of Family Member.--Section 201 of the National Housing Act (12 U.S.C. 1707) is amended by adding at the end the following new subsections: ``(e) The term `family member' means, with respect to a mortgagor under such section, a child, parent, or grandparent of the mortgagor (or the mortgagor's spouse). In determining whether any of the relationships referred to in the preceding sentence exist, a legally adopted son or daughter of an individual (and a child who is a member of an individual's household, if placed with such individual by an authorized placement agency for legal adoption by such individual), and a foster child of an individual, shall be treated as a child of such individual by blood. ``(f) The term `child' means, with respect to a mortgagor under such section, a son, stepson, daughter, or stepdaughter of such mortgagor.''. SEC. 8. APPROVAL OF CONDOMINIUM PROJECTS. Section 234 of the National Housing Act (12 U.S.C. 1715y) is amended by striking subsection (k) and inserting the following new subsection: ``(k) Approval of Projects.-- ``(1) In general.--A mortgage covering a multifamily project or a condominium unit in a multifamily project shall be eligible for mortgage insurance under this section notwithstanding any other provision of this section relating to requirements for multifamily projects if the project has been approved by a government-sponsored housing enterprise and-- ``(A) in the case of a mortgage covering any condominium unit in the project, the mortgage otherwise complies with the requirements under this section regarding eligibility of mortgages for mortgage insurance provided under subsection (c); and ``(B) in the case of a blanket mortgage covering the multifamily project, the mortgage otherwise complies with the requirements under this section regarding eligibility of mortgages for mortgage insurance provided under subsection (d). ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) The term `approved by a government-sponsored housing enterprise' means, with respect to a multifamily housing project having a condominium ownership structure, that a government-sponsored housing enterprise has determined that any mortgage covering the project or any condominium property in the project may be purchased by the enterprise if such mortgage is otherwise determined by the enterprise to meet the standards and requirements of the enterprise relating to mortgages. ``(B) The term `condominium unit' means, with respect to a multifamily property, a 1-family dwelling unit in the project and an undivided interest in the common areas and facilities that serve the project. ``(C) The term `government-sponsored housing enterprise' means-- ``(i) the Federal National Mortgage Association; and ``(ii) the Federal Home Loan Mortgage Corporation.''. SEC. 9. INSURANCE OF 2-STEP SINGLE FAMILY MORTGAGES. Title II of the National Housing Act (12 U.S.C. 1701 et seq.) is amended by adding at the end the following new section: ``2-step single family mortgages ``Sec. 256. (a) Authority.--After making the finding required under subsection (d), the Secretary may insure under any provision of this title a mortgage involving property upon which there is located a dwelling designed principally for occupancy by 1 to 4 families, where the mortgage provides that the effective rate of interest charged is-- ``(1) fixed for the duration of a specified period that consists of not less than the first 5 years of the mortgage term; ``(2) adjusted by the mortgagee upon the expiration of the specified period referred to in paragraph (1) for the mortgage; and ``(3) for the term of the mortgage remaining after such adjustment-- ``(A) fixed at the adjusted rate established pursuant to paragraph (2); or ``(B) periodically adjusted by the mortgagee. ``(b) Redetermination of Rate.--For each mortgage insured pursuant to this section, the adjustment of the effective rate of interest pursuant to subsection (a)(2) may be accomplished through adjustments in the monthly payment amount, the outstanding principal balance, or the mortgage term, or a combination of such factors, except that in no case may any extension of a mortgage term result in a total term in excess of 40 years. The adjustment in the effective rate of interest shall correspond to a specified national interest rate index that is approved in regulations issued by the Secretary and information on which is readily accessible to the mortgagors from generally available published sources. ``(c) Limitations on Second-Step Periodic Rates.--For each mortgage insured pursuant to this section for which the effective rate of interest charged pursuant to subsection (a)(3) is periodically adjusted under subparagraph (B) of such subsection, such adjustments in the interest rate-- ``(1) may be accomplished through adjustments in the monthly payment amount, the outstanding principal balance, or the mortgage term, or a combination of such factors, except that in no case may any extension of a mortgage term result in a total term in excess of 40 years; ``(2) shall correspond to a specified national interest rate index that is approved in regulations issued the Secretary and information on which is readily accessible to the mortgagors from generally available published sources; ``(3) shall be made on an annual basis; ``(4) shall be limited, with respect to any single interest rate increase, to no more than 1 percent on the outstanding loan balance; and ``(5) be limited to a maximum increase of 5 percentage points above the initial contract interest rate over the term of the mortgage. ``(d) Conditions on Insuring Authority.--The Secretary may insure mortgages pursuant to this section only after determining that the risk posed by such insurance to the financial safety and soundness of the insurance fund of which the mortgage insurance is an obligation does not exceed such risk posed by insurance of mortgages of equivalent terms having fixed interest rates over such terms. ``(e) Description of Features.--The Secretary shall issue regulations requiring that the mortgagee make available to the mortgagor, at the time of loan application, a written explanation of the features of the 2-step mortgage insured pursuant to this section. ``(f) Limitation of Total Number of Mortgages Insured.--The aggregate number of mortgages and loans insured pursuant to this section in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year.''. SEC. 10. STUDY REGARDING MORTGAGE INSURANCE PREMIUMS AND MORTGAGE AMOUNT LIMITATIONS. The Secretary of Housing and Urban Development shall conduct a study to determine-- (1) various methods of decreasing the amounts of the up- front and annual premiums charged for mortgage insurance under the single family home mortgage insurance program under title II of the National Housing Act; and (2) the effects of such various methods on the financial safety and soundness of the Mutual Mortgage Insurance Fund. Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress containing the findings of the study under this section and any recommendations of the Secretary resulting from such findings.

FHA Improvement Act of 1994 - Amends the National Housing Act to revise the single family mortgage insurance program. Directs the Secretary of Housing and Urban Development to study mortgage insurance premiums and mortgage amount limitations.

FHA Improvement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Security Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) National Neighborhood Watch was created by the National Sheriffs Association in 1972 through funding provided by the Law Enforcement Assistance Administration. (2) Neighborhood Watch is a voluntary program that supports local efforts to safeguard communities. (3) A national registry of Neighborhood Watch units does not exist. (4) On January 30, 2002, President Bush announced the creation of Citizen Corps. Beginning in September 2002, in cooperation of the National Sheriffs Association, Citizen Corps has aimed to encourage citizens to form Neighborhood Watch groups in their local communities to bolster homeland security. (5) Citizens in local communities should be encouraged and empowered to engage in homeland security activities to reduce the threat to homeland security from terrorism. (6) The Nation's homeland security system should do as much as possible to-- (A) encourage the creation of, and participation in, high-quality Neighborhood Watch programs in local communities; (B) disseminate information about homeland security efforts; and (C) educate citizens on how to prevent, and respond to, possible terrorist attacks. (b) Purposes.--The purposes of this Act are as follows: (1) To provide each community in each city, suburb, and small town within the United States with the opportunity to establish an effective Neighborhood Watch in which all community members have the opportunity to participate. (2) To create 50,000 new Neighborhood Watches by the end of 2007. (3) To enhance the quality of existing Neighborhood Watches. SEC. 3. NEIGHBORHOOD WATCH GRANTS. (a) Grants Authorized.-- (1) In general.--The Attorney General, through the Office of Justice Programs, is authorized to award 1 or more grants to eligible entities to develop and improve Neighborhood Watches throughout the Nation. (2) Eligible entities.--Nonprofit organizations and professional associations are eligible to receive grants under this section. (b) Use of Funds.--Grants awarded pursuant to subsection (a) shall be used to-- (1) complete a survey of Neighborhood Watches that identifies such programs by ZIP code; (2) establish a national registry of Neighborhood Watch leaders, with appropriate contact information; (3) through the survey under paragraph (1), identify best practices and model programs among Neighborhood Watches for-- (A) educating community members with respect to the prevention of terrorism and crime; (B) preventing or assisting with the prevention of terrorism and crime; (C) appropriately responding to terrorism and crime; and (D) achieving broad community involvement in activities under subparagraphs (A) through (C); (4) using the best practices identified in paragraph (3), create a manual for communities seeking to-- (A) establish a new Neighborhood Watch; or (B) improve an existing Neighborhood Watch; and (5) engage in outreach and respond to inquiries in order to disseminate information about-- (A) the benefits of effective Neighborhood Watches; (B) the means to establish new Neighborhood Watches; and (C) the means to improve existing Neighborhood Watches. (6) In response to an appropriate request to create a Neighborhood Watch, the grantee shall provide a Neighborhood Watch start-up kit which includes material useful for a Neighborhood Watch that is identified by the grantee. (c) Application.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2) Criteria.--Applicants for grants under this section shall be selected based on-- (A) the applicant's ability to carry out the activities described in subsection (b); (B) the applicant's experience coordinating Neighborhood Watches; (C) adequate consultation with state and local law enforcement; and (D) and other criteria, as determined by the Attorney General. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for fiscal year 2004 and such sums as are necessary for fiscal years 2005 through 2008 to carry out this Act and the amendments made by this Act.

Neighborhood Security Act of 2003 - Authorizes the Attorney General, through the Office of Justice Programs, to award grants to nonprofit organizations and professional associations to develop and improve Neighborhood Watches throughout the Nation.Requires grants to be used to: (1) complete a survey that identifies Neighborhood Watches by ZIP code; (2) establish a national registry of Neighborhood Watch leaders; (3) identify best practices and model programs among Neighborhood Watches for preventing and responding to terrorism and crime; (4) create a manual for communities seeking to establish or improve a Neighborhood Watch; (5) engage in outreach and respond to inquiries to disseminate information about the benefits of effective Neighborhood Watches and the means to establish or improve them; and (6) provide a Neighborhood Watch start-up kit upon request.

A bill to assist the Neighborhood Watch program to empower communities and citizens to enhance awareness about threats from terrorism and weapons of mass destruction, and encourage local communities to better prepare to respond to terrorist attacks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Science Research Investment Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Office of Science is the largest Federal sponsor of civilian research in the physical sciences and plays a major role in supporting interdisciplinary research that contributes to other scientific fields, including the life sciences, mathematics, computer science, engineering, and the environmental sciences. (2) The Department of Energy's laboratories have scientific capabilities that are unmatched in typical academic or industrial institutions. Their scientific teams can develop integrated approaches to grand scientific challenges that are often beyond the reach of individual experimenters. The Human Genome Project exemplifies this capability. (3) The facilities at the Department of Energy's laboratories are invaluable to scientists across disciplines, including those from academia, industry, and government. (4) For more than half a century, science research has had an extraordinary impact on the economy, national security, medicine, energy, life sciences, and the environment. In the economic arena, studies show that about half of all United States post-World War II economic growth is a direct result of technological innovation stemming from scientific research. (5) The Department of Energy's Office of Science programs, in constant dollars, have been flat funded for more than a decade, placing our scientific leadership in jeopardy and limiting the generation of ideas that will enhance our security and drive future economic growth. (6) Because the cost of doing research increases at a faster rate than the Consumer Price Index, flat funding for the Office of Science has led to a decline in the number of grants awarded, students trained, and scientists supported. Flat and erratic funding has also led to an underutilization of the facilities that the United States has invested hundreds of millions of dollars to construct. (7) Higher funding levels for the Office of Science will provide more opportunities for young Americans to enter the fields of mathematics, engineering, and the physical sciences, helping to alleviate an increasing over-reliance on foreign talent in these fields. TITLE I--OFFICE OF SCIENCE AUTHORIZATION SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (a) Program Direction.--The Secretary of Energy, acting through the Office of Science, shall-- (1) conduct a comprehensive program of fundamental research, including research on chemical sciences, physics, materials sciences, biological and environmental sciences, geosciences, engineering sciences, plasma sciences, mathematics, and advanced scientific computing; (2) maintain, upgrade, and expand the scientific user facilities maintained by the Office of Science and ensure that they are an integral part of the departmental mission for exploring the frontiers of fundamental science; (3) maintain a leading-edge research capability in the energy-related aspects of nanoscience and nanotechnology, advanced scientific computing and genome research; and (4) ensure that its fundamental science programs, where appropriate, help inform the applied research and development programs of the Department. (b) Fiscal Year 2004.-- (1) In general.--There are authorized to be appropriated to the Office of Science $3,624,454,000 for fiscal year 2004. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $3,494,454,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $80,000,000. (C) New construction: $50,000,000. (c) Fiscal Year 2005.-- (1) In general.--There are authorized to be appropriated to the Office of Science $4,015,000,000 for fiscal year 2005. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $3,820,000,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $130,000,000. (C) New construction: $65,000,000. (d) Fiscal Year 2006.-- (1) In general.--There are authorized to be appropriated to the Office of Science $4,618,000,000 for fiscal year 2006. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $4,243,000,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $205,000,000. (C) New construction: $170,000,000. (e) Fiscal Year 2007.-- (1) In general.--There are authorized to be appropriated to the Office of Science $5,310,000,000 for fiscal year 2007. (2) Specific allocations.--The amount authorized under paragraph (1) shall be allocated as follows: (A) General research activities (including university programs, facilities operations, national laboratory programs, accelerator research and development, workforce development, construction carryovers from years prior to fiscal year 2004, and program administration): $4,815,000,000. (B) Initiatives consistent with interagency guidance (among them nanoscience centers, advanced complex-simulation computing, and Genomes-to-Life centers): $215,000,000. (C) New construction: $280,000,000. SEC. 102. REPORTING. Not later than 60 days after the date of enactment of legislation providing for the annual appropriation of funds for the Office of Science, the Director of the Office of Science, henceforth referred to as the Assistant Secretary of Science, in accordance with section 201(b) of this Act, shall submit to the Committee on Science of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a plan for the allocation of funds authorized by this Act for the corresponding fiscal year. The plan shall include a description of how the allocation of funding will-- (1) affect trends in research support for major fields and subfields of the physical sciences, mathematics, and engineering, including emerging multidisciplinary areas; (2) affect the utilization of the Department's facilities; (3) address the workforce needs by field of science, mathematics, and engineering; and (4) ensure that research in the physical sciences, mathematics, and engineering is adequate to address important research opportunities in these fields. TITLE II--SCIENCE MANAGEMENT SEC. 201. IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN SCIENCE AND TECHNOLOGY PROGRAMS. (a) Effective Top-Level Coordination of Research and Development Programs.--Section 202(b) of the Department of Energy Organization Act (42 U.S.C. 7132(b)) is amended to read as follows: ``(b)(1) There shall be in the Department an Under Secretary for Energy Research and Science, who shall be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(2) The Under Secretary for Energy Research and Science shall be appointed from among persons who-- ``(A) have extensive background in scientific or engineering fields; and ``(B) are well qualified to manage the civilian research and development programs of the Department of Energy. ``(3) The Under Secretary for Energy Research and Science shall-- ``(A) serve as the Science and Technology Advisor to the Secretary; ``(B) monitor the Department's research and development programs in order to advise the Secretary with respect to any undesirable duplication or gaps in such programs; ``(C) advise the Secretary with respect to the well-being and management of the science laboratories under the jurisdiction of the Department; ``(D) advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department; ``(E) advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; and ``(F) exercise authority and responsibility over Assistant Secretaries carrying out energy research and development and energy technology functions under sections 203 and 209, as well as other elements of the Department assigned by the Secretary.''. (b) Reconfiguration of Position of Director of the Office of Science.--Section 209 of the Department of Energy Organization Act (41 U.S.C. 7139) is amended to read as follows: ``office of science ``Sec. 209. (a) There shall be within the Department an Office of Science, to be headed by an Assistant Secretary of Science, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. ``(b) The Assistant Secretary of Science shall be in addition to the Assistant Secretaries provided for under section 203 of this Act. ``(c) It shall be the duty and responsibility of the Assistant Secretary of Science to carry out the fundamental science and engineering research functions of the Department, including the responsibility for policy and management of such research, as well as other functions vested in the Secretary which he may assign to the Assistant Secretary.''. (c) Additional Assistant Secretary Position To Enable Improved Management of Nuclear Energy Issues.--(1) Section 203(a) of the Department of Energy Organization Act (42 U.S.C. 7133(a)) is amended by striking ``There shall be in the Department six Assistant Secretaries'' and inserting ``Except as provided in section 209, there shall be in the Department seven Assistant Secretaries''. (2) It is the sense of the House of Representatives that the leadership for departmental missions in nuclear energy should be at the Assistant Secretary level. (d) Technical and Conforming Amendments.--(1) Section 202 of the Department of Energy Organization Act (42 U.S.C. 7132) is further amended by adding the following at the end: ``(d) There shall be in the Department an Under Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe, consistent with this section. The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(e) There shall be in the Department a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate. The General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. (2) Section 5314 of title 5, United States Code, is amended by striking ``Under Secretaries of Energy (2)'' and inserting ``Under Secretaries of Energy (3)''. (3) Section 5315 of title 5, United States Code, is amended by-- (A) striking ``Director, Office of Science, Department of Energy.''; and (B) striking ``Assistant Secretaries of Energy (6)'' and inserting ``Assistant Secretaries of Energy (8)''. (4) The table of contents for the Department of Energy Organization Act (42 U.S.C. 7101 note) is amended-- (A) by striking ``Section 209'' and inserting ``Sec. 209''; (B) by striking ``213.'' and inserting ``Sec. 213.''; (C) by striking ``214.'' and inserting ``Sec. 214.''; (D) by striking ``215.'' and inserting ``Sec. 215.''; and (E) by striking ``216.'' and inserting ``Sec. 216.''. SEC. 202. SCIENCE ADVISORY BOARD FOR THE OFFICE OF SCIENCE. (a) Establishment.--There shall be in the Office of Science a Science Advisory Board, comprising the chairs of the advisory panels for each of the programs. (b) Responsibilities.--The Science Advisory Board shall-- (1) serve as the science advisor to the Assistant Secretary of Science; (2) advise the Assistant Secretary with respect to the well-being and management of the multipurpose laboratories; (3) advise the Assistant Secretary with respect to education and workforce-training activities required for effective short- and long-term basic and applied research activities of the Office of Science; and (4) advise the Assistant Secretary with respect to the well-being of the university research programs supported by the Office of Science.

Energy and Science Research Investment Act of 2003 - Instructs the Secretary of Energy to: (1) conduct a comprehensive fundamental research program in designated sciences; and (2) upgrade and expand scientific user facilities maintained by the Office of Science in order to ensure that fundamental science programs aid the applied research and development programs of the Department of Energy (DOE).Authorizes appropriations for FY 2004 through 2007.Amends the Department of Energy Organization Act to establish within DOE: (1) an Under Secretary for Energy Research and Science, to serve as the Science and Technology Advisor to the Secretary, and to exercise authority and responsibility over Assistant Secretaries implementing energy research and development, and energy technology functions; (2) an Assistant Secretary of Science to head the Office of Science (currently headed by a Director); (3) an additional position for Assistant Secretary; (4) the position of General Counsel; and (5) a Science Advisory Board composed of the chairs of the advisory panels for each of the programs.

To authorize appropriations for fiscal years 2004, 2005, 2006, and 2007 for the Department of Energy Office of Science, to ensure that the United States is the world leader in key scientific fields by restoring a healthy balance of science funding, to ensure maximum utilization of the national user facilities, and to secure the Nation's supply of scientists for the 21st century, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Education for Returning Veterans Act of 2008''. SEC. 2. GRANT PROGRAM FOR SUPPORT OF VETERANS AT INSTITUTIONS OF HIGHER EDUCATION. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: ``PART F--PROGRAM FOR SUPPORT OF VETERANS AT INSTITUTIONS OF HIGHER EDUCATION ``SEC. 781. GRANT PROGRAM FOR SUPPORT OF VETERANS AT INSTITUTIONS OF HIGHER EDUCATION. ``(a) Grants Authorized.-- ``(1) In general.--Subject to the availability of appropriations, the Secretary is authorized to award grants to institutions of higher education to enable the institutions of higher education to establish programs that support veterans who are students at such institutions by providing and coordinating services that address the academic, financial, physical, and social needs of such veterans. ``(2) Grant period.--A grant awarded under this section shall be awarded for a period of 3 years. ``(b) Selection of Grant Recipients.-- ``(1) Application.--An institution of higher education seeking a grant under this section shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. ``(2) Approval.--The Secretary shall, in consultation with the Secretary of Veterans Affairs, approve or disapprove each application submitted by an institution of higher education under paragraph (1). In determining whether to approve or disapprove an application, the Secretary shall consider the following: ``(A) The number of veterans enrolled as students at the institution of higher education. ``(B) The needs of such veterans at such institution. ``(C) The ability of such institution to sustain a Center of Excellence for Veteran Student Success described in subsection (c)(2)(A) after the completion of the grant period described in subsection (a)(2). ``(D) The equitable distribution of grants under this section among various types and sizes of institutions of higher education. ``(E) The equitable geographic distribution of grants under this section. ``(F) The equitable distribution of grants under this section among rural and urban areas. ``(c) Use of Grant Funds.-- ``(1) Program required.--Each institution of higher education receiving a grant under this section shall use the grant to establish a program that supports each veteran who is a student at such institution by providing and coordinating services that address the academic, financial, physical, and social needs of such veteran. ``(2) Required program activities.--Each program established under paragraph (1) shall include the following: ``(A) Establishing a Center of Excellence for Veteran Student Success on the campus of the institution of higher education that provides a single point of contact to coordinate comprehensive support services for veterans who are students, including the following: ``(i) Admissions. ``(ii) Registration. ``(iii) Financial aid. ``(iv) Veterans benefits. ``(v) Academic advising. ``(vi) Student health. ``(vii) Personal or mental health counseling. ``(viii) Career advising. ``(ix) Disabilities services. ``(B) Establishing a support team for veterans who are students, including representatives from the student veteran association and veteran service office of such institution of higher education, if any. ``(C) Providing a full-time or part-time coordinator whose primary responsibility is to coordinate the program. ``(D) With respect to such veterans, monitoring the rates of enrollment, persistence, and completion of programs of education at such institution. ``(3) Optional program activities.--With respect to veterans who are students at an institution of higher education receiving a grant under this section, a program established under paragraph (1) by such institution may include the following: ``(A) Outreach to, and recruitment of, veterans. ``(B) Supportive instructional services for veterans, which may include-- ``(i) personal, academic, and career counseling, as an ongoing part of the program; ``(ii) tutoring and academic skill-building instruction assistance, as needed; and ``(iii) assistance with special admissions and transfer of credit from previous postsecondary education or experience. ``(C) Assistance in obtaining student financial aid. ``(D) Housing support. ``(E) Providing classes that are limited to veterans to help them fulfill general education requirements. ``(F) Providing activities designed to ease the transition of veterans to life on the campus of such institution. ``(G) Support for veteran student organizations and veteran student support groups on campus. ``(H) Coordination of academic advising and admissions counseling with military bases and National Guard and Reserve units in the area. ``(I) Such other support services as the institution considers necessary to ensure the success of veterans in achieving the veterans' educational and career goals. ``(d) Evaluation and Accountability Plan.--The Secretary shall develop an evaluation and accountability plan for programs established under subsection (c)(1) to measure the impact of such programs, including an objective measure of whether the rates of enrollment, persistence, and completion of programs of education at institutions of higher education by veterans increase as a result of such programs.''.

Supporting Education for Returning Veterans Act of 2008 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award three-year grants to institutions of higher education to establish programs that support veterans who are students by providing and coordinating services that address their academic, financial, physical, and social needs. Requires each grantee to establish a campus Center of Excellence for Veteran Student Success that provides a single point of contact for the coordination of comprehensive support services for students who are veterans. Requires the Secretary to develop an evaluation and accountability plan for measuring the effect such programs have on veterans' success in postsecondary education.

A bill to amend the Higher Education Act of 1965 to authorize the Secretary of Education to provide grants to institutions of higher education to establish programs for the provision of services and support to veterans who are students at such institutions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Census Participation Enhancement Act of 1999''. SEC. 2. DEFINITIONS. (a) 2000 Census.--The term ``2000 census'' means the 2000 decennial census of population. (b) Bureau.--The term ``Bureau'' means the Bureau of the Census. (c) Indian Tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (d) Indian Lands.--For purposes of this title, the term ``Indian lands'' shall include lands within the definition of ``Indian country'', as defined in 18 U.S.C. 1151; or ``Indian reservations'' as defined in section 3(d) of the Indian Financing Act of 1974, 25 U.S.C. 1452(d), or section 4(10) of the Indian Child Welfare Act, 25 U.S.C. 1903(10). For purposes of this definition, such section 3(d) of the Indian Financing Act of 1974 shall be applied by treating the term ``former Indian reservations in Oklahoma'' as including only those lands which are within the jurisdictional area of an Oklahoma Indian Tribe (as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under 25 CFR part 151 (as in effect on the date of enactment of this sentence). (e) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (f) Tribal Organization.--The term ``tribal organization'' has the meaning given that term by section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). SEC. 3. FINDINGS AND PURPOSES. The Congress finds that-- (1) article I of the United States Constitution provides that an enumeration be taken of the United States population every 10 years to permit the apportionment of Representatives and for other purposes; (2) information collected through the decennial census is used to determine-- (A) the boundaries of congressional districts within States; (B) the boundaries of the districts for the legislature of each State and the boundaries of other political subdivisions within the States; and (C) the allocation of billions of dollars of Federal and State funds; (3) the enumeration of Native Americans has not been accurate and has led to an undercounting of the Native American population living on Indian lands and in rural areas; (4) the United States has a legal obligation to conduct an enumeration of the census in all communities in the United States, including Native communities; and (5) Tribal governments and Native Americans have an obligation to answer the census and ensure they are represented in the census. TITLE I--GRANTS TO TRIBES AND ORGANIZATIONS SECTION 1. PROGRAM AUTHORIZATION. In order to improve Native American participation in the 2000 census, the Secretary may, in accordance with the provisions of this Act, provide for grants to be made to Indian tribes and tribal organizations, consistent with the purposes of this Act. SEC. 2. APPLICATIONS. (a) Applications Required.--Each entity referred to in section 2 that wishes to receive a grant under this Act shall submit an application at such time, in such form, and complete with such information as the Secretary shall by regulation require, except that any such application shall include at least-- (1) a statement of the objectives for which the grant is sought; and (2) a description of the types of programs and activities for which the grant is sought. (b) Notice of Approval or Disapproval.--Each entity submitting an application under subsection (a) shall, not later than 60 days after the date of its submission, be notified in writing as to whether such application is approved or disapproved. SEC. 3. MATCHING REQUIREMENT. (a) In General.--A grant may not be made to an entity under this Act unless such entity agrees, with respect to the costs to be incurred by such entity in carrying out the programs an activities for which the grant is made, to make available non-Federal contributions in an amount equal to not less than 50 percent of the Federal funds provided under the grant. (b) Non-Federal Contributions.--An entity receiving a grant under this Act may meet the requirement under subsection (a) through-- (1) the use of amounts from non-Federal sources; or (2) in-kind contributions, fairly evaluated, but only if and to the extent allowable under section 9. SEC. 4. ALLOCATION. The Secretary shall allocate the amounts appropriated to carry out this Act equitably and in a manner that best achieves the purposes of this Act. SEC. 5. USE OF GRANT FUNDS. A grant made under this Act may be used only for one or more of the following: (1) To train volunteers to assist individuals residing on Indian lands to complete and return census questionnaires. (2) To educate Native American and the public about the importance of participating in the 2000 census. (3) To educate Native Americans and the public about the confidentiality that is accorded to information collected in the 2000 census. (4) To recruit candidates to apply for census office and field enumerator positions. (5) To sponsor community events to promote the 2000 census. (6) To produce community-tailored promotional materials. (7) To rent space to provide any of the training described in this section. SEC. 6. REGULATIONS. Any regulations to carry out this Act shall be prescribed not later than 60 days after the date of enactment of this Act. The regulations shall include-- (1) provisions requiring that any application for a grant under this Act be submitted to the appropriate regional center or area office of the Bureau of the Census, as identified under the regulations; and (2) provisions under which the decision to approve or disapprove any such application shall be made by the head of the appropriate center or office in accordance with guidelines set forth in the regulations. TITLE II--RECRUITMENT OF TEMPORARY EMPLOYEES SECTION 1. RECRUITING TEMPORARY EMPLOYEES. (a) Compensation Shall Not Be Taken Into Account.--Section 23 of title 13, United States Code, is amended by adding at the end the following: ``(d)(1) As used in this subsection, the term `temporary census position' shall mean a temporary position within the Bureau, established for purposes related to the 2000 census, as determined under regulations which the Secretary shall prescribe. ``(2) Notwithstanding any other provision of law, the earning or receipt by an individual of compensation for service performed by such individual in a temporary census position shall not have the effect of causing-- ``(A) such individual or any other individual to become eligible for any benefits described in paragraph (3)(A); or ``(B) a reduction in the amount of any benefits described in paragraph (3)(A) for which such individual or any other individual would otherwise be eligible. ``(3) This subsection-- ``(A) shall apply with respect to benefits provided under any Federal program or under any State, tribal or local program financed in whole or in part with Federal funds; ``(B) shall apply only with respect to compensation for service performed during calendar year 2000; and ``(C) shall not apply if the individual performing the service involved was first appointed to a temporary census position (whether such individual's then current position or a previous one) before January 1, 2000.''. (2) Nothing in the amendment made by paragraph (1) shall be considered to apply with respect to Public Law 101-86 or the Internal Revenue Code of 1986. (b) Reemployed Annuitants and Former Members of the Uniformed Services.--Public Law 101-86 (13 U.S.C. 23) is amended-- (1) in section 1(b) and the long title by striking ``the 1990 decennial census'' and inserting ``the 2000 decennial census''; and (2) in section 4 by striking ``December 31, 1990'' and inserting December 31, 2000''. SECTION 2. CENSUS ASSISTANTS. (a) In General.--Subject to available appropriations, and after consulting with Indian tribes, the Secretary may provide such reasonable and appropriate incentives to facilitate and encourage volunteers to assist in the enumeration of Native Americans. (b) Reimbursements.--In his discretion, the Secretary may reimburse volunteers for fuel and mileage expenses; meals and related expenses; and other reasonable and necessary expenses incurred by assistants in the conduct of the Census. (c) Debt Relief.--In consultation with the Secretary of the Treasury, the Secretary shall develop and implement a program of undergraduate or graduate debt relief for those Census assistants that have provided significant service in the conduct of the enumeration of the Census.

(Sec. 3) Requires: (1) grant applications to include at least a statement of objectives, and a description of the programs and activities, for which the grant is sought; and (2) grant applicants to agree to make available non-Federal contributions in an amount equal to 50 percent of the Federal funds provided under the grant. (Sec. 4) Directs the Secretary to allocate the amounts appropriated to carry out this Act equitably and in a manner that best achieves the purposes of this Act. (Sec. 5) Allows a grant to be used only to: (1) train volunteers to assist individuals residing on Indian lands to complete and return census questionnaires; (2) educate Native Americans and the public about the importance of participating in the 2000 census and the confidentiality that is accorded to information collected; (3) recruit candidates to apply for census office and field enumerator positions; (4) sponsor community events to promote the 2000 census; (5) produce community-tailored promotional materials; or (6) rent space to provide any such training. Title II: Recruitment of Temporary Employees - Prohibits the earning or receipt of compensation for service performed by an individual in a temporary census position (a temporary position within the Bureau of the Census established for purposes relating to the 2000 decennial census of population) from having the effect of causing: (1) such individual or any other individual to become ineligible for any benefits provided under any Federal program or any State, tribal, or local program financed with Federal funds; or (2) a reduction in the amount of any such benefits for which such individual or any other individual would otherwise be eligible. Makes such requirement applicable only with respect to compensation for service performed during calendar year 2000. Prohibits the application of such requirement if the individual performing the service involved was first appointed to such position (whether such individual's then current position or a previous one) before January 1, 2000. Modifies Federal law regarding exemptions from certain provisions relating to offsets from pay and other benefits for reemployed annuitants and former uniformed service members to make such law: (1) applicable to service in any temporary position within the Bureau established for purposes relating to the 2000 decennial census; and (2) inapplicable to any service performed after December 31, 2000. Allows the Secretary to provide such reasonable and appropriate incentives to facilitate and encourage volunteers to assist in the enumeration of Native Americans and reimburse them for reasonable and necessary expenses incurred by assistants in conducting the Census. Directs the Secretary to develop and implement a program of undergraduate or graduate debt relief for those Census assistants that have provided significant service.

Native American Census Participation Enhancement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Readmissions Program Accuracy and Accountability Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Eliminating avoidable hospital readmissions should be a core tenet of public and private efforts to improve quality of care and reduce health care expenditures. (2) Measures adopted by the Centers for Medicare & Medicaid Services should accurately reflect the quality of care provided by specific hospitals and providers, and such measures should never lower outcome or quality expectations for certain cohorts of hospitals and providers. (3) There are numerous socioeconomic conditions that impact health outcomes and the Medicare hospital readmission reduction program is one of many Federal outcome performance programs that fails to accurately adjust for these influences. (4) Holding all other factors constant, socioeconomic conditions, such as poverty, low levels of literacy, limited English proficiency, minimal social support, poor living conditions, and limited community resources, likely have direct and significant impacts on avoidable hospital readmissions. (5) The Medicare hospital readmission reduction program includes risk adjustment for clinical variables, such as comorbidity and severity of illness, because hospitals should not be penalized for the effects of these uncontrollable factors. Socioeconomic factors can influence readmissions to an equal or greater degree than these clinical factors and the Medicare hospital readmissions reduction program will more accurately measure quality of care once risk adjustment for socioeconomic status is implemented. (6) Research by the Medicare Payment Advisory Commission, the National Quality Forum, and other independent experts has provided compelling evidence that failing to adjust for socioeconomic status in the Medicare hospital readmission reduction program may provide an inaccurate picture of the quality of care provided by hospitals, and has led to the unfair penalization and stigmatization of hospitals serving low-income populations that are, in fact, delivering high- quality health care. (7) Risk adjustment for socioeconomic status in the Medicare hospital readmission reduction program will improve quality of care, increase accountability for all inpatient hospitals serving Medicare beneficiaries, and further reduce preventable readmissions nationwide. (8) The Secretary of Health and Human Services should consider the adoption of socioeconomic adjustment methodologies in other quality reporting and pay-for-performance programs under the Medicare program. SEC. 3. IMPROVEMENTS TO THE MEDICARE HOSPITAL READMISSIONS REDUCTION PROGRAM. Section 1886(q) of the Social Security Act (42 U.S.C. 1395ww(q)) is amended-- (1) in paragraph (4)(C)-- (A) in clause (i), in the matter preceding subclause (I), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following new clause: ``(iii) Adjustment for socioeconomic status.-- ``(I) In general.--In determining a hospital's excess readmission ratio under clause (i) for purposes of making payments for discharges occurring on or after October 1, 2016, the Secretary shall risk adjust readmissions to account for the socioeconomic status of the patients served by the hospital. ``(II) Socioeconomic status.--For purposes of subclause (I), subject to subclauses (III) and (V), the Secretary shall, to the maximum extent practicable, utilize the most recent data available from the Bureau of the Census in order to develop a quantitative method to adjust for socioeconomic status. In developing such quantitative method, the Secretary-- ``(aa) shall, to the maximum extent practicable, use inputs that address at least one of the following factors-- ``(AA) income; ``(BB) education level; and ``(CC) poverty rate; and ``(bb) may include inputs that address other socioeconomic and sociodemographic factors determined appropriate by the Secretary. ``(III) Revision of inputs.--The Secretary may revise the inputs for such quantitative method under subclause (II) on an annual basis to improve the accuracy and validity of the adjustment under subclause (I). ``(IV) Patients served by the hospital.--For purposes of subclause (I), the Secretary shall, to the maximum extent practicable, measure the socioeconomic status for all patients served by each hospital. The Secretary may supplement incomplete or inaccessible patient-level data with data related to the geographic region of the patients served by the hospital. ``(V) Use of alternative adjustment method.-- ``(aa) In general.--For purposes of subclause (I), in the case of payments for discharges occurring on or after October 1, 2017, the Secretary may apply a socioeconomic status adjustment using a method other than the method described in subclause (II), such as peer groupings and stratification. ``(bb) Comparative analysis.--Prior to the application of the alternative adjustment method under item (aa), the Secretary shall conduct a comparative analysis of such alternative adjustment method and the method described in subclause (II). The Secretary shall publish the results of such comparative analysis and the proposed alternative adjustment method in the Federal Register and seek public comment on such method. ``(cc) Requirement.--The Secretary may not apply any alternative adjustment method under item (aa) unless the Secretary determines that such alternative method will demonstrate an aggregate improvement in the accuracy and effectiveness of hospital readmissions reduction program incentives and measurements compared to the adjustment required under subclause (I).''; (2) in paragraph (6)(A), by adding the following before the period at the end: ``, including information on the results of the readmission measures under this subsection (both before and after the adjustment under paragraph (4)(C)(iii)) and the penalties under this subsection (both before and after such adjustment)''; and (3) by adding at the end the following new paragraph: ``(9) Adjustment.--The Secretary shall make proportional adjustments to base operating DRG payment amounts (as defined in paragraph (2)) of applicable hospitals to assure that the application of paragraph (4)(C)(iii) does not result in aggregate payments under this section in a fiscal year that are greater or less than those that would otherwise be made under this section in such fiscal year, as estimated by the Secretary.''.

Hospital Readmissions Program Accuracy and Accountability Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the Hospital Readmissions Reduction Program, to direct the Secretary of Health and Human Services (HHS), in determining a hospital's excess readmission ratio for purposes of making payments for discharges starting in FY2016, to risk adjust readmissions to account for patient socioeconomic status.

Hospital Readmissions Program Accuracy and Accountability Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as ``Healthy Kids for Healthy Futures Act of 2009''. SEC. 2. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. (a) Amendments of ERISA.-- (1) In general.--Subpart B of part 7 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 714. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide coverage for appropriate preventive care for each qualified dependent child of the participant. ``(b) Appropriate Preventive Care.--For purposes of this section, the term `appropriate preventive care' means medical care which, under regulations prescribed by the Secretary of Health and Human Services, in consultation with the Secretary and the Secretary of the Treasury, meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. ``(c) Qualified Dependent Child.--For purposes of this section, the term `qualified dependent child' means a child of the participant who-- ``(1) is not more than 18 years of age, and ``(2) is a dependent child, under the terms of the plan or coverage, of the participant. ``(d) Cost-Sharing Prohibited.--A group health plan and health insurance coverage provided in connection with a group health plan may not impose deductibles, copayments, coinsurance, or other cost-sharing in relation to services provided pursuant to the requirements of subsection (a). ``(e) Certain Coverage Restrictions Prohibited.--A group health plan, and a health insurance issuer providing coverage in connection with a group health plan, may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this section, or ``(2) penalize, or otherwise reduce or limit the reimbursement of, an attending provider, or provide incentives (monetary or otherwise) to an attending provider, so as to induce the provider to provide care to a beneficiary in a manner inconsistent with this section. ``(f) Allowance for Level or Type of Provider Reimbursement.-- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations which shall be promulgated by the Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed to participants and beneficiaries by the plan or issuer on an annual or other more frequent periodic basis. ``(h) Relation to State Laws.--Nothing in this section shall be construed to preempt or otherwise limit any State law with respect to health insurance coverage that requires more extensive coverage than is otherwise required under this section.''. (2) Conforming amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage of preventive care for children.''. (b) Amendments to the Public Health Service Act.-- (1) Group markets.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide coverage for appropriate preventive care for each qualified dependent child of the participant. ``(b) Appropriate Preventive Care.--For purposes of this section, the term `appropriate preventive care' means medical care which, under regulations prescribed by the Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. ``(c) Qualified Dependent Child.--For purposes of this section, the term `qualified dependent child' means a child of the participant who-- ``(1) is not more than 18 years of age, and ``(2) is a dependent child, under the terms of the plan or coverage, of the participant. ``(d) Cost-Sharing Prohibited.--A group health plan and health insurance coverage provided in connection with a group health plan may not impose deductibles, copayments, coinsurance, or other cost-sharing in relation to services provided pursuant to the requirements of subsection (a). ``(e) Certain Coverage Restrictions Prohibited.--A group health plan, and a health insurance issuer providing coverage in connection with a group health plan, may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this section, or ``(2) penalize, or otherwise reduce or limit the reimbursement of, an attending provider, or provide incentives (monetary or otherwise) to an attending provider, so as to induce the provider to provide care to a beneficiary in a manner inconsistent with this section. ``(f) Allowance for Level or Type of Provider Reimbursement.-- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Notice.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations which shall be promulgated by the Secretary of Labor, in consultation with the Secretary and the Secretary of the Treasury. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed to participants and beneficiaries by the plan or issuer on an annual or other more frequent periodic basis. ``(h) Relation to State Laws.--Nothing in this section shall be construed to preempt or otherwise limit any State law with respect to health insurance coverage that requires more extensive coverage than is otherwise required under this section.''. (2) Individual market.--Subpart 3 of part B of title XXVII of such Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the end the following new section: ``SEC. 2753. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Amendments to the Internal Revenue Code.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (relating to other group health plan requirements) is amended by inserting after section 9812 the following new section: ``SEC. 9813. COVERAGE OF PREVENTIVE CARE FOR CHILDREN. ``(a) In General.--A group health plan shall provide coverage for appropriate preventive care for each qualified dependent child of the participant. ``(b) Appropriate Preventive Care.--For purposes of this section, the term `appropriate preventive care' means medical care which, under regulations prescribed by the Secretary of Health and Human Services in consultation with the Secretary and the Secretary of Labor, meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. ``(c) Qualified Dependent Child.--For purposes of this section, the term `qualified dependent child' means a child of the participant who-- ``(1) is not more than 18 years of age, and ``(2) is a dependent child, under the terms of the plan or coverage, of the participant. ``(d) Cost-Sharing Prohibited.--A group health plan may not impose deductibles, copayments, coinsurance, or other cost-sharing in relation to services provided pursuant to the requirements of subsection (a). ``(e) Certain Coverage Restrictions Prohibited.--A group health plan may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this section, or ``(2) penalize, or otherwise reduce or limit the reimbursement of, an attending provider, or provide incentives (monetary or otherwise) to an attending provider, so as to induce the provider to provide care to a beneficiary in a manner inconsistent with this section. ``(f) Allowance for Level or Type of Provider Reimbursement.-- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer providing health insurance coverage in connection with a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Notice.--A group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations which shall be promulgated by the Secretary of Labor, in consultation with the Secretary and the Secretary of Health and Human Services. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed to participants and beneficiaries by the plan or issuer on an annual or other more frequent periodic basis. ``(h) Relation to State Laws.--Nothing in this section shall be construed to preempt or otherwise limit any State law with respect to health insurance coverage that requires more extensive coverage than is otherwise required under this section.''. (2) Conforming amendment.--The table of sections for subchapter B of chapter 100 of such Code is amended by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of preventive care for children.''. (d) Effective Date.--The amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2010. (e) Initial Notice.--Each group health plan and health insurance issuer to which the notice requirements of section 714(g) of the Employee Retirement Income Security Act of 1974, section 2707(g) of the Public Health Service Act, or section 9813(g) of the Internal Revenue Code of 1986 apply shall be deemed not in compliance with such requirements with respect to the first plan year beginning on or after January 1, 2010, unless, not later than January 1, 2010, the plan or issuer includes the information described in such section in a notice which is provided to each participant and beneficiary in writing. SEC. 3. COVERAGE OF PREVENTATIVE CARE FOR CHILDREN UNDER HEALTH SAVINGS ACCOUNTS. (a) In General.--Paragraph (2) of section 223(c) of the Internal Revenue Code of 1986 (defining high deductible health plan) is amended by adding at the end the following new subparagraph: ``(E) Special rule for preventative care for children.-- ``(i) In general.--A plan shall not be treated as a high deductible health plan unless such plan meets the requirements of section 9813 (relating to coverage of preventative care for children). ``(ii) Plan treated as group health plan.-- For purposes of clause (i), the plan shall be treated as a group health plan.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009.

Healthy Kids for Healthy Futures Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan to provide coverage for appropriate preventive care for a participant's dependent child who is not more than 18 years of age. Defines "appropriate preventive care" to mean medical care that meets the most recent Bright Futures Guidelines for Health Supervision of Infants, Children, and Adolescents. Prohibits a group health plan from imposing any cost-sharing for such preventive services. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies the provisions of this Act to individual health insurance coverage. Excludes a plan from being treated as a high deductible health plan unless the requirements of this Act are met.

To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to require coverage of preventive care for children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Video Game Rating Act''. SEC. 2. DECEPTIVE RATINGS OF VIDEO GAMES. Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall prescribe rules under section 553 of title 5, United States Code, to prohibit the following as an unfair and deceptive act or practice prescribed pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)): (1) Rating game only on partial content.--Such rules shall prohibit any rating organization from assigning a content rating to any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such rating organization has reviewed the playable content of the video or computer game in its entirety. (2) Withholding content for rating.-- (A) In general.--Such rules shall prohibit any person who produces, sells, or otherwise distributes video or computer games in interstate commerce from withholding or hiding any playable content of the video or computer game from, or in any other manner failing to disclose any playable content of a video or computer game to, a rating organization. (B) Hidden content.--Such rules shall provide that where, in the course of obtaining a content rating, a person submits to a rating organization a video or computer game that contains hidden content, that such person also provide the rating organization with the necessary codes or methods of accessing such hidden content. (3) Gross mischaracterization of content.--Such rules shall prohibit any rating organization from providing a content rating that grossly mischaracterizes (as defined by the Commission in such rules) the content of the video or computer game. SEC. 3. G.A.O. STUDY. (a) Study.--The Comptroller General of the United States shall conduct a study to determine-- (1) the efficacy of the Entertainment Software Ratings Board ratings system in assigning appropriate content ratings to video and computer games, including ratings for online or Internet-based games; (2) whether content ratings systems, like that used by the Entertainment Software Ratings Board, should be peer-reviewed; (3) whether an independent ratings system, developed and administered by persons or entities with no financial interest in the video and computer game industry, would result in more accurate and effective content ratings for video and computer games than the rating system used by the Entertainment Software Ratings Board; and (4) the efficacy of a universal ratings system for visual content, including films, broadcast and cable television and video, and computer games. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted pursuant to subsection (a). The report shall contain recommendations regarding effective approaches to video and computer game content ratings that address the unique ratings challenges of online and Internet-based video games. SEC. 4. DEFINITIONS. In this Act: (1) Content rating.--The term ``content rating'' means any rating of the content of a video or computer game provided to notify consumers of any content which may be offensive to consumers or may not be suitable to persons of varying ages, including such content as violence, graphic sexual content, nudity, or strong language. (2) Hidden content.--The term ``hidden content'' means any playable content that may be disabled or blocked from a user of the video or computer game so that it can be accessed only by inputting a code or command or by altering the game's software with a modification, patch, or similar tool, utility, or method. (3) Playable content.--The term ``playable content'', with respect to video or computer games, means all of the scenes, visual images, sounds, and words that a user can access after installing the game on a computer, console, telecommunication device, or similar technology, and includes hidden content. (4) Rating organization.--The term ``rating organization'' means the Entertainment Software Ratings Board or any other independent organization that assigns content ratings for video or computer games. (5) Video or computer game.--The term ``video or computer game'' means any product, whether distributed electronically or through a tangible device, consisting of data, programs, routines, instructions, applications, symbolic languages, or similar electronic information that enables a user to interact with a computer-controlled virtual environment for entertainment purposes.

Truth in Video Game Rating Act - Requires the Federal Trade Commission (FTC) to prescribe rules that prohibit as an unfair and deceptive act or practice: (1) any rating organization from assigning a content rating to any video or computer game unless it has reviewed its playable content; and (2) any producer, seller, or distributor of such games from withholding or hiding any such content. Requires the FTC rules also to: (1) require any person submitting to a rating organization a video or computer game with hidden content to accompany it with the codes or methods necessary to access such hidden content; and (2) prohibit a rating organization from providing a content rating that grossly mischaracterizes the game content. Directs the Comptroller General to study and report to Congress on the efficacy of the Entertainment Software Ratings Board (ESRB) ratings system in assigning appropriate content ratings to video and computer games, and related questions.

A bill to direct the Federal Trade Commission to prescribe rules to prohibit deceptive conduct in the rating of video and computer games and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Trafficking Elimination Act of 2007''. TITLE I--CRIMINAL ENHANCEMENTS SEC. 101. CRIMINAL ENHANCEMENTS FOR UNLAWFUL MANUFACTURING, DISTRIBUTING, DISPENSING, OR POSSESSING WITH INTENT TO MANUFACTURE, DISTRIBUTE, OR POSSESS LARGE AMOUNTS OF HEROIN, MARIHUANA, AND METHAMPHETAMINE. Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended by adding at the end the following new subparagraph: ``(E) In the case of a violation of subsection (a) of this section involving-- ``(i) more than 10 kilograms of a mixture or substance containing a detectable amount of heroin; ``(ii) more than 10,000 kilograms of a mixture or substance containing a detectable amount of marihuana, or more than 10,000 marihuana plants regardless of weight; or ``(iii) more than 500 grams of methamphetamine, its salts, isomers, and salts of its isomers or more than 1.5 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, such person shall be subject to the same penalties as applicable under subparagraph (A) of this paragraph, except that such person shall be sentenced to a term of imprisonment which may not be less than 20 years.''. SEC. 102. CRIMINAL ENHANCEMENTS FOR UNLAWFUL IMPORTATION AND EXPORTATION OF LARGE AMOUNTS OF HEROIN, MARIHUANA, AND METHAMPHETAMINE. Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by adding at the end the following new paragraph: ``(5) In the case of a violation of subsection (a) of this section involving-- ``(A) more than 10 kilograms of a mixture or substance containing a detectable amount of heroin; ``(B) more than 10,000 kilograms of a mixture or substance containing a detectable amount of marihuana; or ``(C) more than 500 grams of methamphetamine, its salts, isomers, and salts of its isomers or more than 1.5 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, the person committing such violation shall be subject to the same penalties as applicable under paragraph (1) of this subsection, except that such person shall be sentenced to a term of imprisonment which may not be less than 20 years.''. SEC. 103. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY. Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is amended to read as follows: ``(5) Manufacture or Cultivation on Federal Property.--Any person who violates subsection (a) of this section by manufacturing or cultivating a controlled substance on Federal property shall be imprisoned for a term of not more than 10 years, which shall be imposed consecutively and in addition to the penalty imposed under paragraph (1).''. SEC. 104. USE OF HAZARDOUS SUBSTANCES ON FEDERAL LAND. Section 401(b)(6) of the Controlled Substances Act (21 U.S.C. 841(b)(6)) is amended to read as follows: ``(6) Use of Hazardous Substances.--Any person who violates subsection (a) and knowingly uses a poison, chemical, or other hazardous substance on Federal land, and by such use-- ``(A) creates a serious hazard to humans, wildlife, or domestic animals; ``(B) degrades or harms the environment or natural resources; or ``(C) pollutes an aquifer, spring, stream, river, or body of water, shall be imprisoned for a term of not more than 5 years, which shall be imposed consecutively and in addition to the penalty imposed under paragraphs (1) and (5).''. SEC. 105. LISTED CHEMICALS. Section 401(c) of the Controlled Substances Act (21 U.S.C. 841(c)) is amended by striking ``20 years'' and ``10 years'' and inserting ``30 years'' and ``20 years'', respectively. SEC. 106. MURDER AND OTHER VIOLENT CRIMES RELATED TO DRUG TRAFFICKING, AND DANGEROUS DRUG TRAFFICKING ORGANIZATIONS. (a) Murder and Other Violent Crimes Committed During and in Relation to a Drug Trafficking Crime.--Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following new section: ``murder and other violent crimes committed during and in relation to a drug trafficking crime ``Sec. 424. (a) In General.--Whoever commits, or conspires, or attempts to commit, a crime of violence during and in relation to a drug trafficking crime, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for the drug trafficking crime and in addition to being subject to a fine under title 18, United States Code-- ``(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison; ``(2) if the crime of violence is kidnapping, aggravated sexual abuse, or maiming, be imprisoned for life or any term of years not less than 30; ``(3) if the crime of violence is assault resulting in serious bodily injury, be imprisoned for life or any term of years not less than 20; and ``(4) in any other case, be imprisoned for life or for any term of years not less than 10. ``(b) Venue.--A prosecution for a violation of this section may be brought in-- ``(1) the judicial district in which the murder or other crime of violence occurred; or ``(2) any judicial district in which the drug trafficking crime may be prosecuted. ``(c) Definitions.--As used in this section-- ``(1) the term `aggravated sexual abuse' means an offense that, if committed in the special maritime and territorial jurisdiction would be an offense under section 2241(a) of title 18, United States Code; ``(2) the term `crime of violence' has the meaning given that term in section 16 of title 18, United States Code; ``(3) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2) of title 18, United States Code; and ``(4) the term `serious bodily injury' has the meaning given that term in section 1365 of title 18, United States Code.''. (b) Dangerous Drug Trafficking Organizations.--Part D of such Act is further amended by adding after section 424, as added by subsection (a) of this section, the following new section: ``dangerous drug trafficking organizations ``Sec. 425. (a) In General.--Any person who knowingly engages in a dangerous drug trafficking organization, as defined in subsection (b), shall be imprisoned for not less than 20 years nor more than life, fined in accordance with the provisions of title 18, United States Code, or both. ``(b) Dangerous Drug Trafficking Organization Defined.--For purposes of this section, the term `dangerous drug trafficking organization' means a formal or informal group, organization, or association of 5 or more individuals-- ``(1) that has as one of its purposes the commission of one or more drug trafficking crimes (as defined in section 924(c)(2) of title 18, United States Code); ``(2) one or more of the members of which commit or have committed, in furtherance of such purpose-- ``(A) more than one violation of this part the punishment of which is a felony; and ``(B) 2 or more violations, in 2 or more separate criminal episodes, of section 424; and ``(3) the activities of which involve at least 50 times the quantity of a substance described in section 401(b)(1)(B). ``(c) Extraterritorial Jurisdiction.--There is jurisdiction over an offense under this section committed outside the United States if the individual committing the offense is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).''. (c) Clerical Amendment.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423 the following: ``Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime. ``Sec. 425. Dangerous drug trafficking organizations.''. TITLE II--PROTECTING CHILDREN FROM DRUG TRAFFICKERS SEC. 201. DISTRIBUTION TO PERSONS UNDER AGE 21 AND PREGNANT PERSONS. (a) In General.--Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended to read as follows: ``distribution to persons under age 21 and pregnant persons ``Sec. 418. (a) Distribution to Persons Under 21.--Except as provided in subsection (b), any person at least 18 years of age who violates section 401(a)(1) by distributing a controlled substance to a person under 21 years of age shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana. ``(b) Distribution to Pregnant Persons.--Except as authorized by this title, any person who knowingly provides or distributes any controlled substance to a pregnant individual in violation of any provision of this title shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). ``(c) Second or Subsequent Offenses.--Any person at least 18 years of age who violates subsections (a) or (b) after a prior conviction under section 401(a) has become final shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years in addition and consecutive to any punishment under section 401(b). Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A).''. (b) Clerical Amendment.--The item relating to section 418 in the table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended to read as follows: ``Sec. 418. Distribution to persons under age 21 and pregnant persons.''. SEC. 202. DISTRIBUTION IN OR NEAR SCHOOLS. Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended to read as follows: ``distribution in or near schools ``Sec. 419. (a) In General.--Except as provided by subsection (b), whoever violates section 401(a)(1) or section 416 by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). The mandatory minimum sentencing provisions of this subsection shall not apply to offenses involving 5 grams or less of marihuana. ``(b) Second or Subsequent Offenses.--Whoever violates subsection (a) after a prior conviction under section 401(a) has become final shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years in addition and consecutive to any punishment under section 401(b). Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A). ``(c) Definitions.--As used in this section-- ``(1) the term `playground' means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation, open to the public, and with any portion thereof containing three or more separate apparatus intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards; ``(2) the term `youth center' means any recreational facility and/or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities. ``(3) the term `video arcade facility' means any facility, legally accessible to children, intended primarily for the use of pinball and video machines for amusement containing a minimum of ten machines that are either pinball or video machines; and ``(4) the term `swimming pool' includes any parking lot appurtenant thereto.''. SEC. 203. EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG OPERATIONS. Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended to read as follows: ``employment or use of persons under 18 years of age in drug operations ``Sec. 420. (a) Any person at least 18 years of age who knowingly-- ``(1) employs, hires, uses, persuades, induces, entices, or coerces, a person under 18 years of age to violate any provision of this title or title III; ``(2) employs, hires, uses, persuades, induces, entices, or coerces a person under 18 years of age to assist in avoiding detection or apprehension, for any such violation, by any Federal, State, or local law enforcement official; or ``(3) receives a controlled substance from a person under 18 years of age, other than an immediate family member, in violation of this title or title III shall be sentenced to a term of imprisonment of not less than 3 years nor more than 10 years in addition and consecutive to any punishment under section 401(b). ``(b) Whoever violates subsection (a) after a prior conviction under section 401(a) has become final shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years in addition and consecutive to any punishment under section 401(b). Penalties for third and subsequent convictions shall be governed by section 401(b)(1)(A).''. SEC. 204. MAINTAINING DRUG-INVOLVED PREMISES IN RELATION TO INVOLVEMENT OF CHILDREN. Section 416(b) of the Controlled Substances Act (21 U.S.C. 856(b)) is amended by inserting (1) before ``Any person'' and by adding the following new paragraph: ``(2) Any person who violates subsection (a) knowing that the manufacture, distribution, storage, or use of any controlled substance involves a person under the age of 18 shall be sentenced to a term of imprisonment of not less than 5 years nor more than 20 years.''. SEC. 205. MODIFICATION OF SAFETY VALVE PROVISION. Section 3553(f) of title 18, United States Code, is amended-- (1) in paragraph (4), by inserting ``and was not engaged in a dangerous drug trafficking organization (as defined in section 425 of the Controlled Substances Act)'' after ``section 408 of the Controlled Substances Act''; (2) by striking ``and'' at the end of paragraph (4); (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: ``(5) no part of the offense or relevant conduct involved manufacturing, possessing with intent to distribute, or distributing any controlled substance in or near the presence of a child or conduct constituting an offense under section 418, 419, or 420 of the Controlled Substances Act (21 U.S.C. 859, 860, or 861); and''. TITLE III--NATIONAL DRUG TRAFFICKING ENFORCEMENT STRATEGY SEC. 301. NATIONAL ENFORCEMENT STRATEGY. (a) Development of Strategy.--The Attorney General, in consultation with the Secretary of Homeland Security, shall develop a National Drug Trafficking Enforcement Strategy. (b) Report.--Not later than February 1 of each year, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report containing the following: (1) A description of the drug enforcement activities of the Federal Bureau of Investigations, the Drug Enforcement Agency, the Department of Homeland Security, and other Federal law enforcement agencies, including international and domestic enforcement strategies and coordination efforts among all law enforcement agencies. (2) A description of the allocation of the resources of the entities listed in paragraph (1) for the investigation and prosecution of alleged violations of the Controlled Substances Act (21 U.S.C. 801 et seq.), including violations involving significant drug trafficking organizations. (3) A description of measures being taken to give priority in the allocation of such resources described in paragraph (2) to alleged violations involving-- (A) persons who have imported into the United States substantial quantities of controlled substances; and (B) persons involved in violations that have endangered children.

Drug Trafficking Elimination Act of 2007 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase prison terms or impose mandatory minimum prison terms for: (1) manufacturing, distributing, dispensing, or possessing certain large amounts of heroin, marihuana, or methamphetamine; (2) importing or exporting such drugs; (3) manufacturing or cultivating a controlled substance on federal property; (4) using hazardous substances on federal land in connection with illegal drug activities; (5) possessing a listed chemical with intent to manufacture a controlled substance; (6) committing a crime of violence during and in relation to a drug trafficking crime; (7) engaging in a dangerous drug trafficking organization; (8) distributing controlled substances to persons under age 21 or to a pregnant person; (9) distributing controlled substances in or near schools; and (10) employing or involving persons under age 18 in illegal drug activities. Directs the Attorney General to develop a National Drug Trafficking Enforcement Strategy.

To amend the Controlled Substances Act to enhance criminal penalties for drug trafficking offenses relating to distribution of heroin, marijuana, and methamphetamine and distribution to and use of children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection from Sexual Predators Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) rape and sexual assaults continue to be serious threats to the safety of communities across America; (2) sexual offenders are much more likely than any other category of criminals to repeat their crimes again and again, even after serving time in prison; (3) the average rape sentence is just 10\1/2\ years, and the average time served is half of that, approximately 5 years; and (4) repeat sexual offenders frequently strike in more than one State and, while States have primary responsibility for the prosecution of sexual offenders, the option of Federal prosecution provides a needed additional tool to safeguard communities victimized by these individuals. (b) Sense of Congress.--It is the sense of Congress that-- (1) States should more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with a first-time sexual offender and whether to grant parole to sexual offenders; and (2) States should review their treatment and parole supervision programs for sexual offenders to assure that these programs are fulfilling their goals, and, if they are not, these programs should be immediately replaced or abandoned. SEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES. Section 2241 of title 18, United States Code, is amended by adding at the end the following: ``(e) Punishment for Sexual Predators.--(1) Whoever, in a circumstance described in paragraph (2) of this subsection-- ``(A) violates this section; or ``(B) engages in conduct that would violate this section, if the conduct had occurred in the special maritime and territorial jurisdiction of the United States, and-- ``(i) that conduct is in interstate or foreign commerce; ``(ii) the person engaging in that conduct crossed a State line with intent to engage in the conduct; or ``(iii) the person engaging in that conduct thereafter engages in conduct that is a violation of section 1073(1) with respect to an offense that consists of the conduct so engaged in; shall be imprisoned for life. ``(2) The circumstance referred to in paragraph (1) of this subsection is that the defendant has previously been convicted of another State or Federal offense for conduct which-- ``(A) is an offense under this section or section 2242 of this title; or ``(B) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States.''. SEC. 4. ADDITIONAL CONDITION FOR TRUTH IN SENTENCING GRANTS. Section 20104 of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following: ``(c) Additional Requirement.--A State is not eligible for a grant under this section unless such State has provided assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct that-- ``(1) is an offense under section 2241 or 2242 of title 18, United States Code; or ``(2) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States; after having previously been convicted of another State or Federal offense for conduct that was an offense described in paragraph (1) or (2).''. SEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS. The National Institute of Justice, either directly or through grant, shall carry out a study of persistent sexual predators. Not later than one year after the date of the enactment of this Act, such Institute shall report to Congress and the President the results of such study. Such report shall include-- (1) a synthesis of current research in psychology, sociology, law, criminal justice, and other fields regarding persistent sexual offenders, including-- (A) common characteristics of such offenders; (B) recidivism rates for such offenders; (C) treatment techniques and their effectiveness; (D) responses of offenders to treatment and deterrence; and (E) the possibility of early intervention to prevent people from becoming sexual predators; and (2) an agenda for future research in this area.

Protection from Sexual Predators Act of 1997 - Expresses the sense of the Congress that States should: (1) more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with or grant parole to sexual offenders; and (2) review treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals. Amends the Federal criminal code to provide that whoever violates provisions regarding aggravated sexual abuse (or engages in conduct that would violate such provisions if the conduct had occurred in the special maritime and territorial jurisdiction of the United States under specified circumstances) after previously having been convicted of another State or Federal sexual abuse offense (or conduct which would have been such an offense if the offense had occurred in such jurisdiction) shall be imprisoned for life. Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for a truth in sentencing incentive grant, to provide assurances to the Attorney General that such State has in effect laws which allow the court to impose a sentence of life in prison without parole on a defendant in a criminal case who is convicted of a State offense for conduct which is a sexual abuse or aggravated sexual abuse offense under the Federal criminal code (or which would have been an offense under such provisions if the offense had occurred in U.S. jurisdiction) after having previously been convicted of another State or Federal sexual abuse or aggravated sexual abuse offense. Requires the National Institute of Justice to carry out a study of persistent sexual predators and to report to the Congress and the President.

Protection from Sexual Predators Act of 1997