awinml/billsum-test-sampled · Datasets at Hugging Face

SECTION 1. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS. (a) In General.--The Secretary shall develop and implement a process to expedite access to Federal lands under the administrative jurisdiction of the Secretary for eligible organizations and eligible individuals to request access to Federal lands to conduct good Samaritan search-and-recovery missions. The process developed and implemented pursuant to this subsection shall include provisions that clarify that-- (1) an eligible organization or eligible individual granted access under this section shall be acting for private purposes and shall not be considered a Federal volunteer; (2) an eligible organization or eligible individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered a volunteer under section 3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i); (3) the Federal Torts Claim Act shall not apply to an eligible organization or eligible individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (4) the Federal Employee Compensation Act shall not apply to an eligible organization or eligible individual conducting good Samaritan search-and-recovery mission under this section and such activities shall not constitute civilian employment. (b) Release of the Federal Government From Liability.--The Secretary shall not require an eligible organization or an eligible individual to have liability insurance as a condition of accessing Federal lands under this section if the eligible organization or eligible individual-- (1) acknowledges and consents, in writing, to the provisions listed in paragraphs (1) through (4) of subsection (a); and (2) signs a waiver releasing the Federal Government from all liability related to the access granted under this section. (c) Approval and Denial of Requests.-- (1) In general.--The Secretary shall notify an eligible organization and eligible individual of the approval or denial of a request by that eligible organization and eligible individual to carry out a good Samaritan search-and-recovery mission under this section not more than 48 hours after the request is made. (2) Denials.--If the Secretary denies a request from an eligible organization or eligible individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or eligible individual of-- (A) the reason for the denial request; and (B) any actions that eligible organization or eligible individual can take to meet the requirements for the request to be approved. (d) Partnerships.--The Secretary shall develop search-and-recovery focused partnerships with search-and-recovery organizations to-- (1) coordinate good Samaritan search-and-recovery missions on Federal lands under the administrative jurisdiction of the Secretary; and (2) expedite and accelerate good Samaritan search-and- recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a joint report to Congress describing-- (1) plans to develop partnerships described in subsection (c)(1); and (2) efforts being taken to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary pursuant to subsection (b)(2). (f) Definitions.--For the purposes of this section, the following definitions apply: (1) Eligible organization and eligible individual.--The terms ``eligible organization'' and ``eligible individual'' means an organization or individual, respectively, that-- (A) is acting in a not-for-profit capacity; and (B) is certificated in training that meets or exceeds standards established by the American Society for Testing and Materials. (2) Good samaritan search-and-recovery mission.--The term ``good Samaritan search-and-recovery mission'' means a search for one or more missing individuals believed to be deceased at the time that the search is initiated. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate.

Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands, and (2) expedite and accelerate mission efforts for missing individuals on such lands.

A bill to direct the Secretary of the Interior and Secretary of Agriculture to expedite access to certain Federal lands under the administrative jurisdiction of each Secretary for good Samaritan search-and-recovery missions, and for other purposes.

SECTION 1. PROVISION OF TECHNICAL ASSISTANCE TO MICROENTERPRISES. Title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Microenterprise Technical Assistance and Capacity Building Program ``SEC. 171. SHORT TITLE. ``This subtitle may be cited as the `Program for Investment in Microentrepreneurs Act of 1999', also referred to as the `PRIME Act'. ``SEC. 172. DEFINITIONS. ``For purposes of this subtitle-- ``(1) the term `Administrator' has the same meaning as in section 103; ``(2) the term `capacity building services' means services provided to an organization that is, or is in the process of becoming a microenterprise development organization or program, for the purpose of enhancing its ability to provide training and services to disadvantaged entrepreneurs; ``(3) the term `collaborative' means 2 or more nonprofit entities that agree to act jointly as a qualified organization under this subtitle; ``(4) the term `disadvantaged entrepreneur' means a microentrepreneur that is-- ``(A) a low-income person; ``(B) a very low-income person; or ``(C) an entrepreneur that lacks adequate access to capital or other resources essential for business success, or is economically disadvantaged, as determined by the Administrator; ``(5) the term `Fund' has the same meaning as in section 103; ``(6) the term `Indian tribe' has the same meaning as in section 103; ``(7) the term `intermediary' means a private, nonprofit entity that seeks to serve microenterprise development organizations and programs as authorized under section 175; ``(8) the term `low-income person' has the same meaning as in section 103; ``(9) the term `microentrepreneur' means the owner or developer of a microenterprise; ``(10) the term `microenterprise' means a sole proprietorship, partnership, or corporation that-- ``(A) has fewer than 5 employees; and ``(B) generally lacks access to conventional loans, equity, or other banking services; ``(11) the term `microenterprise development organization or program' means a nonprofit entity, or a program administered by such an entity, including community development corporations or other nonprofit development organizations and social service organizations, that provides services to disadvantaged entrepreneurs or prospective entrepreneurs; ``(12) the term `training and technical assistance' means services and support provided to disadvantaged entrepreneurs or prospective entrepreneurs, such as assistance for the purpose of enhancing business planning, marketing, management, financial management skills, and assistance for the purpose of accessing financial services; and ``(13) the term `very low-income person' means having an income, adjusted for family size, of not more than 150 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2), including any revision required by that section). ``SEC. 173. ESTABLISHMENT OF PROGRAM. ``The Administrator shall establish a microenterprise technical assistance and capacity building grant program to provide assistance from the Fund in the form of grants to qualified organizations in accordance with this subtitle. ``SEC. 174. USES OF ASSISTANCE. ``A qualified organization shall use grants made under this subtitle-- ``(1) to provide training and technical assistance to disadvantaged entrepreneurs; ``(2) to provide training and capacity building services to microenterprise development organizations and programs and groups of such organizations to assist such organizations and programs in developing microenterprise training and services; ``(3) to aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs; and ``(4) for such other activities as the Administrator determines are consistent with the purposes of this subtitle. ``SEC. 175. QUALIFIED ORGANIZATIONS. ``For purposes of eligibility for assistance under this subtitle, a qualified organization shall be-- ``(1) a nonprofit microenterprise development organization or program (or a group or collaborative thereof) that has a demonstrated record of delivering microenterprise services to disadvantaged entrepreneurs; ``(2) an intermediary; ``(3) a microenterprise development organization or program that is accountable to a local community, working in conjunction with a State or local government or Indian tribe; or ``(4) an Indian tribe acting on its own, if the Indian tribe can certify that no private organization or program referred to in this paragraph exists within its jurisdiction. ``SEC. 176. ALLOCATION OF ASSISTANCE; SUBGRANTS. ``(a) Allocation of Assistance.-- ``(1) In general.--The Administrator shall allocate assistance from the Fund under this subtitle to ensure that-- ``(A) activities described in section 174(1) are funded using not less than 75 percent of amounts made available for such assistance; and ``(B) activities described in section 174(2) are funded using not less than 15 percent of amounts made available for such assistance. ``(2) Limit on individual assistance.--No single organization or entity may receive more than 10 percent of the total funds appropriated under this subtitle in a single fiscal year. ``(b) Targeted Assistance.--The Administrator shall ensure that not less than 50 percent of the grants made under this subtitle are used to benefit very low-income persons, including those residing on Indian reservations. ``(c) Subgrants Authorized.-- ``(1) In general.--A qualified organization receiving assistance under this subtitle may provide grants using that assistance to qualified small and emerging microenterprise organizations and programs, subject to such rules and regulations as the Administrator determines to be appropriate. ``(2) Limit on administrative expenses.--Not more than 7.5 percent of assistance received by a qualified organization under this subtitle may be used for administrative expenses in connection with the making of subgrants under paragraph (1). ``(d) Diversity.--In making grants under this subtitle, the Administrator shall ensure that grant recipients include both large and small microenterprise organizations, serving urban, rural, and Indian tribal communities and racially and ethnically diverse populations. ``SEC. 177. MATCHING REQUIREMENTS. ``(a) In General.--Financial assistance under this subtitle shall be matched with funds from sources other than the Federal Government on the basis of not less than 50 percent of each dollar provided by the Fund. ``(b) Sources of Matching Funds.--Fees, grants, gifts, funds from loan sources, and in-kind resources of a grant recipient from public or private sources may be used to comply with the matching requirement in subsection (a). ``(c) Exception.-- ``(1) In general.--In the case of an applicant for assistance under this subtitle with severe constraints on available sources of matching funds, the Administrator may reduce or eliminate the matching requirements of subsection (a). ``(2) Limitation.--Not more than 10 percent of the total funds made available from the Fund in any fiscal year to carry out this subtitle may be excepted from the matching requirements of subsection (a), as authorized by paragraph (1) of this subsection. ``SEC. 178. APPLICATIONS FOR ASSISTANCE. ``An application for assistance under this subtitle shall be submitted in such form and in accordance with such procedures as the Fund shall establish. ``SEC. 179. RECORDKEEPING. ``The requirements of section 115 shall apply to a qualified organization receiving assistance from the Fund under this subtitle as if it were a community development financial institution receiving assistance from the Fund under subtitle A. ``SEC. 180. AUTHORIZATION. ``In addition to funds otherwise authorized to be appropriated to the Fund to carry out this title, there are authorized to be appropriated to the Fund to carry out this subtitle-- ``(1) $15,000,000 for fiscal year 2000; ``(2) $25,000,000 for fiscal year 2001; ``(3) $30,000,000 for fiscal year 2002; and ``(4) $35,000,000 for fiscal year 2003. ``SEC. 181. IMPLEMENTATION. ``The Administrator shall, by regulation, establish such requirements as may be necessary to carry out this subtitle.''. SEC. 2. ADMINISTRATIVE EXPENSES. Section 121(a)(2)(A) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4718(a)(2)(A)) is amended-- (1) by striking ``$5,550,000'' and inserting ``$6,100,000''; and (2) in the first sentence, by inserting before the period ``, including costs and expenses associated with carrying out subtitle C''. SEC. 3. CONFORMING AMENDMENTS. Section 104(d) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(d)) is amended-- (1) in paragraph (2)-- (A) by striking ``15'' and inserting ``17''; (B) in subparagraph (G)-- (i) by striking ``9'' and inserting ``11''; (ii) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and (iii) by inserting after clause (iii) the following: ``(iv) 2 individuals who have expertise in microenterprises and microenterprise development;''; and (2) in paragraph (4), in the first sentence, by inserting before the period ``and subtitle C''.

Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1999 (or PRIME Act). Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Prohibits the use of grant amounts to make loans of any kind. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Instructs the Administrator to employ selection criteria that provide positive consideration to applications by qualified organizations participating in the Microloan program established under the Small Business Act. Mandates matching funds from non-Federal sources. Requires the Administrator to report to certain congressional committees on the enterprise technical assistance and capacity building program, including an evaluation of its effectiveness. Authorizes appropriations. Requires the Administrator to: (1) submit regulations to the Administrator of the Small Business Administration (SBA) for review and comment; and (2) enter into a memorandum of understanding with the SBA Administrator providing that the program under this Act and the Microloan program under the Small Business Act will be implemented in conjunction and coordination with one another. Prohibits the Fund Administrator from making any grant under this Act before reaching accord on such memorandum of understanding.

PRIME Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Land Use Notification Act of 1993''. SEC. 2. REQUIRING CERTAIN FEDERAL AGENCIES TO PROVIDE NOTICE TO DISTRICT OF COLUMBIA BEFORE CARRYING OUT ACTIVITIES AFFECTING PROPERTY LOCATED IN DISTRICT. (a) Requirements for General Services Administration.-- (1) In general.--Title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the following new section: ``notice to district of columbia of activities affecting property located in the district ``Sec. 213. (a) Except as provided in subsection (b), the Administrator may not carry out any activity under this title that affects real property located in the District of Columbia (including transferring excess property or disposing of surplus property) unless-- ``(1) not later than 60 days before carrying out such activity, the Administrator provides a notice describing such activity and the property affected to the Mayor of the District of Columbia, the Chair of the Council of the District of Columbia, and the Chair of the Advisory Neighborhood Commission (as established pursuant to section 738 of the District of Columbia Self-Government and Governmental Reorganization Act) in whose neighborhood such property is located; and ``(2) the Administrator provides the individuals described in paragraph (1) with the opportunity to present oral or written comments on the activity to the Administrator (or the Administrator's designee) before the Administrator carries out the activity. ``(b) The Administrator may waive the requirements described in subsection (a) if the Administrator finds that compliance with the requirements would jeopardize the public safety or the national security interests of the United States, but only if the Administrator-- ``(1) certifies such finding and the reasons for such finding to the individuals described in paragraph (1) of such subsection and to Congress; and ``(2) at the earliest time practicable, provides such individuals with the notice described in paragraph (1) of such subsection and the opportunity to present comments described in paragraph (2) of such subsection.''. (2) Clerical amendment.--The table of contents for such Act is amended by inserting after the item relating to section 212 the following new item: ``Sec. 213. Notice to District of Columbia of activities affecting property located in the District.''. (b) Notice Requirements for Other Covered Agencies.-- (1) In general.--Except as provided in paragraph (2), a covered agency (as defined in paragraph (3)) may not carry out any activity that affects real property located in the District of Columbia unless-- (A) not later than 60 days before carrying out such activity, such agency provides a notice describing such activity and the property affected to the Mayor of the District of Columbia, the Chair of the Council of the District of Columbia, and the Chair of the Advisory Neighborhood Commission (as established pursuant to section 738 of the District of Columbia Self-Government and Governmental Reorganization Act) in whose neighborhood such property is located; and (B) the agency provides the individuals described in subparagraph (A) with the opportunity to present oral or written comments on the activity to a representative of the agency before the agency carries out the activity. (2) Exception for emergencies.--A covered agency may waive the requirements of paragraph (1) if the agency finds that compliance with the requirements would jeopardize the public safety or the national security interests of the United States, but only if the agency-- (A) certifies such finding and the reasons for such finding to the individuals described in subparagraph (A) of such paragraph and to Congress; and (B) at the earliest time practicable, provides such individuals with the notice described in subparagraph (A) of such paragraph and the opportunity to present comments described in subparagraph (B) of such paragraph. (3) Covered agency defined.--In this subsection, the term ``covered agency'' means any of the following: (A) The Architect of the Capitol. (B) The National Park Service. (C) The Smithsonian Institution. (c) Prior Approval for Events at Tennis Stadium at Rock Creek Park.--No event may be held at the William H. G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia. SEC. 3. EFFECTIVE DATE. The amendments made by section 2(a) shall apply to activities carried out after the expiration of the 60-day period that begins on the date of the enactment of this Act, and sections 2 (b) and (c) shall apply to activities carried out and events held after the expiration of such period.

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

District of Columbia Land Use Notification Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Coastal Land Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 14,804 acres of Federal land, as generally depicted on the map entitled ``Oregon Coastal Land Conveyance'', and dated March 27, 2013. (2) Planning area.--The term ``planning area'' means land-- (A) administered by the Director of the Bureau of Land Management; and (B) located in-- (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; and (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Definition of public domain land.-- (A) In general.--In this subsection, the term ``public domain land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusion.--The term ``public domain land'' does not include any land managed in accordance with the Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. SEC. 3. CONVEYANCE. (a) In General.--Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be-- (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and Effect.--The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public Availability.--The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. SEC. 5. ADMINISTRATION. (a) In General.--Unless expressly provided in this Act, nothing in this Act affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions.-- (1) Exports of unprocessed logs.--Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land.--Any real property taken into trust under section 3 shall not be eligible, or used, for any gaming activity carried out under Public Law 100-497 (25 U.S.C. 2701 et seq.). SEC. 6. FOREST MANAGEMENT. Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws. SEC. 7. LAND RECLASSIFICATION. (a) Identification of Oregon and California Railroad Land.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any land owned by the Oregon and California Railroad that is conveyed under section 3. (b) Identification of Public Domain Land.--Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that-- (1) is approximately equal in acreage and condition as the land identified under subsection (a); and (2) is located within the planning area. (c) Maps.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification.-- (1) In general.--After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as land owned by the Oregon and California Railroad. (2) Applicability.--The Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land reclassified as land owned by the Oregon and California Railroad under paragraph (1)(B).

Oregon Coastal Land Conveyance Act - Holds in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians all right, title, and interest of the United States in and to approximately 14,804 acres of federal land generally depicted on the map entitled "Oregon Coastal Land Conveyance," dated March 27, 2013. Makes that land part of the Tribes' reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribes. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribes.

Oregon Coastal Land Conveyance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Technology Partnerships Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are more than 200,000 to 400,000 vacancies in various categories of information technology jobs. (2) From 1996 to 2005, more than 1,300,000 new computer scientists, engineers, and systems analysts will be required in the United States to fill vacant jobs, which equals 136,800 new workers per year. (3) Systems analysts will experience the largest job growth, accounting for a 103 percent increase in the number of new positions from 1996 (506,000) to 2005 (1,025,000). (4) The shortage of information technology workers transcends industries, affecting the manufacturing, service, transportation, health care, education, and government sectors. Within each sector, vacancies exist at all levels from aides and mechanics to programmers and designers. (5) The information technology worker shortage is having an adverse effect on the viability of businesses in the United States and on the Nation's competitiveness. Industry surveys report that half of industry executives cite the lack of workers skilled in technology as the number one obstacle to their company's growth. An additional 20 percent of industry executives identify the lack of information technology workers as a major obstacle to their company's growth. (6) A major factor affecting the short supply of information technology workers is the mismatch between what universities teach and what industry needs. (7) It is in the national interest to promote special initiatives which effectively educate and train our domestic workforce to keep pace with these expanding job opportunities. (8) Institutions of higher education have the capacity and resources to provide a role of oversight and technical assistance to a wide range of local entities, including community-based organizations, participating in a comprehensive education and training program for potential technology workers. (9) Higher education institutions must be responsive to the digital environment and expand both their outreach efforts and on-campus activities to train and certify individuals to close the information technology worker gap. SEC. 3. PARTNERSHIPS FOR POSTSECONDARY INFORMATION TECHNOLOGY EDUCATION AND EMPLOYMENT ASSISTANCE. (a) Grants Authorized.--The Secretary may make grants under this Act, in accordance with competitive criteria established by the Secretary, to institutions of higher education, in order to establish, oversee the operation of, and provide technical assistance to, projects described in subsection (b). (b) Projects.--Projects under this Act shall be projects implemented by a community-based organization described in section 4, or by the institution of higher education receiving the grant, to provide postsecondary information technology education and employment procurement assistance to eligible individuals described in section 5. (c) Restrictions.--An institution of higher education shall be eligible to receive only one grant under this Act, but may, subject to the requirements of this Act, use the grant to enter into contracts with more than one community-based organization. A community-based organization shall not be eligible to enter into a contract under this Act with more than one institution of higher education. (d) Period of Grant.--The provision of payments under a grant under this Act shall not exceed 5 fiscal years and shall be subject to the annual approval of the Secretary and subject to the availability of appropriations for each fiscal year involved. SEC. 4. COMMUNITY-BASED ORGANIZATIONS. (a) In General.--Subject to subsection (b), a community-based organization described in this section is an entity that, at the time the entity enters into a contract with an institution of higher education for a project under this Act, and throughout the duration of that contract-- (1) is-- (A) a governmental agency; or (B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (2) is one of the following: (A) A local partnership (as defined in section 4 of the School-to-Work Opportunities Act of 1994) receiving a grant under section 302 of such Act. (B) An entity organized and operated for religious purposes. (C) An entity furnishing school-age child care services after school. (D) A community-based computer center. (E) An entity furnishing adult education. (F) A library. (G) A museum. (H) Any other entity organized and operated for cultural, literary, or educational purposes. (b) Limitation.--An entity shall not be considered a community- based organization described in this section unless, at the time the entity enters into a contract with an institution of higher education for a project under this Act, it has demonstrated to the satisfaction of the Secretary that-- (1) it has the capacity successfully to recruit eligible individuals described in section 5 for participation in a project described in section 3, consistent with the enrollment requirements in section 6(b)(5); (2) it is providing an educational service, social service, or employment procurement service; and (3) in the case of an entity that independently manages its own finances, it has been in existence 2 years or more. SEC. 5. ELIGIBLE INDIVIDUALS. An eligible individual described in this section is an individual who-- (1) has submitted a satisfactory application to receive postsecondary information technology education and employment procurement assistance through a project under this Act; and (2) has a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate. SEC. 6. DUTIES. (a) Institutions of Higher Education.--An institution of higher education receiving a grant under this Act shall use the funds provided under the grant to carry out the following duties: (1) Final selection of community-based organizations described in section 4 desiring to provide, at one or more sites, in accordance with a contract with the institution of higher education and this Act, postsecondary information technology education and employment procurement assistance to eligible individuals described in section 5. (2) Entering into a contract with each community-based organization selected under paragraph (1) under which the institution and the organization agree to carry out the duties respectively required of them under this Act with respect to each site described in paragraph (1). (3) With respect to each site described in paragraph (1)-- (A) provision of such funding for the establishment and initial operation of the site as was specified in the grant application submitted by the institution to the Secretary; (B) approval of final site selection and preparation; (C) initial orientation and training of personnel employed to manage and operate the site; (D) design and certification of the instructional and academic programs, and oversight of the implementation of the programs; (E) oversight of equipment purchases and contracts for equipment maintenance; and (F) selection of an outside contractor for periodic evaluation of the management and operation of the site. (b) Community-Based Organizations.-- (1) In general.--A community-based organization implementing a project under this Act with an institution of higher education, at one or more sites, shall carry out the duties described in this subsection, with respect to each such site, subject to the oversight and guidance of the institution. (2) General duties.--The organization-- (A) shall undertake final site selection and preparation; (B) shall recruit and hire a site director; (C) shall carry out any supplementary instructional, academic, or educational activities specified in the contract with the institution of higher education that are not described in paragraph (4); (D) shall assemble an advisory committee composed of individuals residing in the community in which the site is located, as well as industry representatives, who desire to assist the organization in ensuring that the goals of the organization are consistent with the goals and needs of the community population; (E) shall provide to the institution other evidence of volunteer support from individuals residing in the community in which the site is located and industry representatives; (F) shall recruit eligible individuals for enrollment, subject to paragraph (5); (G) shall maintain waiting lists of eligible individuals desiring to enroll in the project's programs; (H) shall provide career counseling to eligible individuals enrolled in the project's programs; and (I) shall provide job and internship information and placement, employer contacts, and other forms of employment procurement assistance to eligible individuals enrolled in the project's programs. (3) Site requirements.--The organization shall ensure that each site-- (A) has a minimum of 20 fully functioning computers with sufficient capacity to perform all of the computer operations that are the subject of the curriculum specified in paragraph (4); (B) in addition to the space for the computers described in subparagraph (A), has-- (i) a classroom space with the capacity for seating a minimum of 30 students; (ii) a space in which to conduct the required career and employment counseling functions specified in paragraph (2); and (iii) a separate office for the site director; (C) is real property subject to the control of the organization or the institution, through a lease or other legal instrument, for a period of not less than 5 years; (D) is open to enrolled individuals not less than 12 hours per day; and (E) is located within walking distance of public transportation. (4) Information technology curriculum.-- (A) In general.--The organization shall ensure that each site offers enrollees a curriculum that includes a broad range of course work that will assist them in qualifying for employment in the field of information technology. (B) Courses leading to certification.--Such curriculum shall include course work leading to a certification of competence in areas of information technology recognized by the National Skill Standards Board established under the National Skill Standards Act of 1994. (C) Specific courses.--The computer training offered shall include courses in basic computer competence, on-the-job upgrade assistance, and advanced computer competence. (5) Enrollment requirements.--The organization shall ensure that its enrollment of eligible individuals at each site is consistent with the following: (A) Not less than 50 percent of the eligible individuals shall be, at the time of enrollment, individuals-- (i) to whom a credit was allowed under section 32 of the Internal Revenue Code of 1986 for the preceding taxable year; (ii) who are recipients of assistance under a State program funded under part A of title IV of the Social Security Act; (iii) who are a member of a household participating in the food stamp program; or (iv) who are considered low-income pursuant to regulations promulgated by the Secretary under this Act. (B) Not less than 50 percent of the eligible individuals shall be, at the time of enrollment, under 25 years of age. (C) No prerequisite relating to net worth, income, or assets may be applied to any eligible individual who, at the time of enrollment, is over 50 years of age, except that this requirement shall not be construed to supersede subparagraph (A). SEC. 7. IMPLEMENTATION OF PROJECTS SOLELY BY INSTITUTIONS. The Secretary may make a grant under this Act to an institution of higher education that desires to implement a project under this Act without the participation of a community-based organization described in section 4, if the institution agrees to carry out all of the duties required of such an organization under this Act, in addition to the duties otherwise required of an institution of higher education. The Secretary shall, in awarding grants under this Act, give priority to institutions of higher education whose grant application includes an assurance that the institution will contract with one or more community-based organizations in accordance with this Act. SEC. 8. APPLICATIONS. To apply for a grant under this Act for any fiscal year, an institution of higher education shall submit an application to the Secretary in accordance with the procedures established by the Secretary. The application shall specify the institution's preliminary selections for the community-based organizations (if any) with which the institution proposes to contract, and shall include information with respect to preliminary site selections. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years. SEC. 10. DEFINITIONS. For purposes of this Act: (1) Adult education.--The term ``adult education'' has the meaning given such term in section 312 of the Adult Education Act. (2) Community-based computer center.--The term ``community- based computer center'' means a computer center-- (A) funded by both the Federal Government and at least one private sector entity; (B) located in a low-income community (as determined by the Secretary); and (C) organized and operated for the purpose of providing families with access to computer resources that otherwise would not be available to them. (3) Food stamp program.--The term ``food stamp program'' has the meaning given such term in section 3(h) of the Food Stamp Act of 1977. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 1201 of the Higher Education Act of 1965. (5) Library.--The term ``library'' has the meaning given such term in section 213 of the Library Services and Technology Act. (6) Museum.--The term ``museum'' has the meaning given such term in section 272 of the Museum and Library Services Act. (7) Secretary.--The term ``Secretary'' means the Secretary of Education.

Information Technology Partnerships Act - Authorizes the Secretary of Education to make competitive grants to institutions of higher education to establish, oversee, and provide technical assistance to postsecondary information technology education and employment assistance projects. Requires such projects to be implemented by certain types of community-based organizations, or by the institutions receiving the grants. Makes applicants eligible for such project assistance if they have a high school diploma or equivalent. Sets forth requirements for: (1) duties of, and uses of project funds by, institutions of higher education and community-based organizations; (2) project sites; (3) information technology curricula; and (4) minimum enrollment percentages of specified low-income individuals and individuals under age 25. Authorizes grants for implementation of a project solely by institutions of higher education without the participation of community-based organizations; but gives grant award priority to institutions of higher education whose grant applications include an assurance that they will contract with one or more community-based organizations. Authorizes appropriations.

Information Technology Partnerships Act

5 of the 101st Congress, agreed to on February 22, 1989 (103 Stat. 2533). ``(f) Display To Be in a Manner Visible to the Public.--Display of the POW/MIA flag pursuant to this section shall be in a manner designed to ensure visibility to the public. ``(g) Limitation.--This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the POW/MIA flag.''. (2) In section 2102(b), strike ``designated personnel'' and substitute ``personnel made available to the Commission''. (3) In section 2501(2), insert ``solicit,'' before ``accept,''. (4)(A) Insert after chapter 201 the following: ``CHAPTER 202--AIR FORCE SERGEANTS ASSOCIATION ``Sec. ``20201. Definition. ``20202. Organization. ``20203. Purposes. ``20204. Membership. ``20205. Governing body. ``20206. Powers. ``20207. Restrictions. ``20208. Duty to maintain corporate and tax-exempt status. ``20209. Records and inspection. ``20210. Service of process. ``20211. Liability for acts of officers and agents. ``20212. Annual report. ``Sec. 20201. Definition ``For purposes of this chapter, `State' includes the District of Columbia and the territories and possessions of the United States. ``Sec. 20202. Organization ``(a) Federal Charter.--Air Force Sergeants Association (in this chapter, the `corporation'), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 20203. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) helping to maintain a highly dedicated and professional corps of enlisted personnel within the United States Air Force, including the United States Air Force Reserve, and the Air National Guard; ``(2) supporting fair and equitable legislation and Department of the Air Force policies and influencing by lawful means departmental plans, programs, policies, and legislative proposals that affect enlisted personnel of the Regular Air Force, the Air Force Reserve, and the Air National Guard, its retirees, and other veterans of enlisted service in the Air Force; ``(3) actively publicizing the roles of enlisted personnel in the United States Air Force; ``(4) participating in civil and military activities, youth programs, and fundraising campaigns that benefit the United States Air Force; ``(5) providing for the mutual welfare of members of the corporation and their families; ``(6) assisting in recruiting for the United States Air Force; ``(7) assembling together for social activities; ``(8) maintaining an adequate Air Force for our beloved country; ``(9) fostering among the members of the corporation a devotion to fellow airmen; and ``(10) serving the United States and the United States Air Force loyally, and doing all else necessary to uphold and defend the Constitution of the United States. ``(b) Corporate Function.--The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the District of Columbia. ``Sec. 20204. Membership ``(a) Eligibility.--Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation. ``(b) Nondiscrimination.--The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 20205. Governing body ``(a) Board of Directors.--The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation. ``(b) Officers.--The officers and the election of officers are as provided in the bylaws and articles of incorporation. ``(c) Nondiscrimination.--The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 20206. Powers ``The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 20207. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 20208. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the District of Columbia. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 20209. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote. ``(b) Inspection.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 20210. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 20211. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 20212. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.''. (B) In the table of chapters at the beginning of subtitle II, insert after the item related to chapter 201: ``202. AIR FORCE SERGEANTS ASSOCIATION........................ 20201''. (5)(A) Insert after chapter 209 the following: ``CHAPTER 210--AMERICAN GI FORUM OF THE UNITED STATES ``Sec. ``21001. Definition. ``21002. Organization. ``21003. Purposes. ``21004. Membership. ``21005. Governing body. ``21006. Powers. ``21007. Restrictions. ``21008. Duty to maintain corporate and tax-exempt status. ``21009. Records and inspection. ``21010. Service of process. ``21011. Liability for acts of officers and agents. ``21012. Annual report. ``Sec. 21001. Definition ``For purposes of this chapter, `State' includes the District of Columbia and the territories and possessions of the United States. ``Sec. 21002. Organization ``(a) Federal Charter.--American GI Forum of the United States (in this chapter, the `corporation'), a nonprofit corporation incorporated in Texas, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 21003. Purposes ``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) securing the blessing of American democracy at every level of local, State, and national life for all United States citizens; ``(2) upholding and defending the Constitution and the United States flag; ``(3) fostering and perpetuating the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all; ``(4) fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin; ``(5) encouraging greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the United States Government; ``(6) combating all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual; and ``(7) fostering and promoting the broader knowledge and appreciation by all United States citizens of their cultural heritage and language. ``(b) Corporate Function.--The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of Texas. ``Sec. 21004. Membership ``(a) Eligibility.--Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws and articles of incorporation. ``(b) Nondiscrimination.--The terms of membership may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 21005. Governing body ``(a) Board of Directors.--The board of directors and the responsibilities of the board are as provided in the bylaws and articles of incorporation. ``(b) Officers.--The officers and the election of officers are as provided in the bylaws and articles of incorporation. ``(c) Nondiscrimination.--The requirements for serving as a director or officer may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. ``Sec. 21006. Powers ``The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 21007. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 21008. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of Texas. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 21009. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote. ``(b) Inspection.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 21010. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 21011. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 21012. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.''. (B) In the table of chapters at the beginning of subtitle II, insert after the item related to chapter 209: ``210. AMERICAN GI FORUM OF THE UNITED STATES................. 21001''. (6) In section 21703(1)(A)(iv), strike ``December 22, 1961'' and substitute ``February 28, 1961''. (7) In section 70103(b), strike ``the State of''. (8) In section 151303, subsections (f) and (g) are amended to read as follows: ``(f) Status.--Appointment to the board does not constitute appointment as an officer or employee of the United States Government for the purpose of any law of the United States. ``(g) Compensation.--Members of the board serve without compensation. ``(h) Liability.--Members of the board are not personally liable, except for gross negligence.''. (9) In section 151305(b), strike ``the State of''. (10) In section 152903(8), strike ``Corporation'' and substitute ``corporation''. SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS. (a) The provisos in the paragraph under the heading ``American Battle Monuments Commission'' in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 (Public Law 105-65, Oct. 27, 1997, 111 Stat. 1368, 36 App. U.S.C. 121b, 122, and 122a) are repealed. (b) Paragraph (3) of section 198(s) of the National and Community Service Act of 1990 (42 U.S.C. 12653(s)(3)) is repealed. (c) Effective August 12, 1998, Public Law 105-225 (Aug. 12, 1998, 112 Stat. 1253) is amended as follows: (1) Section 4(b) is amended by striking ``2320(d)'' and substituting ``2320(e)''. (2) Section 7(a), and the amendment made by section 7(a), are repealed. SEC. 3. EFFECTIVE DATE. The amendment made by section 1(8) of this Act shall take effect as if included in the provisions of Public Law 105-225, as of the date of enactment of Public Law 105-225. SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION. (a) No Substantive Change.--(1) Section 1 of this Act restates, without substantive change, laws enacted before September 5, 1998, that were replaced by section 1. Section 1 may not be construed as making a substantive change in the laws replaced. (2) Laws enacted after September 4, 1998, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. (b) References.--A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) Continuing Effect.--An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) Actions and Offenses Under Prior Law.--An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. (e) Inferences.--An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a heading of the provision. (f) Severability.--If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications. SEC. 5. REPEALS. (a) Inferences of Repeal.--The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal. (b) Repealer Schedule.--The laws specified in the following schedule are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act: Schedule of Laws Repealed Statutes at Large ---------------------------------------------------------------------------------------------------------------- Statutes at Large U.S. Code Date Chapter or Public Section ----------------------------------------------------- Law Volume Page Title Section ---------------------------------------------------------------------------------------------------------------- 1997 Nov. 18 105-85.............. 1082, 1501-1516.... 111 1917, 1963......... 36 App. 189a, 1101, 5801-5815 Nov. 20 105-110............. ................... 111 2270............... 36 App. 45 1998 Aug. 7 105-220............. 413................ 112 1241............... 36 App. 155b Aug. 13 105-231............. 1-16............... 112 1530............... 36 App. 1101, 5901- 5915 ---------------------------------------------------------------------------------------------------------------- Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends title 36, United States Code to: (1) codify specified Federal laws related to Patriotic and National Observances, Ceremonies, and Organizations; and (2) make technical corrections to, or repeal, certain Federal laws.

A bill to clarify without substantive change laws related to Patriotic and National Observances, Ceremonies, and Organizations and to improve the United States Code.

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

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Americans Act Technical Amendments of 1993''. SEC. 2. TECHNICAL AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965. The Older Americans Act of 1965 (42 U.S.C. 3001-3058ee) is amended-- (1) in section 102(3) by inserting ``of the United States'' after ``Virgin Islands'', (2) in section 202(a)(18)-- (A) by striking ``, and service providers,'', and (B) by inserting ``, and service providers,'' after ``on aging'', (3) in section 202(a)(27)(C) by striking ``1994'' and inserting ``1995'', (4) in section 203(a)(3) by striking ``Federal'' the first place it appears, (5) in section 206(g)-- (A) in paragraph (1) by striking ``1994'' and inserting ``1995'', (B) in paragraph (2)(B) by striking ``1993'' and inserting ``1994'', and (C) in paragraph (3) by striking ``1994'' and inserting ``1995'', (6) in the first sentence of section 211 by striking ``agencies,'' and inserting ``agencies'', (7) in section 302 by striking paragraph (10), (8) in paragraphs (1) and (2) of section 305(b) by striking ``clause (1) of subsection (a)'' each place it appears, and inserting ``subsection (a)(1)'', (9) in section 307-- (A) in section 307(a)-- (i) in the last sentence of paragraph (8) by striking ``knowledgable'' and inserting ``knowledgeable'', and (ii) in paragraph (24) by striking the semicolon at the end and inserting a period, and (B) in subsection (b)(2) by striking ``the requirement described in clause (3)(B) of subsection (a)'' and inserting ``such requirement'', (10) in section 310(a)(1) by striking ``Disaster Relief and Emergency Assistance Act'' and inserting ``Robert T. Stafford Disaster Relief and Emergency Assistance Act'', (11) in section 314(a) by striking ``(a) Promotion.--'', (12) in section 321(a)(15) by striking ``clause (16) of section 307(a)'' and inserting ``chapter 3 of subtitle A of title VII and section 307(a)(16)'', (13) in section 361(a) by inserting ``and Prevention'' after ``Control'', (14) in section 402(b) by striking ``Alcohol, Drug Abuse, and Mental Health Administration'' and inserting ``Substance Abuse and Mental Health Services Administration'', (15) in section 411(e) by striking ``431(b)'' and inserting ``section 431(b)'', (16) in the first sentence of section 421(a) by striking ``purposes'' the last place it appears and inserting ``purpose'', (17) in section 429G(a)(2)(B)(v)(X) by striking ``and'' at the end, (18) in subsections (a) and (b)(2) of section 429I by striking ``black'' and inserting ``Black'', (19) in section 429J(a)(2)(D) by inserting ``of 1974'' after ``Act'', (20) in section 510 by striking ``section 203 of such Act (29 U.S.C. 1603)'' and inserting ``sections 203 and 204(d)(5)(A) of such Act (29 U.S.C. 1603, 1604(d)(5)(A))'', and (21) in subsections (c) and (d) of section 614 by striking ``Commission'' and inserting ``Assistant Secretary''. SEC. 3. ASSISTANT SECRETARY FOR AGING. (a) Amendments to the Older Americans Act of 1965.--The Older Americans Act of 1965 (42 U.S.C. 3001-3058ee) is amended-- (1) by amending section 102(2) to read as follows: ``(2) The term `Assistant Secretary' means the Assistant Secretary for Aging.'', (2) in section 201-- (A) in subsection (a) by striking ``a Commissioner on'' and inserting ``an Assistant Secretary for'', (B) in subsection (c)-- (i) in paragraph (2) by striking ``an Associate Commissioner on'' and inserting ``a Director of the Office for'', and (ii) in paragraph (3) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', (C) in subsection (d)-- (i) by striking ``an Associate Commissioner for Ombudsman Programs'' and inserting ``a Director of the Office of Long-Term Care Ombudsman Programs'', and (ii) by striking ``Associate Commissioner'' each place it appears and inserting ``Director'', and (D) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (3) in section 202-- (A) in the heading by striking ``commissioner'' and inserting ``assistant secretary'', (B) in subsection (a)(21)(A) by striking ``Associate Commissioner for Ombudsman Programs'' and inserting ``Director of the Office of Long-Term Care Ombudsman Programs'', (C) in subsection (e)(1)(A)(iv) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', and (D) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (4) in sections 212 and 429E-- (A) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', and (B) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (5) in section 307-- (A) in subsections (d) and (e) by striking ``Commissioner's'' each place it appears and inserting ``Assistant Secretary's'', and (B) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (6) in section 311(a)(4)(B) by striking ``Commissioner'' and inserting ``Assistant Secretary for Aging'', (7) in section 427-- (A) in subsection (a) by striking ``Commissioner'' and inserting ``Assistant Secretary'', and (B) in subsection (b) by striking ``Commissioner on Aging'' each place it appears and inserting ``Assistant Secretary'', (8) in subsections (a) and (b)(1) of section 503, and in section 505(a), by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary for Aging'', (9) in section 712-- (A) in subsection (h)(4)(A) by striking ``Associate Commissioner for Ombudsman Programs'' and inserting ``Director of the Office of Long-Term Care Ombudsman Programs'', and (B) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (10) in section 751-- (A) in subsection (a) by striking ``Associate Commissioner on'' and inserting ``Director of the Office for'', and (B) in subsections (a) and (b) by striking ``Commissioner'' each place it appears and inserting ``Assistant Secretary'', (11) in the headings of sections 338B(b), 429A(g)(2), 429G(c)(2), and 763(b) by striking ``Commissioner'' and inserting ``Assistant Secretary'', (12) in the heading of section 433 by striking ``commissioner'' and inserting ``assistant secretary'', and (13) by striking ``Commissioner'' each place it appears, and inserting ``Assistant Secretary'', in sections 203(a), 203A, 204(d), 205, 206(g), 207, 211, 214, 215(b)(2), 301, 304, 305, 306, 308, 309(a), 310, 312, 313(a), 314, 321, 331, 336, 337, 338(a), 338A, 338B, 341, 351, 361, 381, 402, 411, 412, 421, 422, 423, 424, 425(a), 428, 429, 429A, 429B, 429C, 429D, 429F, 429G, 429H, 429I, 429J, 431, 432, 433, 613, 614, 614A, 623, 624, 631, 632, 701, 703, 705(a)(7)(D), 713, 741(a)(4)(G), 763, and 764(a). (b) Amendments to Other Law.--(1) Section 5315 of title 5 of the United States Code is amended in the item relating to Assistant Secretaries of Health and Human Services by striking ``(5)'' and inserting ``(6)''. (2) Section 9(b) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 958(b)) is amended by striking ``Commissioner on Aging'' and inserting ``Assistant Secretary for Aging''. (3) Sections 911(a)(8) and 921(a)(2) of the Alzheimer's Disease and Related Dementias Services Research Act of 1986 (42 U.S.C. 11211(a)(8), 11221(a)(2)) are amended by striking ``Commissioner on Aging'' and inserting ``Assistant Secretary for Aging''. (4) Section 17(o)(3)(A) of the National School Lunch Act (42 U.S.C. 1766(o)(3)(A)) is amended by striking ``Commissioner of Aging'' and inserting ``Assistant Secretary for Aging''. (c) References.--Any reference to the Commissioner on Aging in any order, rule, guideline, contract, grant, suit, or proceeding that is pending, enforceable, or in effect on the date of the enactment of this Act shall be deemed to be a reference to the Assistant Secretary for Aging. SEC. 4. MATTERS RELATING TO THE OLDER AMERICANS ACT AMENDMENTS OF 1992. (a) Technical Amendments.--The Older Americans Act Amendments of 1992 (Public Law 102-375; 106 Stat. 1195-1310) is amended-- (1) in section 202(g) by striking ``1993'' each place it appears and inserting ``1994'', (2) in section 211 by striking ``1994'' and inserting ``1995'', and (3) in section 502(b)-- (A) in the matter preceding paragraph (1) by striking ``The first sentence of section'' and inserting ``Section'', and (B) in paragraph (1) by inserting ``in the first sentence'' after ``(1)''. (b) Delayed Applicability of Certain Amendments.--The amendments made by-- (1) sections 303(a)(2), 303(a)(3), 304 (excluding paragraphs (1) and (2) of subsection (a)), 305, 306, 307, and 317, and (2) title VII, of the Older Americans Act Amendments of 1992 (Public Law 102-375; 106 Stat. 1221 et seq.) shall not apply with respect to fiscal year 1993. SEC. 5. TECHNICAL AMENDMENTS TO THE NATIVE AMERICAN PROGRAMS ACT OF 1974. The Native American Programs Act of 1974 (42 U.S.C. 2991-2992d) is amended-- (1) in section 802 by striking ``Alaskan'' and inserting ``Alaska'', and (2) in the first sentence of section 803(a) by striking ``nonreservation areas'' and inserting ``areas that are not Indian reservations or Alaska Native villages'', (3) in section 803A-- (A) in subsections (b), (c), and (d)(1) by striking ``to which a grant is awarded under subsection (a)(1)'' each place it appears, (B) in subsection (d)(2) by striking ``to which a grant is made under subsection (a)(1)'', and (C) in subsection (f)(1) by striking ``for fiscal years 1988, 1989, and 1990 the aggregate amount $3,000,000 for all such fiscal years'' and inserting ``for each of the fiscal years 1992, 1993, and 1994, $1,000,000'', (4) in section 803B(c)-- (A) in paragraph (5) by striking ``individuals who'' and inserting ``agencies described in section 803(a) that'', and (B) in paragraph (6) by striking ``such individuals'' and inserting ``Native Americans,'', (5) in section 806(a)(2) by striking ``Alaskan'' and inserting ``Alaska'', (6) in section 815-- (A) in paragraph (2) by striking ``Alaskan'' each place it appears and inserting ``Alaska'', and (B) in paragraph (4) by adding a semicolon at the end, and (6) in section 816-- (A) in subsections (a) and (b) by inserting a comma after ``803A'' each place it appears, (B) in subsection (c) by striking ``are'' and inserting ``is'', (C) in subsection (e) by striking ``fiscal years 1992 and 1993'' and inserting ``fiscal year 1994'', and (D) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. SEC. 6. AMENDMENTS REGARDING THE WHITE HOUSE CONFERENCE ON AGING. Title II of the Older Americans Amendments of 1987 (42 U.S.C. 3001 note) is amended-- (1) in section 202(a) by striking ``December 31, 1994'' and inserting ``May 31, 1995,'', (2) in section 203(b)-- (A) in paragraph (1) by striking ``subsection (a)(2)'' and inserting ``subsection (a)(3)'', and (B) in paragraph (3) by striking ``subsection (a)(5)'' and inserting ``subsection (a)(6)'', (3) in section 204-- (A) in subsection (a)-- (i) in paragraph (1) by striking ``90 days after the enactment of the Older Americans Act Amendments of 1992'' and inserting ``December 31, 1993'', and (ii) in paragraph (2)(B) by striking ``60 days'' and inserting ``90 days'', (B) in subsection (b) by moving the left margin of paragraph (2) 2 ems to the right so as to align such margin with the left margin of paragraph (1), and (C) in subsection (d) by striking ``prescribed rate for GS- 18 under section 5332'' and inserting ``equivalent of the maximum rate of pay payable under section 5376'', (4) in section 206(5) by inserting ``of the United States'' after ``Virgin Islands'', and (5) in section 207-- (A) in subsection (a)(1) by striking ``1994'' and inserting ``1996'', and (B) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``June 30, 1995, or'', and (II) by striking ``, whichever occurs earlier'', (ii) in paragraph (2)-- (I) by striking ``June 30, 1995, or'', and (II) by striking ``, whichever occurs earlier,'', and (iii) in paragraph (3) by striking ``June 30, 1994'' and inserting ``December 31, 1995''. SEC. 7. AMENDMENTS TO THE COMMUNITY SERVICES BLOCK GRANT ACT. (a) Discretionary Authority.--Section 681(a)(2) of the Community Services Block Grant Act (42 U.S.C. 9910(a)(2)) is amended-- (1) in subparagraph (D) by striking ``(including'' and all that follows through ``facilities'', and inserting ``, including rental housing for low-income individuals'', (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and (3) by inserting after subparagraph (D) the following: ``(E) technical assistance and training programs regarding the planning and development of rural community facilities (in selecting entities to carry out such programs, the Secretary shall give priority to organizations described in subparagraph (D));''. (b) Annual Report.--Section 682 of the Community Services Block Grant Act (42 U.S.C. 9911) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``contract with'' and inserting ``awarding a grant or contract to'', (ii) by striking ``this subtitle'' and inserting ``section 674'', and (iii) by striking subparagraphs (A) and (B) and inserting the following: ``(A) The uses of the Community Services Block Grant to the States that are related to the purposes of the subtitle. ``(B) The number of entities eligible for funds under this subtitle, the number of low-income persons served under this subtitle, and that amount of information concerning the demographics of the low-income populations served by such eligible entities as is determined to be feasible. ``(C) Any information in addition to that described in subparagraph (B) that the Secretary considers to be appropriate to carry out this subtitle, except that the Secretary may not require a State to provide such additional information until the expiration of the 1-year period beginning on the date on which the Secretary notifies such State that such additional information will be required to be provided.'', (B) by striking paragraphs (2) and (3), and (C) by adding at the end the following: ``(2) In selecting an entity to prepare a report under this subsection, the Secretary shall give a preference to any nonprofit entity that has demonstrated the ability to secure the voluntary cooperation of grantees under this subtitle in designing and implementing national Community Services Block Grant information systems.'', and (2) in subsection (b) by striking ``Not later'' and all that follows through ``prepared, the'', and inserting ``The''. (c) Technical Amendments.--The Community Services Block Grant Act (42 U.S.C. 9901-9912) is amended-- (1) in section 673(4) by inserting ``of the United States'' after ``Virgin Islands'', (2) in section 674(a)-- (A) in paragraphs (1)(B) and (2)(A)(ii) by striking ``681(c)'' each place it appears and inserting ``681(d)'', and (B) in paragraph (3) by inserting ``of the United States'' after ``Virgin Islands'', (3) in section 680(a) by striking ``681(c)'' and inserting ``681(d)'', and (4) in section 681A by striking ``Statewide'' and inserting ``statewide''. SEC. 8. TECHNICAL AMENDMENTS WITH RESPECT TO CHILD CARE. Section 8 of Public Law 102-586 is amended by striking ``Child Care and Development Block Grant Act Amendments of 1992'' each place it appears and inserting ``Child Care and Development Block Grant Act of 1990''. SEC. 9. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT. (a) In General.--The first sentence of section 114(d) of the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 (42 U.S.C. 5106a note; Public Law 102-295) is amended-- (1) by striking ``on October 1, 1993, or'', and (2) by striking ``, whichever occurs first''. (b) Effective Date.--The amendments made by subsection (a) take effect on September 30, 1993. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Older Americans Act Technical Amendments of 1993 - Makes numerous miscellaneous technical amendments necessitated by the enactment of the Older Americans Act Amendments of 1992 to various provisions of the Older Americans Act of 1965 (OAA), including those extending the deadlines for certain reports to the Congress, and those under OAA and other specified Federal laws elevating the Commissioner on Aging to Assistant Secretary for Aging within the Department of Health and Human Services. Amends the Older Americans Act Amendments of 1992 to: (1) extend the deadlines for obligating funds for operation of the National Ombudsman Resource Center and National Center on Elder Abuse; and (2) delay the applicability of certain amendments, including those relating to vulnerable elder rights protection activities. Amends the Native American Programs Act of 1974 to: (1) make numerous miscellaneous technical amendments; and (2) authorize appropriations for FY 1994 for demonstration projects for research related to Native American studies and Indian policy development and for a plan for the establishment of a National Center for Native American Studies and Indian Policy Development. Amends the Older Americans Amendments of 1987 to: (1) extend the deadline for the President to convene the White House Conference on Aging; (2) authorize appropriations for FY 1995 and 1996 for the Conference; and (3) make miscellaneous technical amendments regarding Conference administration and availability of funds. Amends the Community Services Block Grant Act to: (1) make miscellaneous technical amendments to various provisions of such Act; (2) change annual reporting requirements; and (3) split the discretionary grants program for rural housing and community facilities into two separate items. Amends specified Federal law authorizing appropriations for the continued implementation of the Juvenile Justice and Delinquency Prevention Act of 1974 to replace references to the Development Block Grant Act Amendments of 1992 with references to the Child Care and Development Block Grant Act of 1990. Amends the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 to make certain changes to the State grant program for child abuse and neglect prevention and treatment effective only after annual appropriations reach $40 million.

Older Americans Act Technical Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Police Athletic League Youth Enrichment Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The goals of the Police Athletic League are to-- (A) increase the academic success of youth participants in PAL programs; (B) promote a safe, healthy environment for youth under the supervision of law enforcement personnel where mutual trust and respect can be built; (C) increase school attendance by providing alternatives to suspensions and expulsions; (D) reduce the juvenile crime rate in participating designated communities and the number of police calls involving juveniles during nonschool hours; (E) provide youths with alternatives to drugs, alcohol, tobacco, and gang activity; (F) create positive communications and interaction between youth and law enforcement personnel; and (G) prepare youth for the workplace. (2) The Police Athletic League, during its 55-year history as a national organization, has proven to be a positive force in the communities it serves. (3) The Police Athletic League is a network of 1,700 facilities serving over 3,000 communities. There are 320 PAL chapters throughout the United States, the Virgin Islands, and the Commonwealth of Puerto Rico, serving 1,500,000 youths, ages 5 to 18, nationwide. (4) Based on PAL chapter demographics, approximately 82 percent of the youths who benefit from PAL programs live in inner cities and urban areas. (5) PAL chapters are locally operated, volunteer-driven organizations. Although most PAL chapters are sponsored by a law enforcement agency, PAL chapters receive no direct funding from law enforcement agencies and are dependent in large part on support from the private sector, such as individuals, business leaders, corporations, and foundations. PAL chapters have been exceptionally successful in balancing public funds with private sector donations and maximizing community involvement. (6) Today's youth face far greater risks than did their parents and grandparents. Law enforcement statistics demonstrate that youth between the ages of 12 and 17 are at risk of committing violent acts and being victims of violent acts between the hours of 3 p.m. and 8 p.m. (7) Greater numbers of students are dropping out of school and failing in school, even though the consequences of academic failure are more dire in 1999 than ever before. (8) Many distressed areas in the United States are still underserved by PAL chapters. SEC. 3. PURPOSE. The purpose of this Act is to provide adequate resources in the form of-- (1) assistance for the 320 established PAL chapters to increase of services to the communities they are serving; and (2) seed money for the establishment of 250 (50 per year over a 5-year period) additional local PAL chapters in public housing projects and other distressed areas, including distressed areas with a majority population of Native Americans, by not later than fiscal year 2005. SEC. 4. DEFINITIONS. In this Act: (1) Assistant attorney general.--The term ``Assistant Attorney General'' means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice. (2) Distressed area.--The term ``distressed area'' means an urban, suburban, or rural area with a high percentage of high- risk youth, as defined in section 509A of the Public Health Service Act (42 U.S.C. 290aa-8(f)). (3) PAL chapter.--The term ``PAL chapter'' means a chapter of a Police or Sheriff's Athletic/Activities League. (4) Police athletic league.--The term ``Police Athletic League'' means the private, nonprofit, national representative organization for 320 Police or Sheriff's Athletic/Activities Leagues throughout the United States (including the Virgin Islands and the Commonwealth of Puerto Rico). (5) Public housing; project.--The terms ``public housing'' and ``project'' have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). SEC. 5. GRANTS AUTHORIZED. (a) In General.--For each of fiscal years 2000, 2001, 2002, 2003, and 2004, the Assistant Attorney General shall award a grant to the Police Athletic League for the purpose of establishing PAL chapters to serve public housing projects and other distressed areas, and expanding existing PAL chapters to serve additional youths. (b) Application.-- (1) Submission.--In order to be eligible to receive a grant under this section, the Police Athletic League shall submit to the Assistant Attorney General an application, which shall include-- (A) a long-term strategy to establish 250 additional PAL chapters and detailed summary of those areas in which new PAL chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year; (B) a plan to ensure that there are a total of not less than 570 PAL chapters in operation before January 1, 2003; (C) a certification that there will be appropriate coordination with those communities where new PAL chapters will be located; and (D) an explanation of the manner in which new PAL chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued. (2) Review.--The Assistant Attorney General shall review and take action on an application submitted under paragraph (1) not later than 120 days after the date of such submission. SEC. 6. USE OF FUNDS. (a) In General.-- (1) Assistance for new and expanded chapters.--Amounts made available under a grant awarded under this Act shall be used by the Police Athletic League to provide funding for the establishment of PAL chapters serving public housing projects and other distressed areas, or the expansion of existing PAL chapters. (2) Program requirements.--Each new or expanded PAL chapter assisted under paragraph (1) shall carry out not less than 4 programs during nonschool hours, of which-- (A) not less than 2 programs shall provide-- (i) mentoring assistance; (ii) academic assistance; (iii) recreational and athletic activities; or (iv) technology training; and (B) any remaining programs shall provide-- (i) drug, alcohol, and gang prevention activities; (ii) health and nutrition counseling; (iii) cultural and social programs; (iv) conflict resolution training, anger management, and peer pressure training; (v) job skill preparation activities; or (vi) Youth Police Athletic League Conferences or Youth Forums. (b) Additional Requirements.--In carrying out the programs under subsection (a), a PAL chapter shall, to the maximum extent practicable-- (1) use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways; (2) ensure that youth in the local community participate in designing the after-school activities; (3) develop creative methods of conducting outreach to youth in the community; (4) request donations of computer equipment and other materials and equipment; and (5) work with State and local park and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served. SEC. 7. REPORTS. (a) Report to Assistant Attorney General.--For each fiscal year for which a grant is awarded under this Act, the Police Athletic League shall submit to the Assistant Attorney General a report on the use of amounts made available under the grant. (b) Report to Congress.--Not later than May 1 of each fiscal year for which amounts are made available to carry out this Act, the Assistant Attorney General shall submit to the Committee on the Judiciary of the Senate a report that details the progress made under this Act in establishing and expanding PAL chapters in public housing projects and other distressed areas, and the effectiveness of the PAL programs in reducing drug abuse, school dropouts, and juvenile crime. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $16,000,000 for each of fiscal years 2000 through 2004. (b) Funding for Program Administration.--Of the amount made available to carry out this Act in each fiscal year-- (1) not less than 2 percent shall be used for research and evaluation of the grant program under this Act; (2) not less than 1 percent shall be used for technical assistance related to the use of amounts made available under grants awarded under this Act; and (3) not less than 1 percent shall be used for the management and administration of the grant program under this Act, except that the total amount made available under this paragraph for administration of that program shall not exceed 6 percent. SEC. 9. EFFECTIVE DATE. This Act shall take effect on October 1, 1999.

National Police Athletic League Youth Enrichment Act of 1999 - Directs the Assistant Attorney General for the Office of Justice Programs of the Department of Justice, for each of FY 2000 through 2004, to award a grant to the Police Athletic League (PAL) for the purposes of establishing PAL chapters to serve public housing projects and other distressed areas and expanding existing chapters to serve additional youths. Requires PAL, in order to be eligible to receive a grant, to submit to the Assistant Attorney General an application which shall include: (1) a long-term strategy to establish 250 additional chapters and a detailed summary of those areas in which new chapters will be established, or in which existing chapters will be expanded to serve additional youths, during the next fiscal year; (2) a plan to ensure that there are a total of not less than 570 chapters in operation before January 1, 2003; (3) a certification that there will be appropriate coordination with those communities where new chapters will be located; and (4) an explanation of the manner in which new chapters will operate without additional, direct Federal financial assistance once assistance under this Act is discontinued. Directs the Assistant Attorney General to review, and take action on, an application within 120 days after the date of submission. (Sec. 6) Directs that amounts made available under a grant awarded under this Act be used by the PAL to provide funding for the establishment of PAL chapters serving public housing projects and other distressed areas, or the expansion of existing PAL chapters. Requires that each new or expanded PAL chapter assisted carry out not less than four programs during non-school hours, of which: (1) not less than two programs shall provide mentoring assistance, academic assistance, recreational and athletic activities, or technology training; and (2) any remaining programs shall provide drug, alcohol, and gang prevention activities; health and nutrition counseling; cultural and social programs; conflict resolution training, anger management, and peer pressure training; job skill preparation activities; or Youth Police Athletic League Conferences or Youth Forums. (Sec. 7) Sets forth reporting requirements. (Sec. 8) Authorizes appropriations. Sets aside specified percentages of grant sums for research and evaluation, technical assistance, and management and administration.

National Police Athletic League Youth Enrichment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Volunteer Service Reserve Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The changing threats and issues that face the Nation require a new and innovative approach to mobilizing the citizenry in times of need. (2) The Civilian Volunteer Service Reserve program offers a flexible approach to the needs of specific crises, such as natural disasters, incidents of terrorism, or other emergencies at home or abroad. (3) Citizenship entails responsibilities as well as rights. The Civilian Volunteer Service Reserve program will challenge all Americans to sacrifice for their country. (4) The Civilian Volunteer Service Reserve program will make it possible to draw on the vast array of skills and the ingenuity of ordinary Americans in times of need. SEC. 3. ESTABLISHMENT. The Secretary of Homeland Security shall establish the Civilian Volunteer Service Reserve (referred to in this Act as the ``Civilian Reserve''), a national volunteer service corps ready for service in response to domestic or international emergencies, or other circumstances determined by the President pursuant to section 6. SEC. 4. GENERAL AUTHORITY. The Secretary of Homeland Security shall appoint a Director and such other officers as the Secretary considers appropriate to organize and administer the Civilian Reserve program consistent with the provisions of this Act. The Secretary is authorized to promulgate regulations necessary to carry out this Act. SEC. 5. ELIGIBILITY, COMMITMENT, AND REGISTRATION. (a) Eligibility.--All citizens and legal residents of the United States over the age of 18 shall be eligible to serve in the Civilian Reserve. (b) Commitment.--Individuals who volunteer with the Civilian Reserve shall be enrolled for a 5-year period, and shall be expected during such period to serve in full-time active duty status for a total period of 6 months, when called to such service under section 6. There shall be no limit to the number of 5-year periods of service that an individual may register to serve. (c) Registration.--Registration for the Civilian Reserve shall be administered in a manner determined by the Secretary of Homeland Security. At minimum, such registration shall include-- (1) the applicant's name, address, telephone number, Social Security number, and E-mail address; (2) the applicant's occupation, areas of study, and skills; and (3) the applicant's preference for local, national, or international service. SEC. 6. MOBILIZATION. (a) Mobilization.-- (1) In general.--The President shall have the authority to issue a voluntary call to action by issuing an executive order to mobilize certain members of the Civilian Reserve to full- time active duty status for a period not exceeding 6 months, in order to meet the pressing needs of the Nation in times of emergency, as determined by the President in consultation with the Secretary of Homeland Security. (2) Considerations.--In selecting members of the Civilian Reserve to call to action pursuant to paragraph (1), the President shall consider the relevant skills required by the emergency, the geographic location of the volunteers, and the logistics of such a mobilization. (3) Methodology of call to action.--To the extent practicable, for a voluntary call to action issued under paragraph (1), members of the Civilian Reserve shall be contacted via telephone, E-mail, and mail service. (b) Voluntary Acceptance of Call to Action.--Members of the Civilian Reserve may choose to accept a call to action issued pursuant to subsection (a)(1) and enter full-time active duty status for the period specified in such call to action, not exceeding 6 months. Members of the Civilian Reserve may also decline such a call to action, so long as such members remain committed to serving in full-time active duty status for some period or periods, not to exceed a total of 6 months, during their 5-year enrollment. (c) Mandatory Service.--The President may, under extreme circumstances, issue a mandatory mobilization of members of the Civilian Reserve, requiring such members to begin full-time active duty service for a period not exceeding 6 months. Such mobilization may apply to any members of the Civilian Reserve notwithstanding whether such members have fulfilled their expected 6-month period of service described in section 5(b) prior to such mandatory mobilization. Exemptions from such mandatory service shall be made for hardship due to family or other circumstances, upon appeal by an individual member of the Civilian Reserve. SEC. 7. FULL-TIME ACTIVE DUTY SERVICE AND BENEFITS. (a) In General.--Members of the Civilian Reserve serving in full- time active duty status shall work side-by-side with officers and agencies of the Federal, State, and local governments, non-profit and non-governmental organizations, supplementing but not supplanting existing systems for responding to emergencies and other pressing needs. (b) Transportation and Accommodations.--The Civilian Reserve program shall provide members serving in full-time active duty status with any necessary transportation and accommodations in order to facilitate such service. (c) Stipend.--Members of the Civilian Reserve serving in full-time active duty status shall receive a stipend in order to pay for necessary cost of living expenses, for such period of full-time active duty status. The amount of the stipend shall be determined by the Secretary of Homeland Security. (d) Health Insurance.--Members of the Civilian Reserve serving in full-time active duty status shall be eligible for health insurance under a program to be established, by regulation, by the Secretary of Homeland Security. (e) Reemployment Protection.--The Secretary of Homeland Security shall promulgate regulations to provide reemployment protection and other benefits for members of the Civilian Reserve who complete a period of full-time active duty service. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for fiscal years 2005 through 2009 to carry out this Act.

Civilian Volunteer Service Reserve Act - Requires the Secretary of Homeland Security to establish the Civilian Volunteer Service Reserve to respond to domestic or international emergencies or other circumstances determined by the President. Permits a U.S. citizen or legal resident over the age of 18 to enroll for a five-year commitment in the Reserve during which he or she shall be expected to serve in a full-time active duty status for 6 months. Authorizes the President to issue a voluntary call of action as an executive order to mobilize members of the Civilian Reserve to active duty status in times of emergency. Allows members of the Civilian Reserve to accept or decline a call to action except under extreme circumstances that require mandatory mobilization. Prescribes benefits and reemployment protection for members serving in full-time active duty status.

To establish a national Civilian Volunteer Service Reserve program, a national volunteer service corps ready for service in response to domestic or international emergencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worldwide Tobacco Disclosure Act of 1997''. SEC. 2. DEFINITIONS. In this Act: (1) Cigarette.--The term ``cigarette'' means-- (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco which is to be burned, (B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to, or purchased by consumers as a cigarette described in subparagraph (A), (C) little cigars which are any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subparagraph (A)) and as to which 1000 units weigh not more than 3 pounds, and (D) loose rolling tobacco and papers or tubes used to contain such tobacco. (2) Domestic concern.--The term ``domestic concern'' means-- (A) any individual who is a citizen, national, or resident of the United States; and (B) any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States. (3) Nondiscriminatory law or regulation.--The term ``nondiscriminatory law or regulation'' means a law or regulation of a foreign country that adheres to the principle of national treatment and applies no less favorable treatment to goods that are imported into that country than it applies to like goods that are the product, growth, or manufacture of that country. (4) Package.--The term ``package'' means a pack, box, carton, or other container of any kind in which cigarettes or other tobacco products are offered for sale, sold, or otherwise distributed to customers. (5) Sale or distribution.--The term ``sale or distribution'' includes sampling or any other distribution not for sale. (6) State.--The term ``State'' includes, in addition to the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (7) Tobacco product.--The term ``tobacco product'' means-- (A) cigarettes; (B) little cigars; (C) cigars as defined in section 5702 of the Internal Revenue Code of 1986; (D) pipe tobacco; (E) loose rolling tobacco and papers used to contain such tobacco; (F) products referred to as spit tobacco; and (G) any other form of tobacco intended for human use or consumption. (8) United states.--The term ``United States'' includes the States and installations of the Armed Forces of the United States located outside a State. SEC. 3. RESTRICTIONS ON NEGOTIATIONS REGARDING FOREIGN LAWS REGULATING TOBACCO PRODUCTS. No funds appropriated by law may be used by any officer, employee, department, or agency of the United States-- (1) to seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law or regulation, or any proposed nondiscriminatory law or regulation, in that country that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products; or (2) to encourage or promote the export, advertising, manufacture, sale, or distribution of tobacco products. SEC. 4. CIGARETTE EXPORT LABELING. (a) Labeling Requirements for Export of Cigarettes.-- (1) In general.--It shall be unlawful for any domestic concern to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label that-- (A) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States; and (B) is in the primary language of the country in which the cigarettes are intended for consumption. (2) Labeling format.--Federal labeling format requirements shall apply to a warning label described in paragraph (1) in the same manner, and to the same extent, as such requirements apply to cigarettes manufactured, imported, or packaged for sale or distribution within the United States. (3) Rotation of labeling.--Federal rotation requirements for warning labels shall apply to a warning label described in paragraph (1) in the same manner, and to the same extent, as such requirements apply to cigarettes manufactured, imported, or packaged for sale or distributed within the United States. (4) Waivers.-- (A) In general.--The President may waive the labeling requirements required by this Act for cigarettes, if the cigarettes are exported to a foreign country included in the list described in subparagraph (B) and if that country is the country in which the cigarettes are intended for consumption. A waiver under this subparagraph shall be in effect prior to the exportation of any cigarettes not in compliance with the requirements of this section by a person to a foreign country included in the list. (B) List of eligible countries for waiver.-- (i) In general.--Not later than 90 days after the date of enactment of this Act, the President shall develop and publish in the Federal Register a list of foreign countries that have in effect requirements for the labeling of cigarette packages substantially similar to or more stringent than the requirements for labeling of cigarette packages set forth in paragraphs (1) through (3). The President shall use the list to grant a waiver under subparagraph (A). (ii) Update of list.--The President shall-- (I) update the list described in clause (i) to include a foreign country on the list if the country meets the criteria described in clause (i), or to remove a foreign country from the list if the country fails to meet the criteria; and (II) publish the updated list in the Federal Register. (b) Penalties.-- (1) Fine.--Any person who violates the provisions of subsection (a) shall be fined not more than $100,000 per day for each such violation. Any person who knowingly reexports from or transships cigarettes through a foreign country included in the list described in subsection (a)(4)(B) to avoid the requirements of this Act shall be fined not more than $150,000 per day for each such occurrence. (2) Injunction proceedings.--The district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of subsection (a) upon the application of the Attorney General of the United States. (c) Repeal.--Section 12 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1340) is repealed. (d) Regulatory Authority.--Not later than 90 days after the date of enactment of this Act, the President shall promulgate such regulations and orders as may be necessary to carry out this section. (e) Effective Date.--The provisions of subsections (a) through (c) shall take effect upon the effective date of the regulations promulgated under subsection (d).

Worldwide Tobacco Disclosure Act of 1997 - Prohibits the use of appropriated funds by any U.S. employee, department, or agency to: (1) seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products; or (2) promote the export, advertising, manufacture, sale, or distribution of tobacco products. Makes it unlawful to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label (including Federal labeling format and Federal rotation requirements) that: (1) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States; and (2) is in the primary language of the country in which the cigarettes are intended for consumption. Authorizes the President to waive such prohibition if the importing country has similar or more stringent labeling requirements. Sets forth penalties for violation of this Act.

Worldwide Tobacco Disclosure Act of 1997

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 ``Caribbean National Forest Wild and Scenic Rivers Act of 2002''. SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, CARIBBEAN NATIONAL FOREST, PUERTO RICO. (a) Findings.--The Congress finds the following: (1) In the revised land and resource management plan for the Caribbean National Forest/Luquillo Experimental Forest, approved April 17, 1997, and the environmental impact statement prepared as part of the plan, the Secretary of Agriculture examined the suitability of rivers within the Caribbean National Forest/Luquillo Experimental Forest for inclusion in the National Wild and Scenic Rivers System. (2) Based on such examination, the Rio Icacos, Rio Mameyes, and Rio de La Mina were found to be free flowing waterways and to possess outstandingly remarkable scenic, recreational, geological, hydrological, biological, historical, and cultural values, and, therefore, to qualify for addition to the National Wild and Scenic Rivers System. (b) Designations.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(____) Rivers of Caribbean National Forest, Puerto Rico.-- ``(A) Rio mameyes.--The segment of approximately 4.5 miles from its headwaters in the Bano de Oro Research Natural Area to the boundary of the Caribbean National Forest, to be administered by the Secretary of Agriculture as follows: ``(i) As a wild river from its headwaters in the Bano de Oro Research Natural Area to the crossing point of Trail No. 24/11 (approximately 500 feet upstream from the confluence with the Rio de La Mina), a total of approximately 2.1 miles. ``(ii) As a scenic river from the crossing point of Trail No. 24/11 to the access point of Trail No. 7, a total of approximately 1.4 miles. ``(iii) As a recreational river from the access point of Trail No. 7 to the national forest boundary, a total of approximately 1.0 miles. ``(B) Rio de la mina.--The segment of approximately 2.1 miles from its headwaters to its confluence with the Rio Mameyes, to be administered by the Secretary of Agriculture as follows: ``(i) As a recreational river from its headwaters in the El Yunque Recreation Area downstream to La Mina Falls, a total of approximately 0.9 miles. ``(ii) As a scenic river from La Mina falls downstream to its confluence with the Rio Mameyes, a total of approximately 1.2 miles. ``(C) Rio icacos.--The segment of approximately 2.3 miles from its headwaters to the boundary of the Caribbean National Forest, to be administered by the Secretary of Agriculture as a scenic river.''. (c) Special Management Considerations.-- (1) Certain permitted activities.--Subject to paragraph (2), the amendment made by the subsection (b) and the applicability of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to the river segments added to the National Wild and Scenic Rivers System by the amendment shall not be construed to prevent any of the following activities within the boundaries of the river segments: (A) Installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and transmission facilities, or any combination of such facilities, when the Secretary of Agriculture determines that such facilities are essential to the scientific research purposes of the Luquillo Experimental Forest. (B) Construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species. (C) Construction and maintenance of trails to such facilities as necessary for research purposes and for the recovery of threatened and endangered species. (2) Conditions.--The activities authorized by paragraph (1) shall be subject to such conditions as the Secretary considers desirable. The Secretary shall ensure that the scale and scope of such activities within the boundaries of a river segment added to the National Wild and Scenic Rivers System by the amendment made by the subsection (b) are not detrimental to the characteristics of the river segment that merited its designation as a wild, scenic, or recreational river. (d) Preservation of Commonwealth Authority.--Nothing in this section or the amendment made by this section shall be construed to limit the authority of the Commonwealth of Puerto Rico over waters and natural channels of public domain pursuant to the laws of the Commonwealth of Puerto Rico. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Caribbean National Forest Wild and Scenic Rivers Act of 2002 - Amends the Wild and Scenic Rivers Act to designate Rio Mameyes, Rio de la Mina, and Rio Icacos of the Caribbean National Forest of the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System.Provides that such designation shall not be construed to limit the authority of Puerto Rico over waters and natural channels of its public domain or to prevent any of the following activities within such segments: (1) installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and transmission facilities when they are essential to the scientific research purposes of the Luquillo Experimental Forest; (2) construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species; or (3) construction and maintenance of trails to such facilities as necessary for research purposes and the recovery of such species. Provides that all such activities shall be subject to such conditions as the Secretary of Agriculture considers desirable. Requires the Secretary to ensure that the scale and scope of such activities are not detrimental to a river segment's characteristics that merited its designation as a wild, scenic, or recreational river.

To designate certain waterways in the Caribbean National Forest in the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Free Choice Act of 2016''. SEC. 2. STREAMLINING UNION CERTIFICATION. (a) In General.--Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). ``(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include-- ``(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and ``(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.''. (b) Conforming Amendments.-- (1) National labor relations board.--Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence-- (A) by striking ``and to'' and inserting ``to''; and (B) by striking ``and certify the results thereof,'' and inserting ``, and to issue certifications as provided for in that section,''. (2) Unfair labor practices.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (A) in paragraph (7)(B) by striking ``, or'' and inserting ``or a petition has been filed under section 9(c)(6), or''; and (B) in paragraph (7)(C) by striking ``when such a petition has been filed'' and inserting ``when such a petition other than a petition under section 9(c)(6) has been filed''. SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows: ``(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. ``(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.''. SEC. 4. STRENGTHENING ENFORCEMENT. (a) Injunctions Against Unfair Labor Practices During Organizing Drives.-- (1) In general.--Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended-- (A) in the second sentence, by striking ``If, after such'' and inserting the following: ``(2) If, after such''; and (B) by striking the first sentence and inserting the following: ``(1) Whenever it is charged-- ``(A) that any employer-- ``(i) discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8; ``(ii) threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or ``(iii) engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7; while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or ``(B) that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B), or (C) of section 8(b)(4), section 8(e), or section 8(b)(7); the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.''. (2) Conforming amendment.--Section 10(m) of the National Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting ``under circumstances not subject to section 10(l)'' after ``section 8''. (b) Remedies for Violations.-- (1) Backpay.--Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking ``And provided further,'' and inserting ``Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,''. (2) Civil penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (A) by striking ``Any'' and inserting ``(a) Any''; and (B) by adding at the end the following: ``(b) Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsection (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.''.

Employee Free Choice Act of 2016 This bill amends the National Labor Relations Act to require the National Labor Relations Board to certify, without an election, an individual or labor organization to be the exclusive representative of the employees in a unit appropriate for bargaining if a majority of the employees has signed valid authorizations designating the individual or labor organization specified in a properly filed petition as their bargaining representative, and no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit. The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative. Whenever collective bargaining is for the purpose of establishing an initial agreement involving a newly organized or certified employee representative, the requirements for bargaining collectively shall be modified. The parties shall meet to bargain collectively within 10 days after the employer receives a written request. The Federal Mediation and Conciliation Service (FMCS) shall use its best efforts, by mediation and conciliation, to bring the parties to agreement if 90 days lapse without settlement of a dispute. If such efforts fail for 30 days, the FMCS shall refer the dispute to an arbitration panel, whose decision shall bind the parties for two years, unless the parties consent to a different time period. The preliminary investigation of charges involving employer discrimination or unfair labor practices while employees of that employer were seeking representation by a labor organization shall be made forthwith and given priority over all other cases except cases of like character in the office where the charge is filed or to which it is referred. The Board shall award an employee back pay and, in addition, twice that amount as liquidated damages if it finds that the employer has discriminated against the employee either during the period while the employer's employees were seeking representation by a labor organization, or during the period from the time a labor organization was recognized as a representative until the first collective bargaining contract between the employer and the representative was entered into. Any employer who willfully or repeatedly commits any unfair labor practice during these periods shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of up to $20,000 for each violation.

Employee Free Choice Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Medicare Options Act of 2009''. SEC. 2. GUARANTEED ISSUE OF MEDIGAP POLICIES TO ALL MEDICARE BENEFICIARIES. (a) In General.--Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended-- (1) in paragraph (2)(A), by striking ``65 years of age or older and is enrolled for benefits under part B'' and inserting ``entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B''; (2) in paragraph (2)(D), by striking ``who is 65 years of age or older as of the date of issuance and''; and (3) in paragraph (3)(B)(vi), by striking ``at age 65''. (b) Phase-In Authority.-- (1) In general.--Subject to paragraph (2), the Secretary of Health and Human Services may phase in the implementation of the amendments made under subsection (a) in such manner as the Secretary determines appropriate to minimize any adverse impact on individuals enrolled under a Medicare supplemental policy prior to the effective date of this Act. (2) Limit.--The phase-in period under paragraph (1) shall not exceed 5 years. (c) Separate Premium Class.-- (1) In general.--Subject to paragraph (2), any individuals enrolled under a Medicare supplemental policy pursuant to the amendments made under subsection (a) shall be classified by the issuer as part of a separate premium class. (2) Limit.--The provision in paragraph (1) shall apply to individuals that enroll under a Medicare supplemental policy prior to January 1, 2015. (d) Additional Enrollment Period for Certain Individuals.-- (1) One-time enrollment period.-- (A) In general.--In the case of an individual described in paragraph (2), the Secretary shall establish a one-time enrollment period during which such an individual may enroll in any Medicare supplemental policy of the individual's choosing. (B) Period.--The enrollment period established under subparagraph (A) shall begin on the date on which the phase-in period under subsection (b) is completed and end 6 months after such date. (2) Individual described.--An individual described in this paragraph is an individual who-- (A) is entitled to hospital insurance benefits under part A under section 226(b) or section 226A of the Social Security Act (42 U.S.C. 426(b); 426-1); (B) is enrolled for benefits under part B of such Act (42 U.S.C. 1395j et seq.); and (C) would not, but for the provisions of and amendments made by this section, be eligible for the guaranteed issue of a Medicare supplemental policy under section 1882(s)(2) of such Act (42 U.S.C. 1395ss(s)(2)). (3) Outreach plan.--The Secretary shall develop an outreach plan to notify individuals described in paragraph (2) of the one-time enrollment period established under paragraph (1). SEC. 3. GUARANTEED ISSUE OF MEDIGAP POLICIES FOR MEDICARE ADVANTAGE AND MEDICAID ENROLLEES. (a) In General.--Section 1882(s)(3) of the Social Security Act (42 U.S.C. 1395ss(s)(3)), as amended by section 2, is amended-- (1) in subparagraph (B), by adding at the end the following new clauses: ``(vii) The individual was enrolled in a Medicare Advantage plan under part C for not less than 12 months and subsequently disenrolled from such plan and elects to receive benefits under this title through the original Medicare fee-for-service program under parts A and B. ``(viii) The individual-- ``(I) is entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B; ``(II) was eligible for medical assistance under a State plan or waiver under title XIX and was enrolled in such plan or waiver; and ``(III) subsequently lost eligibility for such medical assistance.''; and (2) by striking subparagraph (C)(iii) and inserting the following: ``(iii) Subject to subsection (v)(1), for purposes of an individual described in clause (vi), (vii), or (viii) of subparagraph (B), a Medicare supplemental policy described in this subparagraph shall include any Medicare supplemental policy.''. (3) in subparagraph (E)-- (A) in clause (iv), by striking ``and'' at the end; (B) in clause (v), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(vi) in the case of an individual described in subparagraph (B)(vii), the annual, coordinated election period (as defined in section 1851(e)(3)(B)) or a continuous open enrollment period (as defined in section 1851(e)(2)) during which the individual disenrolls from a Medicare Advantage plan under part C; and ``(vii) in the case of an individual described in subparagraph (B)(viii), the period beginning on the date that the individual receives a notice of cessation of such individual's eligibility for medical assistance under the State plan or waiver under title XIX and ending on the date that is 123 days after the individual receives such notice.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to Medicare supplemental policies effective on or after January 1, 2010. SEC. 4. ENROLLMENT OF INDIVIDUALS WITH END STAGE RENAL DISEASE IN MEDICARE ADVANTAGE. (a) In General.--Section 1851(a) of the Social Security Act (42 U.S.C. 1395w-21(a)) is amended by striking paragraph (3) and inserting the following: ``(3) Medicare+Choice Eligible Individual.--In this title, the term `Medicare+Choice eligible individual' means an individual who is entitled to benefits under part A and enrolled under part B.''. (b) Conforming Amendments.-- (1) Section 1852(b) of the Social Security Act (42 U.S.C. 1395w-22(b)) is amended by striking paragraph (1) and inserting the following: ``(1) Beneficiaries.--A Medicare+Choice organization may not deny, limit, or condition the coverage or provision of benefits under this part, for individuals permitted to be enrolled with the organization under this part, based on any health status-related factor described in section 2702(a)(1) of the Public Health Service Act. The Secretary shall not approve a plan of an organization if the Secretary determines that the design of the plan and its benefits are likely to substantially discourage enrollment by certain MA eligible individuals with the organization.''. (2) Section 1859(b)(6)(B) of such Act (42 U.S.C. 1395w- 28(b)(6)(B)) is amended in the second sentence by striking ``may waive application of section 1851(a)(3)(B) in the case of an individual described in clause (i), (ii), or (iii) of this subparagraph and''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2010.

Equal Access to Medicare Options Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide all Medicare beneficiaries, regardless of whether they have enrolled in Medicare part B, as well as Medicare Advantage and Medicaid enrollees with the right to guaranteed issue of a supplemental insurance (Medigap) policy. Amends part C (Medicare+Choice) of SSA title XVIII to permit enrollment of individuals with end stage renal disease (ESRD) in Medicare Advantage.

A bill to provide all Medicare beneficiaries with the right to guaranteed issue of a Medicare supplemental policy.

SECTION 1. POSTHUMOUS CITIZENSHIP FOR TERRORIST ATTACK VICTIMS. (a) Permitting Granting of Posthumous Citizenship.--Notwithstanding any provision of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), the Attorney General shall provide, in accordance with this section, for the granting of posthumous citizenship, as of September 10, 2001, to a person described in subsection (b), if the Attorney General approves an application for such citizenship filed under subsection (e). (b) Noncitizens Eligible for Posthumous Citizenship.--A person referred to in subsection (a) is a person who-- (1) while an alien or a noncitizen national of the United States, died as a result of an injury incurred in one or more of the events described in subsection (c); (2) was not culpable for any of such events; and (3) on September 11, 2001-- (A) had pending an application for naturalization, or for a certificate of citizenship, filed with the Attorney General by the person; or (B) was the beneficiary of a pending application for naturalization filed with the Attorney General by a parent of the person. (c) Events Described.-- (1) In general.--The events described in this subsection are the following: (A) The hijacking of American Airlines Flight 11 on September 11, 2001, the crash of that aircraft into the World Trade Center in New York, New York, and the subsequent destruction that resulted. (B) The hijacking of United Airlines Flight 175 on such date, the crash of that aircraft into the World Trade Center in New York, New York, and the subsequent destruction that resulted. (C) The hijacking of American Airlines Flight 77 on such date, the crash of that aircraft into the Pentagon in Arlington, Virginia, and the subsequent destruction that resulted. (D) The hijacking of United Airlines Flight 93 on such date, and the crash of that aircraft in Stony Creek Township, Pennsylvania. (2) Response personnel included.--Any person who died as a result of an injury incurred while assisting in the emergency response to an event described in paragraph (1) (such as military personnel, law enforcement officers, firefighters, emergency management personnel, search and rescue personnel, medical personnel, engineers and other personnel providing technical assistance, and volunteers) shall be considered to have died as a result of an injury incurred in such event. (d) Requirements.-- (1) In general.--Unless otherwise provided by this section, no person may be granted posthumous citizenship under this section who would not otherwise have been eligible for naturalization on the date of the person's death. Unless otherwise provided by this section, any provision of law that specifically bars or prohibits a person from being naturalized as a citizen of the United States shall be applied to the granting of posthumous citizenship under this section. (2) Waiver of english language and government requirements.--Notwithstanding section 312 of the Immigration and Nationality Act (8 U.S.C. 1423), or any similar provision of law requiring that a person demonstrate an understanding of the English language or a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States in order to be naturalized, no such demonstration shall be required for the granting of posthumous citizenship under this section. (3) Waiver of oath.--No oath of renunciation or allegiance shall be required for the granting of posthumous citizenship under this section. (4) Investigation of applicants; examination of applications.--To the maximum extent practicable, the investigation and examination described in section 335 of the Immigration and Nationality Act (8 U.S.C. 1446) shall be conducted with respect to an application described in subsection (b)(3) in the same manner as they otherwise would have been conducted if the subject of the application had not died. (e) Requests for Posthumous Citizenship.--A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of the person only by the next of kin (as defined by the Attorney General) or another representative (as defined by the Attorney General), and must be filed not later than 2 years after the later of-- (1) the date of the enactment of this section; or (2) the date of the person's death. (f) Documentation of Posthumous Citizenship.--If the Attorney General approves such a request to grant a person posthumous citizenship, the Attorney General shall send to the individual who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States on and after September 10, 2001. (g) No Benefits to Survivors.--Nothing in this section shall be construed as providing for any benefits under the Immigration and Nationality Act for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section.

Directs the Attorney General to provide for the granting of posthumous citizenship, as of September 12, 2001, to certain nonculpable aliens or noncitizen nationals otherwise eligible for naturalization who died as a result of the hijackings of four airliners, the attacks on the World Trade Center and the Pentagon, or as a result of injuries sustained while assisting in the emergency response to the events of September 11, 2001.

To provide for the granting of posthumous citizenship to certain aliens lawfully admitted for permanent residence who died as a result of the hijackings of 4 commercial aircraft, the attacks on the World Trade Center, or the attack on the Pentagon, on September 11, 2001, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Pregnant Women and Children From Perchlorate Act of 2011''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) perchlorate-- (A) is a chemical used as the primary ingredient of solid rocket propellant; and (B) is also used in fireworks, road flares, and other applications; (2) waste from the manufacture and improper disposal of chemicals containing perchlorate is increasingly being discovered in soil and water; (3) according to the Government Accountability Office, perchlorate contamination has been detected in water and soil at almost 400 sites in the United States, with concentration levels ranging from 4 parts per billion to millions of parts per billion; (4) the Government Accountability Office has determined that the Environmental Protection Agency does not centrally track or monitor perchlorate detections or the status of perchlorate cleanup, so a greater number of contaminated sites may already exist; (5) according to the Government Accountability Office, limited Environmental Protection Agency data show that perchlorate has been found in 35 States and the District of Columbia and is known to have contaminated 153 public water systems in 26 States; (6) those data are likely underestimates of total drinking water exposure, as illustrated by the finding of the California Department of Health Services that perchlorate contamination sites have affected approximately 273 drinking water sources and 86 drinking water systems in the State of California alone; (7) Food and Drug Administration scientists and other scientific researchers have detected perchlorate in the United States food supply, including in lettuce, milk, cucumbers, tomatoes, carrots, cantaloupe, wheat, and spinach, and in human breast milk; (8)(A) perchlorate can harm human health, especially in pregnant women and children, by interfering with uptake of iodide by the thyroid gland, which is necessary to produce important hormones that help control human health and development; (B) in adults, the thyroid helps to regulate metabolism; (C) in children, the thyroid helps to ensure proper mental and physical development; and (D) impairment of thyroid function in expectant mothers or infants may result in effects including delayed development and decreased learning capability; (9)(A) in October 2006, researchers from the Centers for Disease Control and Prevention published the largest, most comprehensive study to date on the effects of low levels of perchlorate exposure in women, finding that-- (i) significant changes existed in thyroid hormones in women with low iodine levels who were exposed to perchlorate; and (ii) even low-level perchlorate exposure may affect the production of hormones by the thyroid in iodine- deficient women; and (B) in the United States, about 36 percent of women have iodine levels equivalent to or below the levels of the women in the study described in subparagraph (A); and (10) the Environmental Protection Agency has not established a health advisory or national primary drinking water regulation for perchlorate, but instead established a ``Drinking Water Equivalent Level'' of 24.5 parts per billion for perchlorate, which-- (A) does not take into consideration all routes of exposure to perchlorate; (B) has been criticized by experts as failing to sufficiently consider the body weight, unique exposure, and vulnerabilities of certain pregnant women and fetuses, infants, and children; and (C) is based primarily on a small study and does not take into account new, larger studies of the Centers for Disease Control and Prevention or other data indicating potential effects at lower perchlorate levels than previously found. (b) Purposes.--The purposes of this Act are-- (1) to require the Administrator of the Environmental Protection Agency to establish, by not later than 90 days after the date of enactment of this Act, a health advisory for perchlorate in drinking water that-- (A) is fully protective of, and considers, the body weight and exposure patterns of pregnant women, infants, and children; (B) provides an adequate margin of safety; and (C) takes into account all routes of exposure to perchlorate; (2) to require the Administrator of the Environmental Protection Agency to establish not later than 1 year after the date of enactment of this Act a national primary drinking water regulation for perchlorate that fully protects pregnant women, infants, and children, taking into consideration body weight, exposure patterns, and all routes of exposure to perchlorate. SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION FOR PERCHLORATE. Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)(12)) is amended by adding at the end the following: ``(C) Perchlorate.-- ``(i) Health advisory.--Notwithstanding any other provision of this section, not later than 90 days after the date of enactment of this subparagraph, the Administrator shall publish a health advisory for perchlorate that is fully protective, with an adequate margin of safety, of the health of vulnerable persons (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure. ``(ii) Proposed regulations.-- Notwithstanding any other provision of this section, the Administrator shall propose (not later than 180 days after the date of enactment of this subparagraph) and shall finalize (not later than 1 year after the date of enactment of this subparagraph) a national primary drinking water regulation for perchlorate-- ``(I) that based on the factors in clause (i) and other relevant data, is protective, with an adequate margin of safety, of vulnerable persons (including pregnant women, infants, and children); and ``(II) the maximum contaminant level of which is as close to the maximum contaminant level goal for perchlorate, and as protective of vulnerable persons, as is feasible.''.

Protecting Pregnant Women and Children From Perchlorate Act of 2011 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) publish a health advisory for perchlorate that is fully protective of the health of vulnerable persons (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure; and (2) establish a national primary drinking water regulation for perchlorate that is protective of vulnerable persons and the maximum contaminant level of which is as close to the maximum contaminant level goal for perchlorate, and as protective of vulnerable persons, as is feasible.

A bill to amend the Safe Drinking Water Act to protect the health of pregnant women, fetuses, infants, and children by requiring a health advisory and drinking water standard for perchlorate.

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

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

Moving to Work Reform Act of 2015

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

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair And Immediate Release of Generic Drugs Act'' or the ``FAIR Generics Act''. SEC. 2. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING FIRST APPLICANT STATUS. (a) Amendments to Federal Food, Drug, and Cosmetic Act.-- (1) In general.--Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)) is amended-- (A) in clause (iv)(II)-- (i) by striking item (bb); and (ii) by redesignating items (cc) and (dd) as items (bb) and (cc), respectively; and (B) by adding at the end the following: ``(v) First Applicant Defined.--As used in this subsection, the term `first applicant' means an applicant-- ``(I)(aa) that, on the first day on which a substantially complete application containing a certification described in paragraph (2)(A)(vii)(IV) is submitted for approval of a drug, submits a substantially complete application that contains and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) for the drug; and ``(bb) that has not entered into a disqualifying agreement described under clause (vii)(II); or ``(II)(aa) for the drug that is not described in subclause (I) and that, with respect to the applicant and drug, each requirement described in clause (vi) is satisfied; and ``(bb) that has not entered into a disqualifying agreement described under clause (vii)(II). ``(vi) Requirement.--The requirements described in this clause are the following: ``(I) The applicant described in clause (v)(II) submitted and lawfully maintains a certification described in paragraph (2)(A)(vii)(IV) or a statement described in paragraph (2)(A)(viii) for each unexpired patent for which a first applicant described in clause (v)(I) had submitted a certification described in paragraph (2)(A)(vii)(IV) on the first day on which a substantially complete application containing such a certification was submitted. ``(II) With regard to each such unexpired patent for which the applicant described in clause (v)(II) submitted a certification described in paragraph (2)(A)(vii)(IV), no action for patent infringement was brought against such applicant within the 45 day period specified in paragraph (5)(B)(iii); or if an action was brought within such time period, such an action was withdrawn or dismissed by a court (including a district court) without a decision that the patent was valid and infringed; or if an action was brought within such time period and was not withdrawn or so dismissed, such applicant has obtained the decision of a court (including a district court) that the patent is invalid or not infringed (including any substantive determination that there is no cause of action for patent infringement or invalidity, and including a settlement order or consent decree signed and entered by the court stating that the patent is invalid or not infringed). ``(III) If an applicant described in clause (v)(I) has begun commercial marketing of such drug, the applicant described in clause (v)(II) does not begin commercial marketing of such drug until the date that is 30 days after the date on which the applicant described in clause (v)(I) began such commercial marketing.''. (2) Conforming amendment.--Section 505(j)(5)(D)(i)(IV) of such Act (21 U.S.C. 355(j)(5)(D)(i)(IV)) is amended by striking ``The first applicant'' and inserting ``The first applicant, as defined in subparagraph (B)(v)(I),''. (b) Applicability.--The amendments made by subsection (a) shall apply only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) apply. SEC. 3. 180-DAY EXCLUSIVITY PERIOD AMENDMENTS REGARDING AGREEMENTS TO DEFER COMMERCIAL MARKETING. (a) Amendments to Federal Food, Drug, and Cosmetic Act.-- (1) Limitations on agreements to defer commercial marketing date.--Section 505(j)(5)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)), as amended by section 2, is further amended by adding at the end the following: ``(vii) Agreement by first applicant to defer commercial marketing; limitation on acceleration of deferred commercial marketing date.-- ``(I) Agreement to defer approval or commercial marketing date.--An agreement described in this subclause is an agreement between a first applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, (aa) not to seek an approval of its application that is made effective on the earliest possible date under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, (bb) not to begin the commercial marketing of its drug on the earliest possible date after receiving an approval of its application that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or (cc) to both items (aa) and (bb). ``(II) Agreement that disqualifies applicant from first applicant status.--An agreement described in this subclause is an agreement between an applicant and the holder of the application for the listed drug or an owner of one or more of the patents as to which any applicant submitted a certification qualifying such applicant for the 180-day exclusivity period whereby that applicant agrees, directly or indirectly, not to seek an approval of its application or not to begin the commercial marketing of its drug until a date that is after the expiration of the 180-day exclusivity period awarded to another applicant with respect to such drug (without regard to whether such 180-day exclusivity period is awarded before or after the date of the agreement). ``(viii) Limitation on acceleration.--If an agreement described in clause (vii)(I) includes more than 1 possible date when an applicant may seek an approval of its application or begin the commercial marketing of its drug-- ``(I) the applicant may seek an approval of its application or begin such commercial marketing on the date that is the earlier of-- ``(aa) the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which the commercial marketing could begin on an earlier date; or ``(bb) 180 days after another first applicant begins commercial marketing of such drug; and ``(II) the latest date set forth in the agreement on which that applicant can receive an approval that is made effective under this subparagraph, subparagraph (F) of this paragraph, section 505A, or section 527, or begin the commercial marketing of such drug, without regard to any other provision of such agreement pursuant to which commercial marketing could begin on an earlier date, shall be the date used to determine whether an applicant is disqualified from first applicant status pursuant to clause (vii)(II).''. (2) Notification of fda.--Section 505(j) of such Act (21 U.S.C. 355(j)) is amended by adding at the end the following: ``(11)(A) The holder of an abbreviated application under this subsection shall submit to the Secretary a notification that includes-- ``(i)(I) the text of any agreement entered into by such holder described under paragraph (5)(B)(vii)(I); or ``(II) if such an agreement has not been reduced to text, a written detailed description of such agreement that is sufficient to disclose all the terms and conditions of the agreement; and ``(ii) the text, or a written detailed description in the event of an agreement that has not been reduced to text, of any other agreements that are contingent upon, provide a contingent condition for, or are otherwise related to an agreement described in clause (i). ``(B) The notification described under subparagraph (A) shall be submitted not later than 10 business days after execution of the agreement described in subparagraph (A)(i). Such notification is in addition to any notification required under section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. ``(C) Any information or documentary material filed with the Secretary pursuant to this paragraph shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this paragraph is intended to prevent disclosure to either body of the Congress or to any duly authorized committee or subcommittee of the Congress.''. (3) Prohibited acts.--Section 301(e) of such Act (21 U.S.C. 331(e)) is amended by striking ``505 (i) or (k)'' and inserting ``505 (i), (j)(11), or (k)''. (b) Infringement of Patent.--Section 271(e) of title 35, United States Code, is amended by adding at the end the following: ``(7) The exclusive remedy under this section for an infringement of a patent for which the Secretary of Health and Human Services has published information pursuant to subsection (b)(1) or (c)(2) of section 505 of the Federal Food, Drug, and Cosmetic Act shall be an action brought under this subsection within the 45-day period described in subsection (j)(5)(B)(iii) or (c)(3)(C) of section 505 of the Federal Food, Drug, and Cosmetic Act.''. (c) Applicability.-- (1) Limitations on acceleration of deferred commercial marketing date.--The amendment made by subsection (a)(1) shall apply only with respect to-- (A) an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) to which the amendments made by section 1102(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) apply; and (B) an agreement described under section 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act. (2) Notification of fda.--The amendments made by paragraphs (2) and (3) of subsection (a) shall apply only with respect to an agreement described under section 505(j)(5)(B)(vii)(I) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)(1)) executed after the date of enactment of this Act.

Fair And Immediate Release of Generic Drugs Act or the FAIR Generics Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to revise the definition of “first applicant” for purposes of the 180-day exclusivity period given to first applicants to file an abbreviated new drug application (generic drug). Makes applicants for a generic drug eligible for the exclusivity period only if they have not entered into a disqualifying agreement (an agreement between a generic drug applicant and the holder of the application for the listed drug [brand name drug] or the patentholder for the brand name drug whereby the generic drug applicant agrees not to seek approval of its generic drug or not to begin the commercial marketing of its generic drug until the expiration of the exclusivity period awarded to another generic applicant). Expands the definition of “first applicant” to include an applicant that meets the following criteria: (1) the applicant is not the first generic applicant; (2) either no action for patent infringement was brought, such action was withdrawn or dismissed by a court without a decision that the patent was valid and infringed, or the court decided that the patent was invalid or not infringed; and (3) the applicant does not begin commercial marketing of such drug until 30 days after the first applicant began such commercial marketing. Prohibits a party that enters an agreement to delay seeking approval of its generic drug application or to delay the commercial marketing of a generic drug from seeking approval of its application or beginning commercial marketing before the earlier of: (1) the latest date set forth in the agreement to seek approval or market the drug without regard to any earlier date under the agreement when commercial marketing could begin, or (2) 180 days after another first applicant begins commercial marketing of such drug. Requires notice to the Secretary of the Health and Human Services (HHS) of the details of any agreement under this Act not later than ten business days after execution of the agreement. Declares that the exclusive remedy for an infringement of a patent included within a new drug application shall be an action brought under the FFDCA within the 45-day period prescribed.

A bill to amend the Federal Food, Drug, and Cosmetic Act to ensure that valid generic drugs may enter the market.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Equity Act''. SEC. 2. FINDINGS. Congress finds that-- (1) all communities and individuals are entitled to protection from occupational and other exposure to substances that are hazardous to the public health; (2) hazardous substances have had a disproportionate impact on the public health of poor and ethnic minority communities and individuals, resulting in exclusion from participation in, denial of benefits under, and discrimination under, programs and activities receiving Federal financial assistance; and (3) each Federal agency has an obligation to ensure that all federally assisted programs and activities that affect human health do not directly or through contractual arrangements use criteria, methods, or practices that cause discrimination on the ground of race, color, or national origin. SEC. 3. PUBLIC HEALTH EQUITY. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new title: ``TITLE XXVII--PUBLIC HEALTH EQUITY ``SEC. 2701. DEFINITIONS. ``As used in this title: ``(1) Activity; program.--The term `program or activity' means any operation of-- ``(A)(i) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or ``(ii) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; ``(B)(i) a college, university, or other postsecondary institution, or a public system of higher education; or ``(ii) a local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system; ``(C)(i) an entire corporation, partnership, or other private organization, or an entire sole proprietorship-- ``(I) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or ``(II) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or ``(ii) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or ``(D) any other entity which is established by two or more of the entities described in subparagraph (A), (B), or (C); any part of which is extended Federal financial assistance relating to a covered substance. ``(2) Administrator.--The term `Administrator' has the meaning given the term in section 511(7) of the Education for Economic Security Act (20 U.S.C. 4020(7)). ``(3) Covered substance.--The term `covered substance' means-- ``(A) any material subject to the requirements concerning material safety data sheets for chemicals under the Occupational and Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); ``(B) any contaminant identified in title XIV; ``(C) any substance described in section 201(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)), and any material registered pursuant to the Act referred to in such section; ``(D) any chemical listed by the National Toxicology Program of the Department of Health and Human Services as a known or probable human carcinogen; and ``(E) any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) and any chemical subject to section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023). ``SEC. 2702. NONDISCRIMINATION. ``(a) Prohibition of Discrimination.--The President shall ensure that no person shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity, on the ground of race, color, or national origin. ``(b) Promulgation of Regulations.-- ``(1) Subject.--Subject to paragraph (2), the Secretary of Labor, the Secretary of Health and Human Services, the Administrator, and any other head of a Federal agency with responsibility for providing Federal financial assistance to a program or activity shall issue regulations implementing the nondiscrimination requirements described in subsection (a) in accordance with any applicable law. The regulations shall bar acts with discriminatory effects as well as intentionally discriminatory acts. The regulations shall address actions of programs or activities that result in disproportionate exposure to a covered substance on the basis of race, color, or national origin. ``(2) Timetable.--In issuing regulations under paragraph (1)-- ``(A) not later than 180 days after the date of enactment of this Act, each individual described in paragraph (1) shall publish a notice of proposed rulemaking in the Federal Register; ``(B) each individual described in paragraph (1) shall provide a public comment period, subject to section 553 of title 5, United States Code, of 60 days after the publication of the notice of proposed rulemaking required under subparagraph (A); and ``(C) not later than 45 days after the close of the public comment period required under subparagraph (B), each individual described in paragraph (1) shall publish final regulations.''.

Public Health Equity Act - Amends the Public Health Service Act to add a new title, title XXVII: Public Health Equity. Prohibits, under such title, acts with discriminatory effect as well as intentionally discriminatory acts that result in disproportionate exposure to a covered substance on the basis of race, color, or national origin. Defines a covered substance to include certain hazardous materials, substances, contaminants, or chemicals listed, identified, or defined in specified laws.

Public Health Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Assurance of Radiologic Excellence Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) More than 300,000,000 medical imaging examinations and radiation therapy treatments are administered annually in the United States. (2) Seven out of every 10 Americans undergo a medical imaging examination or radiation therapy treatment every year in the United States. (3) The administration of medical imaging examinations and radiation therapy treatments and the effect on individuals of such procedures have a substantial and direct effect upon public health and safety and upon interstate commerce. (4) It is in the interest of public health and safety to minimize unnecessary or inappropriate exposure to radiation due to the performance of medical imaging and radiation therapy procedures by personnel lacking appropriate education and credentials. (5) It is in the interest of public health and safety to have a continuing supply of adequately educated persons and appropriate accreditation and certification programs administered by State governments. (6) Persons who perform or plan medical imaging or radiation therapy, including those employed at Federal facilities or reimbursed by Federal health programs, should be required to demonstrate competence by reason of education, training, and experience. (7) The protection of public health and safety from unnecessary or inappropriate medical imaging and radiation therapy procedures and the assurance of efficacious procedures are the responsibilities of both the State and the Federal Governments. (8) Facilities that conduct medical imaging or radiation therapy engage in and affect interstate commerce. Patients travel regularly across State lines to receive medical imaging services or radiation therapy. Facilities that conduct medical imaging or radiation therapy engage technicians, physicians, and other staff in an interstate market, and purchase medical and other supplies in an interstate market. (9) In 1981, Congress enacted the Consumer-Patient Radiation Health and Safety Act of 1981 (Public Law 97-35) which established minimum Federal standards for the accreditation of education programs for persons who perform or plan medical imaging examinations and radiation therapy treatments and for the certification of such persons. The Act also provided the States with a model State law for the licensing of such persons. (10) Twenty-two years after the enactment of the Consumer- Patient Radiation Health and Safety Act of 1981-- (A) 13 States do not require licensure of any kind for persons who perform or plan medical imaging examinations and radiation therapy treatments; (B) 37 States license, regulate, or register radiographers; (C) 28 States license radiation therapists; (D) 22 States license nuclear medicine technologists; (E) 8 States license or require board certification of medical physicists; and (F) no States regulate or license medical dosimetrists. (b) Purposes.--The purposes of this Act are-- (1) to ensure the accreditation of education programs for, and the licensure or certification of, persons who perform, plan, evaluate, or verify patient dose for medical imaging examinations and radiation therapy treatments; and (2) to ensure the safety and accuracy of medical imaging examinations and radiation therapy treatments. SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. Part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following: ``Subpart 4--Medical Imaging and Radiation Therapy ``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. ``(a) In General.--The Secretary shall establish standards to assure the safety and accuracy of medical imaging or radiation therapy. Such standards shall include licensure or certification, accreditation, and other requirements determined by the Secretary to be appropriate. ``(b) Exemptions.--The standards established under subsection (a) shall not apply to physicians (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and physician assistants (as defined in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5))). ``(c) Requirements.--Under the standards established under subsection (a), the Secretary shall ensure that individuals prior to performing or planning such imaging or therapy-- ``(1) have successfully completed a national examination approved by the Secretary under subsection (d) for individuals who perform or plan medical imaging or radiation therapy; and ``(2) meet such other requirements relating to medical imaging or radiation therapy as the Secretary may prescribe. ``(d) Approved Bodies.-- ``(1) In general.--The Secretary shall certify private nonprofit organizations or State agencies as approved bodies with respect to the accreditation of educational programs or the administration of examinations to individuals for purposes of subsection (c)(1) if such organizations or agencies meet the standards established by the Secretary under paragraph (2) and provide the assurances required under paragraph (3). ``(2) Standards.--The Secretary shall establish minimum standards for the certification of approved bodies under paragraph (1) (including standards for recordkeeping, the approval of curricula and instructors, the charging of reasonable fees for accreditation or for undertaking examinations), and other additional standards as the Secretary may require. ``(3) Assurances.--To be certified as an approved body under paragraph (1), an organization or agency shall provide the Secretary satisfactory assurances that the body will-- ``(A) comply with the standards described in paragraph (2); ``(B) notify the Secretary in a timely manner before the approved body changes the standards of the body; and ``(C) provide such other information as the Secretary may require. ``(4) Withdrawal of approval.-- ``(A) In general.--The Secretary may withdraw the certification of an approved body if the Secretary determines the body does not meet the standards under paragraph (2). ``(B) Effect of withdrawal.--If the Secretary withdraws the certification of an approved body under subparagraph (A), the accreditation of an individual or the completion of an examination administered by such body shall continue in effect until the expiration of a reasonable period, as determined by the Secretary, for such individual to obtain another accreditation or to complete another examination. ``(e) Existing State Standards.--Standards for the licensure or certification of personnel, accreditation of educational programs, or administration of examinations, established by a State prior to the effective date of the standards promulgated under this section, shall be deemed to be in compliance with the requirements of this section unless the Secretary determines that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this section. ``(f) Evaluation and Report.--The Secretary shall periodically evaluate the performance of each approved body under subsection (d) at an interval determined appropriate by the Secretary. The results of such evaluations shall be included as part of the report submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives in accordance with 354(e)(6)(B). ``(g) Delivery of and Payment for Services.--Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate regulations to ensure that all programs that involve the performance of or payment for medical imaging or radiation therapy, that are under the authority of the Secretary, are performed in accordance with the standards established under this section. ``(h) Alternative Standards for Rural Areas.--The Secretary shall determine whether the standards developed under subsection (a) must be met in their entirety with respect to payment for medical imaging or radiation therapy that is performed in a geographic area that is determined by the Medicare Geographic Classification Review Board to be a `rural area'. If the Secretary determines that alternative standards for such rural areas are appropriate to assure access to quality medical imaging, the Secretary is authorized to develop such alternative standards. Alternative standards developed under this subsection shall apply in rural areas to the same extent and in the same manner as standards developed under subsection (a) apply in other areas. ``(i) Regulations.--Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate such regulations as may be necessary to implement this section. ``(j) Definitions.--In this section: ``(1) Approved body.--The term `approved body' means a nonprofit organization or State agency that has been certified by the Secretary under subsection (d)(1) to accredit or administer examinations to individuals who perform or plan medical imaging or radiation therapy. ``(2) Medical imaging.--The term `medical imaging' means any procedure or article, excluding medical ultrasound procedures, intended for use in the diagnosis or treatment of disease or other medical or chiropractic conditions in humans, including diagnostic X-rays, nuclear medicine, and magnetic resonance procedures. ``(3) Perform.--The term `perform', with respect to medical imaging or radiation therapy, means-- ``(A) the act of directly exposing a patient to radiation via ionizing or radio frequency radiation or to a magnetic field for purposes of medical imaging or for purposes of radiation therapy; and ``(B) the act of positioning a patient to receive such an exposure. ``(4) Plan.--The term `plan' with respect to medical imaging or radiation therapy, means the act of preparing for the performance of such a procedure to a patient by evaluating site-specific information, based on measurement and verification of radiation dose distribution, computer analysis, or direct measurement of dose, in order to customize the procedure for the patient. ``(5) Radiation therapy.--The term `radiation therapy', means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of radiation.''.

Consumer Assurance of Radiologic Excellence Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish standards to assure the safety and accuracy of medical imaging or radiation therapy. States that such standards shall include licensure or certification, accreditation, and other requirements determined by the Secretary.Exempts the standards from applying to physicians, nurse practitioners, and physician assistants.Requires individuals prior to performing or preparing such imaging or therapy to have successfully completed a national exam approved by the Secretary.Directs the Secretary to certify private nonprofit organizations or State agencies as approved bodies with respect to the accreditation of educational programs or the administration of examinations if such organizations or agencies meet certain standards and give certain assurances. Allows the Secretary to withdraw approval from an approved body.Permits the Secretary to develop alternative standards for rural areas if such action is needed to assure access to quality medical imaging.

A bill to amend the Public Health Service Act to ensure the safety and accuracy of medical imaging examinations and radiation therapy treatments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Professional Development Act of 2006''. SEC. 2. ESTABLISHMENT OF PROFESSIONAL DEVELOPMENT PROGRAMS AT THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after section 843 the following: ``SEC. 844. HOMELAND SECURITY MENTORING PROGRAM. ``(a) Establishment.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish the Homeland Security Mentoring Program (in this section referred to as the `Mentoring Program') for employees of the Department. The Mentoring Program shall use applicable best practices, including those from the Chief Human Capital Officers Council. ``(2) Goals.--The Mentoring Program established by the Secretary-- ``(A) shall be established in accordance with the Department Human Capital Strategic Plan; ``(B) shall incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; ``(C) shall enable employees within the Department to share expertise, values, skills, resources, perspectives, attitudes and proficiencies to develop and foster a cadre of qualified employees and future leaders; ``(D) shall incorporate clear learning goals, objectives, meeting schedules, and feedback processes that will help employees, managers, and executives enhance skills and knowledge of the Department while reaching professional and personal goals; ``(E) shall enhance professional relationships, contacts, and networking opportunities among the employees of the Department; ``(F) shall complement and incorporate (but not replace) mentoring and training programs within the Department in effect on the date of enactment of this section; and ``(G) may promote cross-disciplinary mentoring and training opportunities that include provisions for intradepartmental rotational opportunities, in accordance with human capital goals and plans that foster a more diversified and effective Federal workforce of the Department. ``(3) Training leaders council.-- ``(A) Establishment.--The Training Leaders Council established by the Chief Human Capital Officer shall administer the Mentoring Program. ``(B) Responsibilities.--The Training Leaders Council shall-- ``(i) provide oversight of the establishment and implementation of the Mentoring Program; ``(ii) establish a framework that supports the goals of the Mentoring Program and promotes cross-disciplinary mentoring and training; ``(iii) identify potential candidates to be mentors or mentees and select candidates for admission into the Mentoring Program; ``(iv) formalize mentoring assignments within the Department; ``(v) formulate individual development plans that reflect the needs of the Department, the mentor, and the mentee; ``(vi) coordinate with mentoring programs in the Department in effect on the date of enactment of this section; and ``(vii) establish target enrollment numbers for the size and scope of the Mentoring Program, under the human capital goals and plans of the Department. ``(4) Selection of participants for mentoring program.-- ``(A) In general.--The Mentoring Program shall consist of middle and senior level employees of the Department with significant experience who shall serve as mentors for junior and entry level employees and employees who are critical to Department succession plans and programs. ``(B) Selection of mentors.--Mentors shall be employees who-- ``(i) understand the organization and culture of the Department; ``(ii) understand the aims of mentoring in Federal public service; ``(iii) are available and willing to spend time with the mentee, giving appropriate guidance and feedback; ``(iv) enjoy helping others and are open- minded, flexible, empathetic, and encouraging; and ``(v) have very good communications skills, and stimulate the thinking and reflection of mentees. ``(C) Selection of mentees.--Mentees shall be motivated employees who possess potential for future leadership and management roles within the Department. ``(5) Roles and responsibilities of participants in the mentoring program.-- ``(A) Mentors.-- ``(i) Role.--A mentor shall serve as a model, motivator, and counselor to a mentee. ``(ii) Limitation.--Any person who is the immediate supervisor of an employee and evaluates the performance of that employee may not be a mentor to that employee under the Mentor Program. ``(iii) Responsibilities.--The responsibilities of a mentor may include-- ``(I) helping the mentee set short- term learning objectives and long-term career goals; ``(II) helping the mentee understand the organizational culture of the Department; ``(III) recommending or creating learning opportunities; ``(IV) providing informal education and training in areas such as communication, critical thinking, responsibility, flexibility, and teamwork; and ``(V) pointing out the strengths and areas for development of the mentee. ``(B) Mentees.--The responsibilities of the mentee may include-- ``(i) defining short-term learning objectives and long-term career goals; ``(ii) participating in learning opportunities to broaden knowledge of the Department; and ``(iii) participating in professional opportunities to improve a particular career area, develop an area of technical expertise, grow professionally, and expand leadership abilities. ``(6) Reporting.--Not later than 180 days after the date of the establishment of the Mentoring Program, the Secretary shall submit a report on the status of the Mentoring Program and enrollment, including the number of mentors and mentees in each component of the Department and how the Mentoring Program is being used in succession planning and leadership development to-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Committee on Homeland Security of the House of Representatives; and ``(C) the Committee on Government Reform of the House of Representatives. ``SEC. 845. HOMELAND SECURITY ROTATION PROGRAM. ``(a) Establishment.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish the Homeland Security Rotation Program (in this section referred to as the `Rotation Program') for employees of the Department. The Rotation Program shall use applicable best practices, including those from the Chief Human Capital Officers Council. ``(2) Goals.--The Rotation Program established by the Secretary shall-- ``(A) be established in accordance with the Department Human Capital Strategic Plan; ``(B) provide middle level employees in the Department the opportunity to broaden their knowledge through exposure to other components of the Department; ``(C) expand the knowledge base of the Department by providing for rotational assignments of employees to other components; ``(D) build professional relationships and contacts among the employees in the Department; ``(E) invigorate the workforce with exciting and professionally rewarding opportunities; ``(F) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and ``(G) complement and incorporate (but not replace) rotational programs within the Department in effect on the date of enactment of this section. ``(3) Training leaders council.-- ``(A) In general.--The Training Leaders Council established by the Chief Human Capital Officer shall administer the Rotation Program. ``(B) Responsibilities.--The Training Leaders Council shall-- ``(i) provide oversight of the establishment and implementation of the Rotation Program; ``(ii) establish a framework that supports the goals of the Rotation Program and promotes cross-disciplinary rotational opportunities; ``(iii) establish eligibility for employees to participate in the Rotation Program and select participants from employees who apply; ``(iv) establish incentives for employees to participate in the Rotation Program, including promotions and employment preferences; ``(v) ensure that the Rotation Program provides professional education and training; ``(vi) ensure that the Rotation Program develops qualified employees and future leaders with broad-based experience throughout the Department; ``(vii) provide for greater interaction among employees in components of the Department; and ``(viii) coordinate with rotational programs within the Department in effect on the date of enactment of this section. ``(4) Allowances, privileges, and benefits.--All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved. ``(5) Reporting.--Not later than 180 days after the date of the establishment of the Rotation Program, the Secretary shall submit a report on the status of the Rotation Program, including a description of the Rotation Program, the number of employees participating, and how the Rotation Program is used in succession planning and leadership development to-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the Committee on Homeland Security of the House of Representatives; and ``(C) the Committee on Government Reform of the House of Representatives.''. (b) Technical and Conforming Amendment.--Section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 843 the following: ``Sec. 844. Homeland Security Mentoring Program. ``Sec. 845. Homeland Security Rotation Program.''. SEC. 3. REPORTS TO CONGRESS. (a) In General.--Chapter 41 of title 5, United States Code is amended by adding at the end the following: ``SEC. 4122. REPORTS TO CONGRESS. ``The Director of the Office of Personnel Management shall report annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on the training, mentoring, and succession plans and programs of Federal agencies, including the number of participants, the structure of the programs, and how participants are used for leadership development and succession planning programs.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 41 of title 5, United States Code, is amended by inserting after the item relating to section 4121 the following: ``4122. Reports to Congress.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out this Act.

Homeland Security Professional Development Act of 2006 - Amends the Homeland Security Act of 2002 to direct the Secretary of the Department of Homeland Security (DHS) to establish: (1) the Homeland Security Mentoring Program for DHS employees, the goals of which shall include addressing critical human capital deficiencies, recruitment and retention efforts, and succession planning and promoting cross-disciplinary mentoring and training opportunities; and (2) the Homeland Security Rotation Program to provide middle level DHS employees the opportunity to broaden their knowledge through exposure to other DHS components. Requires such programs to be: (1) established in accordance with DHS's Human Capital Strategic Plan; and (2) administered by the Training Leaders Council (established by the Chief Human Capital Officer). Requires the Director of the Office of Personnel Management (OPM) to report annually to specified congressional committees on the training, mentoring, and succession plans and programs of federal agencies.

to amend the Homeland Security Act of 2002 to establish employee professional development programs at the Department of Homeland Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HMO Guaranty Act of 2000''. SEC. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors appointed under section 3(d). (2) Contractual obligation.--The term ``contractual obligation'' means an obligation by a health maintenance organization, under an agreement, policy, certificate, or evidence of coverage involving a covered individual and the organization, to pay or reimburse the covered individual (or a health care provider who provided items or services to the individual) for services provided prior to the declaration of the insolvency of the health maintenance organization, that remains unpaid at the time of such insolvency. Such term does not include claims by former employees, including medical professional employees, for deferred compensation, severance, vacation, or other employment benefits. (3) Covered individual.--The term ``covered individual'' means an enrollee or member of a health maintenance organization. (4) Guaranty fund.--The term ``Guaranty Fund'' means the Federal HMO Guaranty Fund established under section 3. (5) Health care provider.--The term ``health care provider'' means a physician, hospital, or other person that is licensed or otherwise authorized by the State to provide health care services, and that provided health care services to an enrollee of a health maintenance organization. (6) Health maintenance organization.--The term ``health maintenance organization'' has the meaning given such term by section 2791(b)(3) of the Public Health Service Act (42 U.S.C. 300gg-91(b)(3)). (7) Health maintenance organization contract.--The term ``covered health maintenance organization contract'' means a policy, certificate, or other evidence of health care coverage that is issued by a health maintenance organization. (8) Insolvent organization.--The term ``insolvent organization'' means a health maintenance organization that is declared insolvent by court of competent jurisdiction and placed under the control of a State Commissioner of Insurance for the purpose of liquidation. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, in consultation with the Secretary of Labor and the Secretary of the Treasury. (10) State.--The term ``State'' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, or any agency or instrumentality thereof. (11) Uncovered expenditures.--The term ``uncovered expenditures'' means the expenditures for the provision of health care services that are the obligation of a health maintenance organization that have not been paid by such organization and for which no alternative payment arrangements have been made. SEC. 3. ESTABLISHMENT OF HMO GUARANTY FUND. (a) In General.--There is established in the Treasury of the United States a fund to be known as the HMO Guaranty Fund to be used as provided for in this Act. (b) Amounts in Fund.-- (1) In general.--There shall be deposited into the Guaranty Fund-- (A) amounts collected under section 5(a); (B) penalties collected under section 5(b); and (C) earnings on investments of monies in the Guaranty Fund. (2) Investments.-- (A) In general.--The Secretary of the Treasury shall invest amounts in the Guaranty Fund that are not required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired on original issue at the issue price, or by purchase of outstanding obligations at the market price. (B) Availability of income.--Any interest derived from obligations held by the Guaranty Fund and the proceeds from any sale or redemption of such obligations, are hereby appropriated to the Fund. (c) Use of Guaranty Fund.--Subject to section 4, amounts in the Guaranty Fund shall be used to make payments to a State-- (1) to pay the outstanding health care provider claims for uncovered expenditures, and to fulfill contractual obligations to covered individuals, with respect to an insolvent health maintenance organization; and (2) to provide for a temporary continuation of health care coverage for covered individuals. (d) Board of Directors.-- (1) In general.--The Guaranty Fund shall be administered by a Board of Directors to be composed of 9 individuals of which-- (A) three directors shall be appointed by the National Association of Insurance Commissioners from among individuals who serve as insurance regulators of a State; (B) three directors shall be appointed by a national association which represents the health maintenance organization industry of all States (as determined by the Secretary) from among representatives of health maintenance organizations; and (C) three directors shall be-- (i) the Secretary of the Treasury, or the designee of the Secretary; (ii) the Secretary of Health and Human Services, or the designee of the Secretary; and (iii) the Secretary of Labor, or the designee of the Secretary. (2) Terms, vacancies.--The members of the Board shall establish the terms of service of the members of the Board appointed under subparagraphs (A) and (B) of paragraph (1). Any vacancy in the Board shall not affect its powers, and shall be filled in the same manner as the original appointment. (3) Compensation of members.-- (A) In general.--Except as provided in subparagraph (B), each member of the Board who is not an officer or employee of the Federal Government shall serve without compensation. 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. Such expenses shall be paid from the Guaranty Fund. (4) Voting.--Each member of the Board shall have 1 vote. The Board shall set policy and decide all matters by a simple majority of the votes cast. (5) Chairperson.--The Board shall elect a chairperson from among its members. (6) Meetings.--The Board shall first meet not later than 30 days after the date on which all members are appointed under paragraph (1). Subsequent meetings shall be at the call of the chairperson. The Board may hold public hearings after giving proper notice. (7) Fiduciary duty.--With respect to the members of the Board that are not appointed under paragraph (1)(A), in carrying out the duties of the Board such members shall have a fiduciary duty to the Guaranty Fund that shall supersede any duty to an employer or other special interest that the member may otherwise represent. (8) Limitations on liability.--A member of the Board shall not be liable, or in any way responsible, for the obligations of the Guaranty Fund. (e) Duties.--The Board shall-- (1) administer the Guaranty Fund; (2) adopt bylaws that permit the Board to enter into contracts to receive contributions and make distributions in accordance with this Act; (3) establish the application criteria and materials necessary to enable a State to submit an application to the Guaranty Fund; (4) review and make determination on applications received under section 4(b); and (5) carry out other activities in accordance with this Act. SEC. 4. EXPENDITURES FROM THE GUARANTY FUND. (a) In General.--The Guaranty Fund shall be used to make payments to a State to enable such State to pay the claims of health care providers for health care services provided to covered individuals prior to the declaration of insolvency of a health maintenance organization and to provide for a temporary continuation of health care coverage for such individuals. (b) Procedure.-- (1) In general.--Upon the declaration by a court of competent jurisdiction that a health maintenance organization is insolvent, the official responsible for regulating health insurance in the State in which the declaration is made may submit an application to the Guaranty Fund for payment under this Act. (2) Contents of application.--An application submitted by a State under paragraph (1) shall include the following: (A) Liquidation of assets and return of unused funds.--The application shall contain an accounting of amounts received (or expected to be received) as a result of the liquidation of the assets of the insolvent organization. (B) Fund amount.--The application shall contain a request for a specific amount of funds that will be used for the uncovered expenditures and contractual obligations of an insolvent organization. (C) Uncovered expenditures.--The application shall contain an estimate of the aggregate number of uncovered individuals and aggregate amount of uncovered expenditures with respect to the insolvent organization involved. (D) Continuation coverage.--The application shall contain an estimate of the aggregate amount of funds needed to provide continuation coverage to uncovered individuals. (c) Consideration by Board.--Not later than 30 days after the date on which the Guaranty Fund receives a completed application from a State under subsection (b), the Board shall make a determination with respect to payments to the States. (d) Limitation.--The aggregate amount that may be paid to a State under this section with respect to a single uncovered individual shall not exceed $300,000. (e) Use for Continuation Coverage.-- (1) In general.--A State may use amounts provided under this section to provide for the continuation of health care coverage for an uncovered individual through a health maintenance organization or other health care coverage that has been determined appropriate by the official responsible for regulating health insurance in the State in collaboration with the Board. (2) Limitation.--The period of continuation coverage with respect to an uncovered individual under paragraph (1) shall terminate on the earlier of-- (A) the date that is 1 year after the date on which the health maintenance organization was declared insolvent; or (B) or the date on which the contractual obligation of the health maintenance organization to the individual was to terminate. (f) Repayment of Funds.--The State shall repay to the Guaranty Fund an amount equal to-- (1) any amounts not utilized by the State on the date on which the liquidation of the insolvent organization is completed; and (2) any amounts recovered through liquidation that have not been accounted for in the application of the State under subsection (b)(2)(A). SEC. 5. CONTRIBUTIONS TO THE GUARANTY FUND. (a) Assessment on Health Maintenance Organizations.-- (1) In general.--Not later than January 1, 2001, and every 6 months thereafter, each health maintenance organization that is licensed by a State to provide health care coverage shall pay to the Guaranty Fund an amount to be determined in accordance with an assessment schedule to be established by the Secretary not later than 180 days after the date of enactment of this Act. (2) Deferment.--The Board, after consultation with the official responsible for regulating health insurance in the State involved may exempt, abate, or defer, in whole or in part, the assessment of a health maintenance organization under paragraph (1) if the organization demonstrates that the payment of the assessment would endanger the ability of the organization to fulfill its contractual obligations or place the organization in an unsound financial condition. (3) Prohibition.--A health maintenance organization shall not adjust the amount of premiums paid by enrollees to account for the assessment paid under paragraph (1). (b) Failure to Pay.--A health maintenance organization that fails to pay an assessment under subsection (a)(1) within 30 days after the date on which such assessment was to be paid shall be subject to a civil penalty in an amount not to exceed $1,000 per day. SEC. 6. STATE PREEMPTION. (a) In General.--Nothing in this Act shall be construed to preempt or supersede any provision of State law that establishes, implements, or continues in effect any standard or requirement relating to health maintenance organizations. (b) Definition.--In this section, the term ``State law'' means all laws, decisions, rules, regulations or other State actions that have the effect of law.

Requires each HMO that is licensed by a State to provide health care coverage to make biannual payments to the Guaranty Fund in accordance with an assessment schedule to be established by the Secretary of Health and Human Services. Permits deferrals or exemptions if an HMO demonstrates that payment of the assessment would endanger its ability to fulfill contractual obligations or place it in an unsound financial condition. Prescribes a civil penalty for failure to pay.

HMO Guaranty Act of 2000

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

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

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

SECTION 1. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION OVER ENERGY TRADING MARKETS AND METALS TRADING MARKETS. (a) FERC Liaison.--Section 2(a)(8) of the Commodity Exchange Act (7 U.S.C. 2(a)(8)) is amended by adding at the end the following: ``(C) FERC liaison.--The Commission shall, in cooperation with the Federal Energy Regulatory Commission, maintain a liaison between the Commission and the Federal Energy Regulatory Commission.''. (b) Exempt Transactions.--Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended-- (1) in subsection (h), by adding at the end the following: ``(7) Applicability.--This subsection does not apply to an agreement, contract, or transaction in an exempt energy commodity or an exempt metal commodity described in section 2(j)(1).''; and (2) by adding at the end the following: ``(j) Exempt Transactions.-- ``(1) Transactions in exempt energy commodities and exempt metals commodities.--An agreement, contract, or transaction (including a transaction described in section 2(g)) in an exempt energy commodity or exempt metal commodity shall be subject to-- ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b; ``(B) subsections (c) and (d) of section 6 and sections 6c, 6d, and 8a, to the extent that those provisions-- ``(i) provide for the enforcement of the requirements specified in this subsection; and ``(ii) prohibit the manipulation of the market price of any commodity in interstate commerce or for future delivery on or subject to the rules of any contract market; ``(C) sections 6c, 6d, 8a, and 9(a)(2), to the extent that those provisions prohibit the manipulation of the market price of any commodity in interstate commerce or for future delivery on or subject to the rules of any contract market; ``(D) section 12(e)(2); and ``(E) section 22(a)(4). ``(2) Bilateral dealer markets.-- ``(A) In general.--Except as provided in paragraph (6), a person or group of persons that constitutes, maintains, administers, or provides a physical or electronic facility or system in which a person has the ability to offer, execute, trade, or confirm the execution of an agreement, contract, or transaction (including a transaction described in section 2(g)) (other than an agreement, contract, or transaction in an excluded commodity) by making or accepting the bids and offers of 1 or more participants on the facility or system (including facilities or systems described in clauses (i) and (iii) of section 1a(33)(B)), the person or group of persons, and the facility or system (referred to in this subsection as a `bilateral dealer market') may offer to enter into, enter into, or confirm the execution of any agreement, contract, or transaction under paragraph (1) (other than an agreement, contract, or transaction in an excluded commodity) if the bilateral dealer market meets the requirement of subparagraph (B). ``(B) Requirement.--The requirement of this subparagraph is that a bilateral dealer market shall-- ``(i) provide notice to the Commission in such form as the Commission may specify by rule or regulation; ``(ii) file with the Commission any reports (including large trader position reports) that the Commission requires by rule or regulation; ``(iii)(I) consistent with section 4i, maintain books and records relating to each transaction in such form as the Commission may specify for a period of 5 years after the date of the transaction; and ``(II) make those books and records available to representatives of the Commission and the Department of Justice for inspection for a period of 5 years after the date of each transaction; and ``(iv) make available to the public on a daily basis such information as total volume by commodity, settlement price, open interest, opening and closing ranges, and any other information that the Commission determines to be appropriate for public disclosure, except that the Commission may not-- ``(I) require the real time publication of proprietary information; or ``(II) prohibit the commercial sale of real time proprietary information. ``(3) Reporting requirements.--On request of the Commission, an eligible contract participant that trades on a bilateral dealer market shall provide to the Commission, within the time period specified in the request and in such form and manner as the Commission may specify, any information relating to the transactions of the eligible contract participant on the bilateral dealer market within 5 years after the date of any transaction that the Commission determines to be appropriate. ``(4) Capital requirements.-- ``(A) In general.--Except as provided in subparagraph (B), a bilateral dealer market shall adopt a value-at-risk model approved by the Commission. ``(B) Capital commensurate with risk.--If there is an interaction of multiple bids and multiple offers on the bilateral dealer market in a predetermined, nondiscretionary automated trade matching and trade execution algorithm or bids and offers and acceptances of bids and offers made on the bilateral dealer market are binding, a bilateral dealer market shall maintain sufficient capital commensurate with the risk associated with transactions on the bilateral dealer market, as determined by the Commission. ``(5) Transactions exempted by commission action.--Any agreement, contract, or transaction on a bilateral dealer market (other than an agreement, contract, or transaction in an excluded commodity) that would otherwise be exempted by the Commission under section 4(c) shall be subject to-- ``(A) sections 4b, 4c(a), 4c(b), 4o, and 5b; and ``(B) subsections (c) and (d) of section 6 and sections 6c, 6d, 8a, and 9(a)(2), to the extent that those provisions prohibit the manipulation of the market price of any commodity in interstate commerce or for future delivery on or subject to the rules of any contract market. ``(6) No effect on other ferc authority.--This subsection does not affect the authority of the Federal Energy Regulatory Commission to regulate transactions under the Federal Power Act (16 U.S.C. 791a et seq.) or the Natural Gas Act (15 U.S.C 717 et seq.). ``(7) Applicability.--This subsection does not apply to-- ``(A) a designated contract market regulated under section 5; or ``(B) a registered derivatives transaction execution facility regulated under section 5a.''. (c) Contracts Designed to Defraud or Mislead.--Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is amended by striking subsection (a) and inserting the following: ``(a) Prohibition.--It shall be unlawful for any member of a registered entity, or for any correspondent, agent, or employee of any member, in or in connection with any order to make, or the making of, any contract of sale of any commodity in interstate commerce, made, or to be made on or subject to the rules of any registered entity, or for any person, in or in connection with any order to make, or the making of, any agreement, transaction, or contract in a commodity subject to this Act-- ``(1) to cheat or defraud or attempt to cheat or defraud any person; ``(2) willfully to make or cause to be made to any person any false report or statement, or willfully to enter or cause to be entered any false record; ``(3) willfully to deceive or attempt to deceive any person by any means; or ``(4) to bucket the order, or to fill the order by offset against the order of any person, or willfully, knowingly, and without the prior consent of any person to become the buyer in respect to any selling order of any person, or to become the seller in respect to any buying order of any person.'' (d) Conforming Amendments.--The Commodity Exchange Act is amended-- (1) in section 2 (7 U.S.C. 2)-- (A) in subsection (h)-- (i) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (7)''; and (ii) in paragraph (3), by striking ``paragraph (4)'' and inserting ``paragraphs (4) and (7)''; and (B) in subsection (i)(1)(A), by striking ``section 2(h) or 4(c)'' and inserting ``subsection (h) or (j) or section 4(c)''; (2) in section 4i (7 U.S.C. 6i)-- (A) by striking ``any contract market or'' and inserting ``any contract market,''; and (B) by inserting ``, or pursuant to an exemption under section 4(c)'' after ``transaction execution facility''; (3) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by striking ``section 2(h)'' and inserting ``subsection (h) or (j) of section 2''; (4) in section 5b (7 U.S.C. 7a-1)-- (A) in subsection (a)(1), by striking ``2(h) or'' and inserting ``2(h), 2(j), or''; and (B) in subsection (b), by striking ``2(h) or'' and inserting ``2(h), 2(j), or''; and (5) in section 12(e)(2)(B) (7 U.S.C. 16(e)(2)(B)), by striking ``section 2(h) or 4(c)'' and inserting ``subsection (h) or (j) of section 2 or section 4(c)''. SEC. 2. JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION OVER ENERGY TRADING MARKETS. Section 402 of the Department of Energy Organization Act (42 U.S.C. 7172) is amended by adding at the end the following: ``(i) Jurisdiction Over Derivatives Transactions.-- ``(1) In general.--To the extent that the Commission determines that any contract that comes before the Commission is not under the jurisdiction of the Commission, the Commission shall refer the contract to the appropriate Federal agency. ``(2) Meetings.--A designee of the Commission shall meet quarterly with a designee of the Commodity Futures Trading Commission, the Securities Exchange Commission, the Federal Trade Commission, and the Federal Reserve Board to discuss-- ``(A) conditions and events in energy trading markets; and ``(B) any changes in Federal law (including regulations) that may be appropriate to regulate energy trading markets. ``(3) Liaison.--The Commission shall, in cooperation with the Commodity Futures Trading Commission, maintain a liaison between the Commission and the Commodity Futures Trading Commission.''.

Amends the Commodity Exchange Act to instruct the Commodities Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) to maintain a liaison with one another.Places transactions in certain energy or metal commodities within the regulatory and enforcement framework governing futures trading and foreign transactions (including a proscription against market price manipulation of any commodity in either interstate commerce or on the contract market for future delivery).Places electronic trading facilities (bilateral dealer markets) under the regulatory oversight of the CFTC, including filing, recordkeeping, reporting and capital requirements.Prohibits contracts designed to defraud or mislead.Amends the Department of Energy Organization Act to mandate that the following agencies hold quarterly meetings to discuss conditions in energy trading markets and any changes in Federal law needed to regulate them: FERC, CFTC, the Securities Exchange Commission, the Federal Trade Commission and the Federal Reserve Board.

A bill to provide regulatory oversight over energy trading markets and metals trading markets, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Remittance Services Enhancement and Protection Act of 2003''. SEC. 2. FEDERAL CREDIT UNION ACT AMENDMENT. Paragraph (12) of section 107 of the Federal Credit Union Act (12 U.S.C. 1757(12)) is amended to read as follows: ``(12) in accordance with regulations prescribed by the Board-- ``(A) to sell or provide for a fee negotiable checks (including travelers checks), money orders, international money transfer services, and other similar money transfer instruments and services; and ``(B) to cash checks and money orders;''. SEC. 3. DISCLOSURES REQUIRED. (a) Regulations.--Subject to paragraph (2), the appropriate Federal agencies shall jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer (whether or not the consumer maintains an account at such institution or business) to provide the following disclosures to the consumer before the consummation of the transaction: (1) Any fees to be charged to the recipient, including any exchange rate or currency conversion fees. (2) A final itemization of all costs to the consumer, which would include all fees charged, for the remittance. (3) The exact amount of foreign currency to be received by the recipient in the foreign country. (b) Language Requirement.--The disclosures required under subsection (a) shall be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Appropriate federal agency.--The term ``appropriate Federal agency'' means-- (A) the appropriate Federal banking agency, in the case of any insured depository institution; (B) the National Credit Union Administration, in the case of any insured credit union; and (C) the Federal Trade Commission, in the case of any financial institution or money transmitting business that is not an insured depository institution or insured credit union. (2) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (3) Insured credit union.--The term ``insured credit union'' has the same meaning as in section 101 of the Federal Credit Union Act; (4) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (5) International money transfer.--The term ``international money transfer'' means any money transmitting service originating in the United States and involving an international transaction which is provided by a financial institution or a money transmitting business. (6) Money transmitting service.--The term ``money transmitting service'' has the same meaning as in section 5330(d)(2) of title 31, United States Code. (7) Money transmitting business.--The term ``money transmitting business'' means any business which-- (A) provides check cashing, currency exchange, or money transmitting or remittance services, or issues or redeems money orders, travelers' checks, and other similar instruments; and (B) is not a depository institution (as defined in section 5313(g) of title 31, United States Code). (d) Administrative Enforcement.-- (1) Depository institutions.-- (A) In general.--Compliance with the requirements imposed under this section shall be enforced under-- (i) section 8 of the Federal Deposit Insurance Act, in the case of an insured depository institution, by the appropriate Federal banking agency; and (ii) the Federal Credit Union Act, in the case of any insured credit union (as defined in section 101 of the Federal Credit Union Act), by the National Credit Union Administration. (B) Applicability of other laws.-- (i) Violations of this section.--For the purpose of the exercise by any agency referred to in subparagraph (A) of its powers under any Act referred to in that subparagraph, a violation of any requirement imposed under this section shall be deemed to be a violation of a requirement imposed under that Act. (ii) Other authority.--In addition to its powers under any provision of law specifically referred to in subparagraph (A), each of the agencies referred to in such subparagraph may exercise, for the purpose of enforcing compliance with any requirement imposed under this section, any other authority conferred on it by law. (2) Other money transmitting businesses.-- (A) Appropriate federal regulator.--Except to the extent that enforcement of the requirements imposed under this section is specifically committed to some other Government agency under paragraph (1), the Federal Trade Commission shall enforce such requirements. (B) Applicability of other laws.-- (i) Violations of this section.--For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this section shall be deemed a violation of a requirement imposed under that Act. (ii) Other authority.--All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person subject to the jurisdiction of the Commission with the requirements imposed under this section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act. (e) Effective Date.--This section shall apply to any international money transfer initiated in the United States after the end of the 3- month period beginning on the date of enactment of this Act.

International Remittance Services Enhancement and Protection Act of 2003 - Amends the Federal Credit Union Act to repeal the limitation on the authority of Federal credit unions to sell negotiable checks (including travelers checks), money orders, and other similar money transfer instruments and services to, as well as cash checks and money orders for, members only. (Thus allows Federal credit unions to perform such services for anyone.) Adds international money transfer services to the list of such services. Directs the appropriate Federal agencies to jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to disclose the following: (1) any fees charged to the recipient, including exchange rate or currency conversion fees; (2) a final itemization of all costs to the consumer, including all fees charged for the remittance; and (3) the exact amount of foreign currency to be received by the recipient in the foreign country. Requires such disclosures to be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated. Grants the Federal Trade Commission enforcement powers with respect to any financial institution or money transmitting business that is not an insured depository institution or insured credit union.

A bill to allow credit unions to provide international money transfer services and to require disclosures in connection with international money transfers from all money transmitting service providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Economy Workforce Act''. SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS. Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1153(e)(1)) is amended-- (1) by striking ``(1) Immigrant visas'' and inserting ``(1)(A) Subject to the succeeding provisions of this paragraph, immigrant visas''; and (2) by adding at the end the following: ``(B)(i) An immigrant visa may be made available under paragraph (1), (2)(B), (3), or (4) of subsection (a) to an alien who-- ``(I) does not have a bachelor's degree (or higher degree) only if there is no qualified individual to whom such a visa may be made available under the respective paragraph who has such a degree; or ``(II) is not a high school graduate only if there is no qualified individual to whom such a visa may be made available under the respective paragraph who has a bachelor's degree (or higher degree) or who is a high school graduate. ``(ii) For purposes of clause (i)-- ``(I) the term `bachelor's degree' includes a foreign degree that is a recognized foreign equivalent of a bachelor's degree; and ``(II) the term `high school graduate' means an individual who has successfully completed either a 12-year course of elementary and secondary school study in the United States or a formal course of elementary and secondary school study abroad equivalent to a 12-year course of elementary and secondary school study in the United States. ``(iii) The determination of educational status under clause (i) shall be made using the most recent evidence with respect to educational credentials proffered by the alien.''. SEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS. Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) is amended to read as follows: ``(2) Requirement of education.-- ``(A) In general.--An alien is not eligible for a visa under this subsection unless the alien has a bachelor's degree (or higher degree). ``(B) Definition.--For purposes of subparagraph (A), the term `bachelor's degree' includes a foreign degree that is a recognized foreign equivalent of a bachelor's degree.''. SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND VERIFICATION OF EDUCATIONAL CREDENTIALS. Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: ``(h) Determinations With Respect to Foreign Degree Equivalence.-- For purposes of subsections (c)(2) and (e)(1)(B), in the case of an alien obtaining a foreign degree, or completing a foreign course of elementary and secondary school study, any determination with respect to the equivalence of that degree or course of study to a degree obtained, or a course of study completed, in the United States shall be made by the Secretary of State. In carrying out the preceding sentence, the Secretary of State shall verify the authenticity of any foreign educational credential proffered by an alien.''. SEC. 5. ADMINISTRATIVE OBLIGATIONS. (a) Allocation of Visas to Family-Sponsored Immigrants.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General, shall promulgate regulations regarding the allocation of immigrant visas, made available under paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the Immigration and Nationality Act, pursuant to the amendments made by this Act. (b) Determinations With Respect to Foreign Degrees.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General and the Secretary of Education, shall promulgate regulations to carry out section 203(h) of the Immigration and Nationality Act (as added by section 4). (2) Imposition of fee.--Such regulations may permit the Secretary of State to charge and collect a processing and verification fee, to be set at a level that will ensure recovery of the full costs incurred in carrying out such section 203(h). (3) Use of fee.--There is established in the general fund of the Treasury a separate account, which shall be known as the ``Foreign Degree Equivalence Account''. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected pursuant to paragraph (2). Amounts deposited into the account shall remain available to the Secretary of State until expended to carry out section 203(h) of the Immigration and Nationality Act (as added by section 4). (c) Other Regulations.--Except as provided in subsections (a) and (b), not later than 90 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall promulgate regulations implementing the amendments made by this Act. (d) Forms.--Not later than 90 days after the date on which regulations are promulgated under subsections (a) through (c), the Attorney General and the Secretary of State shall each make available revised forms, as appropriate, that prominently include instructions regarding procedures for establishing an alien's level of educational attainment for purposes of the amendments made by this Act. Such forms shall include appropriate forms for supplementing prior submissions. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to immigrant visas made available under section 203(a) of the Immigration and Nationality Act on or after the date that is 180 days after the date of the enactment of this Act, and immigrant visas made available under section 203(c) of such Act on or after October 1, 2002, regardless of the date any classification petition under section 204 of such Act may have been filed.

Requires diversity immigrants to have at least a bachelor's degree. Establishes and sets forth the Secretary of State's verification obligations respecting foreign degrees and educational credentials. Authorizes the Secretary to impose a related fee. Establishes the Foreign Degree Equivalence Account in the Treasury.

New Economy Workforce Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Select Agent Program and Biosafety Improvement Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION Sec. 101. Reauthorization of select agent program. Sec. 102. Select agent program review. Sec. 103. Revision of the list of biological agents and toxins. Sec. 104. Sharing information with trusted state partners. Sec. 105. Improvements to inventorying and monitoring of agents. Sec. 106. Smallpox definition clarification. Sec. 107. Plan for surge in samples of biological agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS Sec. 201. Improvement of oversight of biocontainment laboratories. Sec. 202. Improvement of training for laboratory personnel. Sec. 203. Biological laboratory incident reporting system. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control and Prevention regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to public health and safety. (2) The Animal and Plant Health Inspection Service regulates the possession, use, and transfer of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. (3) As of April 2008, there are 72 select agents and toxins, 13 of which are found naturally in the United States. (4) As of April 2008, there are 325 entities registered with the Centers for Disease Control and Prevention to work with select agents and toxins and 75 entities registered with the Animal and Plant Health Inspection Service. There are 9,918 individuals approved to work with select agents and toxins through the Centers for Disease Control and Prevention and 4,336 through the Animal and Plant Health Inspection Service. (5) Biocontainment laboratories are used by scientists to study infectious materials safely and effectively. Laboratory biological research is categorized by the safety level at which it is performed. There are 4 safety levels, termed Biosafety Level (BSL) 1 through 4. TITLE I--SELECT AGENT PROGRAM REAUTHORIZATION SEC. 101. REAUTHORIZATION OF SELECT AGENT PROGRAM. (a) Reauthorization of Select Agent Program.-- (1) Amendment to the public health service act.--Section 351A(m) of the Public Health Service Act (42 U.S.C. 262a(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(m) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(m)) is amended by striking ``2002 through 2007'' and inserting ``2009 through 2013''. (b) Appropriate Training.-- (1) Amendment to the public health service act.--Section 351A(e)(2)(A) of the Public Health Service Act (42 U.S.C. 262a(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(e)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(e)(2)(A)) is amended by inserting ``, and appropriate training,'' after ``have a legitimate need''. (c) Covered Agencies.-- (1) Amendment to the public health service act.--Section 351A(h)(2)(A) (42 U.S.C. 262a(h)(2)(A)) of the Public Health Service Act is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. (2) Amendment to the agricultural bioterrorism protection act of 2002.--Section 212(h)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(2)(A)) is amended by inserting ``the Department of Homeland Security,'' after ``the Department of Agriculture,''. SEC. 102. SELECT AGENT PROGRAM REVIEW. (a) In General.--The Secretary of Health and Human Services, in consultation with the Secretary of Agriculture, shall enter into a contract with the National Academy of Sciences to conduct a review of the select agent program under section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401). Such review shall focus on-- (1) the extent to which the program has enhanced biosecurity and biosafety in the United States; (2) the effects of the program on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Report; Recommendations.--Not later than 240 days after the date of enactment of this Act, the National Academy of Sciences shall submit a report to the Secretary of Health and Human Services, the Secretary of Agriculture, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, and other congressional committees of relevant interest, on the results of the review conducted under subsection (a). Such report shall include recommendations for improving the structure of the select agent program for-- (1) enhancing the biosecurity and biosafety of the United States; (2) eliminating or reducing adverse effects of the program, if any, on-- (A) international scientific collaboration; and (B) scientific advances in the United States; and (3) other issues as requested by the Secretary of Health and Human Services and the Secretary of Agriculture. SEC. 103. REVISION OF THE LIST OF BIOLOGICAL AGENTS AND TOXINS. (a) Amendment to the Public Health Service Act.--Section 351A(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 262a(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended-- (1) in subclause (III), by striking ``; and'' and inserting a semicolon; (2) by redesignating subclause (IV) as subclause (VII); and (3) by inserting after subclause (III) the following: ``(IV) whether the agent or toxin is endemic to the United States, as defined by the Secretary; ``(V) information available from biological risk assessments conducted by the Department of Homeland Security; ``(VI) newly discovered agents of disease, including genetically modified organisms or agents created synthetically; and''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) shall not be construed to preclude the listing of a biological agent or toxin that is endemic to the United States. SEC. 104. SHARING INFORMATION WITH TRUSTED STATE PARTNERS. (a) Amendment to the Public Health Service Act.--Section 351A(h)(5) of the Public Health Service Act (42 U.S.C. 262a(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from the health director (or equivalent State official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. (b) Amendment to the Agricultural Bioterrorism Protection Act of 2002.--Section 212(h)(5) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(h)(5)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by inserting at the end the following: ``(C) to withhold information regarding a State that will assist with the State's emergency preparedness planning from an elected or appointed senior State agricultural official or equivalent State official (such as a State veterinarian or a State plant health regulatory official) of such State, if such State has in place a law to protect against the further release of such information as determined by the Secretary.''. SEC. 105. IMPROVEMENTS TO INVENTORYING AND MONITORING OF AGENTS. (a) Improved Method to Inventory and Monitor Listed Biological Agents.--Not later than 180 days after enactment of this Act, the Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with individuals with appropriate scientific expertise, shall issue guidance on inventorying and monitoring the biological agents listed under section 351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)) and the biological agents listed under section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)). (b) Considerations.--In issuing the guidance under subsection (a), the Secretaries shall consider-- (1) the effectiveness of measures to inventory and monitor listed biological agents that can propagate relative to the burden of these measures on laboratory personnel; (2) qualitative and quantitative control procedures for such listed agents, rather than only quantitative control procedures; and (3) in what situations registered persons are required to keep inventory records. SEC. 106. SMALLPOX DEFINITION CLARIFICATION. Not later than 90 days after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Health and Human Services, shall issue public guidance regarding how the Attorney General interprets the scope of the statutory definition of ``variola virus'' in section 175c of title 18, United States Code. SEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL AGENTS AND TOXINS. The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture and State officials, shall develop and disseminate guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins (as such terms are defined in section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401)) may be rapidly accessed and utilized during emergencies in which laboratories and laboratory personnel that regularly test for such agents and toxins are overwhelmed by a surge of samples of such listed agents and toxins. TITLE II--BIOSAFETY IMPROVEMENTS SEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAINMENT LABORATORIES. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Evaluation.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, and in consultation with the Secretary of Defense and the Secretary of Homeland Security (referred to in this section as the ``Secretaries'') shall, either directly or through a contract, evaluate national needs of, and oversight of, high containment biological laboratories. (c) Considerations.--In conducting the evaluation under subsection (b), the Secretaries shall consider-- (1) whether the construction of high containment biological laboratories that are in existence or planned as of the date of enactment of this Act, is likely to provide sufficient capacity for the needs of Government biodefense and infectious disease research; (2) how laboratory capacity and lessons learned can be best shared across the biodefense and infectious disease research communities, domestically and internationally; (3) whether guidance on laboratory infrastructure, commissioning, operation, and maintenance of such laboratories is adequate, and if such guidance is found to be inadequate, how to improve and streamline such guidance; and (4) ways to improve and streamline the training of the personnel of such laboratories, including recommendations regarding the minimum standards for laboratory biosafety and biosecurity training under section 202. (d) Report to Congress.--Not later than 240 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the findings and recommendations from the evaluation under this section. SEC. 202. IMPROVEMENT OF TRAINING FOR LABORATORY PERSONNEL. (a) Definition.--For purposes of this section, the term ``high containment biological laboratory'' means a laboratory that has Biosafety Level 3 or Biosafety Level 4 facilities, as defined by the Secretary of Health and Human Services and the Secretary of Agriculture. (b) Development of Minimum Standards.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, and in coordination with the Secretary of Agriculture and scientific experts representing appropriate professional groups and international health organizations, shall develop minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. In developing such standards, the Secretary of Health and Human Services shall consider existing laboratory guidelines and training modules. (c) Requirement for Approval.--A person may not register with the Secretary of Health and Human Services or the Secretary of Agriculture for the possession, use, or transfer of listed agents in accordance with section 351A of the Public Health Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401) unless the person provides to its appropriate personnel biosafety and biosecurity training that meets the minimum standards under subsection (b) in addition to any other requirements determined appropriate by the Secretary of Health and Human Services or the Secretary of Agriculture. (d) Dissemination.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, may disseminate the minimum standards under subsection (b) for voluntary use, such as when use is not required under subsection (b), in laboratories and academic programs in the United States and in other countries. SEC. 203. BIOLOGICAL LABORATORY INCIDENT REPORTING SYSTEM. (a) In General.--The Secretary of Health and Human Services, in coordination with the Secretary of Agriculture, (referred to in this section as the ``Secretaries'') shall establish an integrated Biological Laboratory Incident Reporting System through which personnel of biological laboratories may voluntarily report biosafety or biosecurity incidents of concern and the Secretaries may identify trends in such incidents and protocols for biosafety or biosecurity improvements. In developing such reporting system, the Secretaries shall consider options for integrating existing voluntary and required reporting mechanisms. (b) Functions.--In implementing the reporting system under subsection (a), the Secretaries shall enter into a contract with a public or private entity that does not regulate biological laboratories to administer the reporting system. Such entity shall-- (1) receive and process incident reports; (2) analyze, interpret incident data, and identify incident trends; (3) issue alert messages within an appropriate time period; (4) disseminate reports and other appropriate information, which shall not include facility-specific information; (5) not have authority to direct corrective action or to initiate enforcement action; (6) ensure anonymity of individuals reporting to the system, to the extent permitted by law; and (7) conduct other activities as requested by the Secretaries.

Select Agent Program and Biosafety Improvement Act of 2008 - Amends the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 to reauthorize appropriations for the Select Agent Program, which lists and controls biological agents and toxins that have the potential to pose a severe threat to public health and safety. Requires appropriate training of individuals handling or using such agents and toxins. Includes the Department of Homeland Security (DHS) among the federal agencies limited in the disclosure of information related to listed agents or toxins. Requires the Secretary of Health and Human Services to contract with the National Academy of Sciences to review and make recommendations for improving the Select Agent Program. Sets forth additional factors that the Secretary must consider in determining whether to list an agent or toxin, including whether the agent or toxin is endemic to the United States. Requires the Secretary to issue guidance on inventorying and monitoring listed biological agents. Directs the Attorney General to issue guidance regarding the scope of the statutory definition of "variola virus." Requires the Secretary to: (1) develop guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins may be rapidly accessed and utilized during emergencies; and (2) evaluate national needs of, and oversight of, high containment biological laboratories. Provides for the development of minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. Requires the Secretary to establish a Biological Laboratory Incident Reporting System.

A bill to reauthorize the Select Agent Program by amending the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 and to improve oversight of high containment laboratories.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Survivor Benefits Improvement Act of 2003''. SEC. 2. COMPUTATION OF BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR SURVIVING SPOUSES OVER AGE 62. (a) Phased Increase in Basic Annuity.-- (1) Standard annuity.-- (A) Increase to 55 percent.--Clause (i) of subsection (a)(1)(B) of section 1451 of title 10, United States Code, is amended by striking ``35 percent of the base amount.'' and inserting ``the product of the base amount and the percent applicable to the month, as follows: ``(I) For a month before October 2004, the applicable percent is 35 percent. ``(II) For a month during fiscal year 2005, the applicable percent is 40 percent. ``(III) For a month during fiscal year 2006, the applicable percent is 45 percent. ``(IV) For a month during fiscal year 2007, the applicable percent is 50 percent. ``(V) For a month during a fiscal year after fiscal year 2007, the applicable percent is 55 percent.''. (B) Coordination with savings provision under prior law.--Clause (ii) of such subsection is amended by striking ``, at the time the beneficiary becomes entitled to the annuity,''. (2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I) of such section is amended by striking ``35 percent'' and inserting ``the percent specified under subsection (a)(1)(B)(i) as being applicable for the month''. (3) Survivors of eligible persons dying on active duty, etc.-- (A) Increase to 55 percent.--Clause (i) of subsection (c)(1)(B) of such section is amended-- (i) by striking ``35 percent'' and inserting ``the applicable percent''; and (ii) by adding at the end the following: ``The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for that month.''. (B) Coordination with savings provision under prior law.--Clause (ii) of such subsection is amended by striking ``, at the time the beneficiary becomes entitled to the annuity,''. (4) Clerical amendment.--The heading for subsection (d)(2)(A) of such section is amended to read as follows: ``Computation of annuity.--''. (b) Corresponding Phased Elimination of Supplemental Annuity.-- (1) Phased reduction of supplemental annuity.--Section 1457(b) of title 10, United States Code, is amended-- (A) by striking ``5, 10, 15, or 20 percent'' and inserting ``the applicable percent''; and (B) by inserting after the first sentence the following: ``The percent used for the computation shall be an even multiple of 5 percent and, whatever the percent specified in the election, may not exceed 20 percent for months before October 2004, 15 percent for months during fiscal year 2005, 10 percent for months during fiscal year 2006, and 5 percent for months after September 2006.''. (2) Repeal upon implementation of 55 percent sbp annuity.-- Effective on October 1, 2007, chapter 73 of such title is amended-- (A) by striking subchapter III; and (B) by striking the item relating to subchapter III in the table of subchapters at the beginning of that chapter. (c) Recomputation of Annuities.-- (1) Periodic recomputation required.--Effective on the first day of each month specified in paragraph (2)-- (A) each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and (B) each supplemental survivor annuity under section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity. (2) Time for recomputation.--The requirement under paragraph (1) for recomputation of certain annuities applies with respect to the following months: (A) October 2004. (B) October 2005. (C) October 2006. (D) October 2007. (d) Recomputation of Retired Pay Reductions for Supplemental Survivor Annuities.--The Secretary of Defense shall take such actions as are necessitated by the amendments made by subsection (b) and the requirements of subsection (c)(1)(B) to ensure that the reductions in retired pay under section 1460 of title 10, United States Code, are adjusted to achieve the objectives set forth in subsection (b) of that section. SEC. 3. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING OCTOBER 1, 2004. (a) Persons Not Currently Participating in Survivor Benefit Plan.-- (1) Election of sbp coverage.--An eligible retired or former member may elect to participate in the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, during the open enrollment period specified in subsection (f). (2) Election of supplemental annuity coverage.--An eligible retired or former member who elects under paragraph (1) to participate in the Survivor Benefit Plan at the maximum level may also elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code. (3) Eligible retired or former member.--For purposes of paragraphs (1) and (2), an eligible retired or former member is a member or former member of the uniformed services who on the day before the first day of the open enrollment period is not a participant in the Survivor Benefit Plan and-- (A) is entitled to retired pay; or (B) would be entitled to retired pay under chapter 1223 of title 10, United States Code, but for the fact that such member or former member is under 60 years of age. (4) Status under sbp of persons making elections.-- (A) Standard annuity.--A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(A) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan. (B) Reserve-component annuity.--A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(B) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan. (b) Election To Increase Coverage Under SBP.--A person who on the day before the first day of the open enrollment period is a participant in the Survivor Benefit Plan but is not participating at the maximum base amount or is providing coverage under the Plan for a dependent child and not for the person's spouse or former spouse may, during the open enrollment period, elect to-- (1) participate in the Plan at a higher base amount (not in excess of the participant's retired pay); or (2) provide annuity coverage under the Plan for the person's spouse or former spouse at a base amount not less than the base amount provided for the dependent child. (c) Election for Current SBP Participants To Participate in Supplemental SBP.-- (1) Election.--A person who is eligible to make an election under this paragraph may elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code, as added by section 1404. (2) Persons eligible.--Except as provided in paragraph (3), a person is eligible to make an election under paragraph (1) if on the day before the first day of the open enrollment period the person is a participant in the Survivor Benefit Plan at the maximum level, or during the open enrollment period the person increases the level of such participation to the maximum level under subsection (b) of this section, and under that Plan is providing annuity coverage for the person's spouse or a former spouse. (3) Limitation on eligibility for certain sbp participants not affected by two-tier annuity computation.--A person is not eligible to make an election under paragraph (1) if (as determined by the Secretary concerned) the annuity of a spouse or former spouse beneficiary of that person under the Survivor Benefit Plan will be computed under section 1451(e) of title 10, United States Code. However, such a person may during the open enrollment period waive the right to have that annuity computed under such section. Any such election is irrevocable. A person making such a waiver may make an election under paragraph (1) as in the case of any other participant in the Survivor Benefit Plan. (d) Manner of Making Elections.--An election under this section must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under subsection (a) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code. (e) Effective Date for Elections.--Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned. (f) Open Enrollment Period Defined.--The open enrollment period is the one-year period beginning on October 1, 2004. (g) Effect of Death of Person Making Election Within Two Years of Making Election.--If a person making an election under this section dies before the end of the two-year period beginning on the effective date of the election, the election is void and the amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who would have been the deceased person's beneficiary under the voided election if the deceased person had died after the end of such two-year period. (h) Applicability of Certain Provisions of Law.--The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were made under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. (i) Additional Premium.--The Secretary of Defense may require that the premium for a person making an election under subsection (a)(1) or (b) include, in addition to the amount required under section 1452(a) of title 10, United States Code, an amount determined under regulations prescribed by the Secretary of Defense for the purposes of this subsection. Any such amount shall be stated as a percentage of the base amount of the person making the election and shall reflect the number of years that have elapsed since the person retired, but may not exceed 4.5 percent of that person's base amount. (j) Report Concerning Open Season.--Not later than July 1, 2004, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the open season authorized by this section for the Survivor Benefit Plan. The report shall include the following: (1) A description of the Secretary's plans for implementation of the open season. (2) The Secretary's estimates of the costs associated with the open season, including any anticipated effect of the open season on the actuarial status of the Department of Defense Military Retirement Fund. (3) Any recommendation by the Secretary for further legislative action.

Military Survivor Benefits Improvement Act of 2003 - Adjusts the basic Survivor Benefit Plan (SBP) annuity amount for surviving spouses, age 62 and older, of former military personnel to: (1) 35 percent of the retired pay of the decedent (current law), for months before October 2004; (2) 40 percent for months during FY 2005; (3) 45 percent for months during FY 2006; (4) 50 percent for months during FY 2007; and (5) 55 percent for months after FY 2007. Adjusts similarly percentage amounts with respect to survivors of reserve personnel and survivors of persons who die while on active duty. Provides a corresponding phased elimination of the SBP supplemental annuity authorized to be provided to such surviving spouses. Requires periodic recomputation of: (1) annuity amounts beginning in October 2004; and (2) retired pay reductions for supplemental survivor annuities.Provides a one-year open enrollment period for SBP participation, commencing October 1, 2004, for those currently not participating, those electing to increase current coverage, and those wishing to participate in the supplemental SBP.Authorizes the Secretary of Defense to require appropriate premiums for SBP participation.

To amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, to provide for a one-year open season under that plan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixed Asset Relief Act of 2015''. SEC. 2. BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT. (a) Increase.--Section 168(k)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' and inserting ``100 percent''. (b) Made Permanent.--Section 168(k)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified property.--For purposes of this subsection-- ``(A) In general.--The term `qualified property' means property-- ``(i)(I) to which this section applies which has a recovery period of 20 years or less, ``(II) which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection, ``(III) which is water utility property, or ``(IV) which is qualified leasehold improvement property, and ``(ii) the original use of which commences with the taxpayer. ``(B) Exception for alternative depreciation property.--The term `qualified property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(i) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(ii) after application of section 280F(b) (relating to listed property with limited business use). ``(C) Special rules.-- ``(i) Sale-leasebacks.--For purposes of clause (ii) and subparagraph (A)(ii), if property is-- ``(I) originally placed in service by a person, and ``(II) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(ii) Syndication.--For purposes of subparagraph (A)(ii), if-- ``(I) property is originally placed in service by the lessor of such property, ``(II) such property is sold by such lessor or any subsequent purchaser within 3 months after the date such property was originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), and ``(III) the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date of such last sale. ``(D) Coordination with section 280f.--For purposes of section 280F-- ``(i) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $8,000. ``(ii) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(iii) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2015, the $8,000 amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the automobile price inflation adjustment determined under section 280F(d)(7)(B)(i) for the calendar year in which such taxable year begins by substituting `2014' for `1987' in subclause (II) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100. ``(E) Deduction allowed in computing minimum tax.-- For purposes of determining alternative minimum taxable income under section 55, the deduction under section 167 for qualified property shall be determined without regard to any adjustment under section 56.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.

Fixed Asset Relief Act of 2015 This bill amends the Internal Revenue Code to increase the additional depreciation allowance (bonus depreciation) from 50% to 100% of the adjusted basis of qualifying business property and to make such increased allowance permanent.

Fixed Asset Relief Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act'' or the ``PROSPERS Act''. SEC. 2. DEFINITIONS. Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following: ``(C)(i) The terms `employee pension benefit plan' and `pension plan' do not include an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) established and maintained pursuant to a payroll deduction savings program of a State or qualified political subdivision of a State, provided that-- ``(I) the program is specifically established pursuant to State or qualified political subdivision law; ``(II) the program is implemented and administered by the State or qualified political subdivision establishing the program (or by a governmental agency or instrumentality of either), which is responsible for investing the employee savings or for selecting investment alternatives for employees to choose; ``(III) the State or qualified political subdivision (or governmental agency or instrumentality of either) assumes responsibility for the security of payroll deductions and employee savings, including by requiring that amounts withheld from wages by the employer be transmitted to the program promptly and by providing an enforcement mechanism to assure compliance with this requirement; ``(IV) the State or qualified political subdivision (or governmental agency or instrumentality of either) adopts measures to ensure that employees are notified of their rights under the program, and creates a mechanism for enforcement of those rights; ``(V) participation in the program is voluntary for employees; ``(VI) all rights of the employee, former employee, or beneficiary under the program are enforceable only by the employee, former employee, or beneficiary, an authorized representative of such a person, or by the State or qualified political subdivision (or governmental agency or instrumentality of either); ``(VII) the involvement of the employer is limited to-- ``(aa) collecting employee contributions through payroll deductions and remitting them to the program; ``(bb) providing notice to the employees and maintaining records regarding the employer's collection and remittance of payments under the program; ``(cc) providing information to the State or qualified political subdivision (or governmental agency or instrumentality of either) necessary to facilitate the operation of the program; and ``(dd) distributing program information to employees from the State or qualified political subdivision (or governmental agency or instrumentality of either) and permitting the State or qualified political subdivision (or governmental agency or instrumentality of either) to publicize the program to employees; ``(VIII) the employer contributes no funds to the program and provides no bonus or other monetary incentive to employees to participate in the program; ``(IX) the employer's participation in the program is required by the law of the State law or qualified political subdivision; ``(X) the employer has no discretionary authority, control, or responsibility under the program; and ``(XI) the employer receives no direct or indirect consideration in the form of cash or otherwise, other than consideration (including tax incentives and credits) received directly from the State or qualified political subdivision (or governmental agency or instrumentality of either) that does not exceed an amount that reasonably approximates the employer's (or a typical employer's) costs under the program. ``(ii) A State savings program will not fail to satisfy the requirements of subclauses (I) through (XI) of clause (i) merely because the program-- ``(I) is directed toward those employers that do not offer some other workplace savings arrangement; ``(II) utilizes one or more service or investment providers to operate and administer the program, provided that the State (or governmental agency or instrumentality of the State) retains full responsibility for the operation and administration of the program; or ``(III) treats employees as having automatically elected payroll deductions in an amount or percentage of compensation, including any automatic increases in such amount or percentage, unless the employee specifically elects not to have such deductions made (or specifically elects to have the deductions made in a different amount or percentage of compensation allowed by the program), provided that the employee is given adequate advance notice of the right to make such elections and provided, further, that a program may also satisfy the requirements of such subclauses (I) through (XI) without requiring or otherwise providing for automatic elections such as those described in this subclause. ``(iii) For purposes of this subparagraph, the term ``qualified political subdivision'' means any governmental unit of a State, including a city, county, or similar governmental body, that-- ``(I) has the authority, implicit or explicit, under State law to require employers' participation in the program as described in clause (i); and ``(II) at the time of the establishment of the political subdivision's payroll deduction savings program-- ``(aa) has a population equal to or greater than the population of the least populated State (excluding the District of Columbia and territories listed in paragraph (10)); ``(bb) has no geographic overlap with any other political subdivision that has enacted a mandatory payroll deduction savings program for private-sector employees and is not located in a State that has enacted such a program statewide; and ``(cc) has implemented and administers a plan, fund, or program that provides retirement income to its employees, or results in a deferral of income by its employees for periods extending to the termination of covered employment or beyond. ``(iv) For purposes of clause (i)(III), amounts withheld from an employee's wages by the employer are deemed to be transmitted promptly if such amounts are transmitted to the program as of the earliest date on which such contributions can reasonably be segregated from the employer's general assets, but in no event later than the last day of the month following the month in which such amounts would otherwise have been payable to the employee in cash.''.

Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act or the PROSPERS Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to specify that states and certain political subdivisions may establish and administer voluntary payroll deduction retirement savings programs for private sector employees that are not considered employee pension benefit plans or pension plans covered by ERISA if the plans meet certain requirements. The bill requires the plans to be established, implemented, and administered by states or political subdivisions. The plans must also be voluntary for employees and meet other specified requirements, including restrictions on the involvement of employers and obligations to enforce the rights of employees.

Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act

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

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

Houthis and Iran Sanctions Accountability Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Skilled Workforce Enhancement Act of 1998''. SEC. 2. CREDIT FOR EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED METALWORKING TRADES. (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. EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED METALWORKING TRADES. ``(a) General Rule.--For purposes of section 38, the highly skilled metalworking trades training credit determined under this section is an amount equal to 80 percent of the training expenses paid or incurred by the taxpayer during the training period with respect to each qualified trained employee of the taxpayer. Twenty percent of the credit determined under the preceding sentence shall be taken into account under section 38 for each of the first 5 taxable years after the taxable year in which the training period ends. ``(b) Limitations.-- ``(1) Maximum credit per employee.--The total amount of credit determined under this section with respect to each qualified trained employee for all taxable years shall not exceed $100,000. ``(2) Employer must be small employer.--Training expenses may be taken into account under subsection (a) only if the taxpayer is a small employer for the taxable year in which such expenses are paid or incurred. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified trained employee.-- ``(A) In general.--The term `qualified trained employee' means any employee (or former employee) of the taxpayer if-- ``(i) the employee received at least 8,000 hours of training (including on-the-job training) from the taxpayer (or any predecessor) during the training period as an apprentice in any highly skilled metalworking trade, and ``(ii) the employee is employed by the taxpayer in a journeyman capacity in any highly skilled metalworking trade on a full-time basis throughout at least the 1-year period beginning at the end of such employee's training period. ``(B) Highly skilled metalworking trades.--For purposes of subparagraph (A), the term `highly skilled metalworking trades' means the trades traditionally recognized as such, including precision machinists, die makers, mold makers, and tool and die designers in the tooling and machining industry. ``(2) Training expenses.-- ``(A) In general.--The term `training expenses' means wages paid or incurred to an employee of the taxpayer for services performed in a highly skilled metalworking trade while the employee is an apprentice in such trade. ``(B) Wages.--The term `wages' has the meaning given such term by section 3401(a). ``(3) Training period.--The term `training period' means the period of 4 years beginning on the date that the employee begins employment with the taxpayer as an apprentice in a highly skilled metalworking trade. ``(4) Small employer.-- ``(A) In general.--The term `small employer' means, with respect to any taxable year, any employer who employed an average of 500 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(d) Coordination With Other Credits.--Wages taken into account under subsection (a) shall not be taken into account in determining the credits under sections 51(a) and 1396(a).''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the highly skilled metalworking trades training credit determined under section 45D(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Training Expenses for Employees in Highly Skilled Metalworking Trades.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45D(a).''. (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. 45D. Expenses for training employees in highly skilled metalworking trades.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act in taxable years ending after such date.

Skilled Workforce Enhancement Act of 1998 - Amends the Internal Revenue Code to provide small employers with an income tax credit for certain long-term training of employees in highly skilled metalworking trades.

Skilled Workforce Enhancement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Fuel Standard Act of 2009'' or the ``OFS Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The status of oil as a strategic commodity, which derives from its domination of the transportation sector, presents a clear and present danger to the United States; (2) in a prior era, when salt was a strategic commodity, salt mines conferred national power and wars were fought over the control of such mines; (3) technology, in the form of electricity and refrigeration, decisively ended salt's monopoly of meat preservation and greatly reduced its strategic importance; (4) fuel competition and consumer choice would similarly serve to end oil's monopoly in the transportation sector and strip oil of its strategic status; (5) the current closed fuel market has allowed a cartel of petroleum exporting countries to inflate fuel prices, effectively imposing a harmful tax on the economy of the United States; (6) much of the inflated petroleum revenues the oil cartel earns at the expense of the people of the United States are used for purposes antithetical to the interests of the United States and its allies; (7) alcohol fuels, including ethanol and methanol, could potentially provide significant supplies of additional fuels that could be produced in the United States and in many other countries in the Western Hemisphere that are friendly to the United States; (8) alcohol fuels can only play a major role in securing the energy independence of the United States if a substantial portion of vehicles in the United States are capable of operating on such fuels; (9) it is not in the best interest of United States consumers or the United States Government to be constrained to depend solely upon petroleum resources for vehicle fuels if alcohol fuels are potentially available; (10) existing technology, in the form of flexible fuel vehicles, allows internal combustion engine cars and trucks to be produced at little or no additional cost, which are capable of operating on conventional gasoline, alcohol fuels, or any combination of such fuels, as availability or cost advantage dictates, providing a platform on which fuels can compete; (11) the necessary distribution system for such alcohol fuels will not be developed in the United States until a substantial fraction of the vehicles in the United States are capable of operating on such fuels; (12) the establishment of such a vehicle fleet and distribution system would provide a large market that would mobilize private resources to substantially advance the technology and expand the production of alcohol fuels in the United States and abroad; (13) the United States has an urgent national security interest to develop alcohol fuels technology, production, and distribution systems as rapidly as possible; (14) new cars sold in the United States that are equipped with an internal combustion engine should allow for fuel competition by being flexible fuel vehicles, and new diesel cars should be capable of operating on biodiesel; and (15) such an open fuel standard would help to protect the United States economy from high and volatile oil prices and from the threats caused by global instability, terrorism, and natural disaster. SEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION. Chapter 329 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION. ``(a) Definitions.--In this section: ``(1) E85.--The term `E85' means a fuel mixture containing 85 percent ethanol and 15 percent gasoline by volume. ``(2) Flexible fuel automobile.--The term `flexible fuel automobile' means an automobile that has been warranted by its manufacturer to operate on gasoline, E85, and M85. ``(3) Fuel choice-enabling automobile.--The term `fuel choice-enabling automobile' means-- ``(A) a flexible fuel automobile; or ``(B) an automobile that has been warranted by its manufacturer to operate on biodiesel. ``(4) Light-duty automobile.--The term `light-duty automobile' means-- ``(A) a passenger automobile; or ``(B) a non-passenger automobile. ``(5) Light-duty automobile manufacturer's annual covered inventory.--The term `light-duty automobile manufacturer's annual covered inventory' means the number of light-duty automobiles powered by an internal combustion engine that a manufacturer, during a given calendar year, manufactures in the United States or imports from outside of the United States for sale in the United States. ``(6) M85.--The term `M85' means a fuel mixture containing 85 percent methanol and 15 percent gasoline by volume. ``(b) Open Fuel Standard for Transportation.-- ``(1) In general.--Except as provided in paragraph (2), each light-duty automobile manufacturer's annual covered inventory shall be comprised of-- ``(A) not less than 50 percent fuel choice-enabling automobiles in 2012, 2013, and 2014; and ``(B) not less than 80 percent fuel choice-enabling automobiles in 2015, and in each subsequent year. ``(2) Temporary exemption from requirements.-- ``(A) Application.--A manufacturer may request an exemption from the requirement described in paragraph (1) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. ``(B) Evaluation.--After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light- duty automobile from the requirement described in paragraph (1) if the Secretary determines that unavoidable events that are not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of fuel choice-enabling automobiles, including-- ``(i) a disruption in the supply of any component required for compliance with the regulations; ``(ii) a disruption in the use and installation by the manufacturer of such component; or ``(iii) the failure for plug-in hybrid electric automobiles to meet State air quality requirements as a result of the requirement described in paragraph (1). ``(C) Consolidation.--The Secretary may consolidate applications received from multiple manufactures under subparagraph (A) if they are of a similar nature. ``(D) Conditions.--Any exemption granted under subparagraph (B) shall be conditioned upon the manufacturer's commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. ``(E) Notice.--The Secretary shall publish in the Federal Register-- ``(i) notice of each application received from a manufacturer; ``(ii) notice of each decision to grant or deny a temporary exemption; and ``(iii) the reasons for granting or denying such exemptions. ``(c) Limited Liability Protection for Renewable Fuel and Ethanol Manufacture, Use, or Distribution.-- ``(1) In general.--Notwithstanding any other provision of Federal or State law, any fuel containing ethanol or a renewable fuel (as defined in section 211(o)(1) of the Clean Air Act) that is used or intended to be used to operate an internal combustion engine shall not be deemed to be a defective product or subject to a failure to warn due to such ethanol or renewable fuel content unless such fuel violates a control or prohibition imposed by the Administrator under section 211 of the Clean Air Act (42 U.S.C. 7545). ``(2) Savings provision.--Nothing in this subsection may be construed to affect the liability of any person other than liability based upon a claim of defective product and failure to warn described in paragraph (1). ``(d) Rulemaking.--Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation shall promulgate regulations to carry out this section.''.

Open Fuel Standard Act of 2009 or the OFS Act - Requires each light-duty automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines "fuel choice-enabling automobile" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation. Extends limited liability protection to the use of fuel containing ethanol or renewable fuel in the operation of internal combustion engines by declaring that such fuel shall not be deemed to be a defective product or subject to a failure to warn due to such ethanol or renewable fuel content, unless it violates a control or prohibition imposed under the Clean Air Act.

A bill to require automobile manufacturers to ensure that not less than 80 percent of the automobiles manufactured or sold in the United States by each such manufacturer to operate on fuel mixtures containing 85 percent ethanol, 85 percent methanol, or biodiesel.

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

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Legacy IRA Act''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Paragraph (8) of section 408(d) of the Internal Revenue Code of 1986 (relating to tax treatment of distributions) is amended to read as follows: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Limitations.-- ``(i) In general.--The aggregate amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed $400,000. ``(ii) Organization and entity specific limitations.--The amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed-- ``(I) $100,000, in the case of any distribution described in subparagraph (C)(i)(I), and ``(II) $400,000, in the case of any distribution described in subparagraph (C)(i)(II). ``(C) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to a specified charitable organization, or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\1/2\, and ``(II) in the case of any distribution described in clause (i)(II), age 65. ``(D) Special rules relating to distributions.--For purposes of this paragraph-- ``(i) Distribution must be otherwise includible.--A distribution from an individual retirement account shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A). ``(ii) Limitation on income interests.--A distribution from an individual retirement account to a split-interest entity may only be treated as a qualified charitable distribution if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(iii) Contributions must be otherwise deductible.--A distribution from an individual retirement account to a specified charitable organization may be treated as a qualified charitable distribution only if-- ``(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and ``(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(E) Specified charitable organization defined.-- For purposes of this paragraph, the term `specified charitable organization' means an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)). ``(F) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by a qualified charitable distribution, ``(ii) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by one or more qualified charitable distributions, or ``(iii) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by a qualified charitable distribution and commences fixed payments of 5 percent or greater not later than one year from date of funding. ``(G) Special rules.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in clause (i) or (ii) of subparagraph (F) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c). ``(iii) Application of section 72.-- Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during the taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(iv) Determining deduction under section 170.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(v) Required minimum distributions.--The entire amount of a qualified charitable distribution shall be taken into account for purposes of section 401(a)(9). ``(H) Termination with respect to split-entities.-- Subparagraph (A) shall not apply to a distribution to a split-interest entity after December 31, 2020.''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act.

Legacy IRA Act This bill amends the Internal Revenue Code to expand the tax exclusion for distributions from individual retirement accounts (IRAs) for charitable purposes. The bill increases from $100,000 to $400,000 the annual limit on the aggregate amount of distributions for charitable purposes that may be excluded from the gross income of a taxpayer. The bill permits tax-free distributions from IRAs to a split-interest entity until December 31, 2020. A split-interest entity is exclusively funded by charitable distributions and includes: a charitable remainder annuity trust, a charitable remainder unitrust, or a charitable gift annuity. A charitable gift annuity must commence fixed payments of at least 5% no later than one year from the date of funding. A distribution to a split-interest entity may only be treated as a qualified charitable distribution if: (1) no person holds an income interest in the entity other than the individual for whose benefit the account is maintained, the spouse of such individual, or both; and (2) the income interest in the entity is nonassignable. The bill limits the exclusion annually to: $100,000 for distributions to charitable organizations, and $400,000 for distributions to split-interest entities. Tax-free distributions to a split-interest entity may be made when the account beneficiary attains age 65. (Under current law, the beneficiary must attain the age of 70-1/2 for IRA distributions to a charitable organization.)

Legacy IRA Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Financial Literacy and Economic Opportunity Act of 2015''. SEC. 2. TAX CREDIT FOR PROVIDING PROGRAMS FOR STUDENTS THAT PROMOTE ECONOMIC AND FINANCIAL LITERACY. (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. 45S. EXCELLENCE IN ECONOMIC EDUCATION. ``(a) General Rule.--In the case of an eligible for profit organization, for purposes of section 38, the excellence in economic education credit determined under this section for a taxable year is 50 percent of the amount paid or incurred during the taxable year to carry out the purposes specified in section 5533(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b(b)) pursuant to a qualified program. ``(b) Limitation on Number of Credit Recipients.-- ``(1) In general.--The excellence in economic education credit determined under this section for a taxable year may be allowed to not more than 20 for profit organizations in accordance with paragraph (2). ``(2) Credit award by secretary.-- ``(A) In general.--The Secretary (in consultation with the Secretary of Education) shall determine which for profit organizations are allowed the credit under this section for a taxable year in such manner as the Secretary determines appropriate. ``(B) Majority of recipients must be mwosbs, owned by veterans, or meet asset test.--In carrying out subparagraph (A), the majority of the taxpayers allowed a credit under paragraph (1) for a taxable year shall be entities that are-- ``(i) either-- ``(I) a socially and economically disadvantaged small business concern (as defined in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A))), ``(II) a small business concern owned and controlled by women (as defined under section 3(n) of such Act (15 U.S.C. 632(n))), or ``(III) a small business concern (as so defined) that is at least 51 percent owned by veterans (as defined in section 101(2), United States Code), or ``(ii) on the first day of the taxable year do not have more than $60,000,000,000 in assets. ``(C) Priority.--In making determinations under this paragraph, the Secretary shall give priority to taxpayers that have qualified programs which serve either urban or rural underserved areas (determined on the basis of the most recent United States census data available). ``(c) Limitations Relating to Expenditures.-- ``(1) Direct activity.--25 percent of the amount allowed as a credit under subsection (a) shall be for amounts paid or incurred for direct activities (as defined in section 5533(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b(b)(1))). ``(2) Subgrants.--75 percent of the amount allowed as a credit under subsection (a) shall be for amounts paid or incurred for subgrants (as defined in section 5533(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b(b)(1))), determined by treating amounts so paid or incurred as funds made available through a grant. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified program.--The term `qualified program' means a program in writing under which an eligible for profit organization awards one or more grants for the purpose of carrying out the objectives of promoting economic and financial literacy, as specified in section 5532 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267a), that meet the requirements of section 5533b of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b). ``(2) Eligible for profit organization.--The term `eligible for profit organization' means with respect to a taxable year, an organization that-- ``(A) has a qualified program in effect for the taxable year, and ``(B) has been determined by the Secretary under subsection (b)(2) to be an organization to whom the credit is allowed for the taxable year. ``(3) Determination of assets.--For purposes of paragraph (2)(B), in determining assets, the Secretary shall use the same method used by the Board of Governors of the Federal Reserve System to determine a bank holding company's consolidated assets under section 165 of the Financial Stability Act of 2010 (12 U.S.C. 5365). ``(4) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(5) Coordination with other deductions or credits.--The amount of any deduction or credit otherwise allowable under this chapter for any amount taken into account for purposes of subsection (a) shall be reduced by the credit allowed by this section. ``(e) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the excellence in economic education credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Excellence in economic education.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Promoting Financial Literacy and Economic Opportunity Act of 2015 This bill amends the Internal Revenue Code to allow up to 20 for-profit organizations in any taxable year a business-related tax credit for 50% of the amount paid or incurred to carry out activities to improve the quality of student understanding of personal finance and economics. The Department of the Treasury shall determine which for-profit organizations are eligible for the credit, ensuring that a majority of credit recipients are: (1) either a socially and economically disadvantaged small business concern, a small business concern owned and controlled by women, or a small business concern that is at least 51% owned by veterans, or (2) do not have more than $60 billion in assets. In determining the eligibility of a for-profit organization, Treasury shall give priority to organizations that have programs serving either urban or rural underserved areas.

Promoting Financial Literacy and Economic Opportunity Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Old Mint Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) The Granite Lady played an important role in the history of the Nation. (2) The San Francisco Mint was established pursuant to an Act of Congress of July 3, 1852, to convert miners' gold from the California gold rush into coins. (3) The San Francisco Old Mint Building was designed by architect A.B. Mullett, who also designed the United States Treasury Building and the Old Executive Office Building. (4) The solid construction of the Granite Lady enabled it to survive the 1906 San Francisco earthquake and fire, making it the only financial institution that was able to operate immediately after the earthquake as the treasury for disaster relief funds for the city of San Francisco. (5) Coins struck at the San Francisco Old Mint are distinguished by the ``S'' mint mark. (6) The San Francisco Old Mint is famous for having struck many rare, legendary issues, such as the 1870-S $3 coin, which is valued today at well over $1,000,000, and the 1894-S dime which is comparatively rare. (7) The San Francisco Old Mint Commemorative Coin will be the first commemorative coin to honor a United States mint. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--Notwithstanding any other provision of law, and in commemoration of the San Francisco Old Mint, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the San Francisco Old Mint Building, its importance to California and the history of the United States, and its role in rebuilding San Francisco after the 1906 earthquake and fire. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts, and the Board of the San Francisco Museum and Historical Society; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--The coins authorized under this Act shall be struck at the San Francisco Mint to the greatest extent possible. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the San Francisco Museum and Historical Society for use for the purposes of rehabilitating the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum. (c) Audits.--The San Francisco Museum and Historical Society shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. TECHNICAL CORRECTION. Notwithstanding the fifth sentence of section 5112(d)(1) of title 31, United States Code, the Secretary of the Treasury may continue to issue, after December 31, 2005, numismatic items that contain 5-cent coins minted in the years 2004 and 2005. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. Sets forth: (1) coin specifications; (2) design requirements; and (3) guidelines for coin sales. Requires a surcharge of $35 for the $5 coin and of $10 for the $1 coin. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society to rehabilitate the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum. Prohibits a surcharge with respect to the issuance of any coin under this Act during a calendar year if such issuance would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation under specified law. Permits the Secretary of the Treasury to continue to issue, after December 31, 2005, numismatic items that contain 5-cent coins minted in the years 2004 and 2005.

To require the Secretary of the Treasury to mint coins in commemoration of the Old Mint at San Francisco, otherwise known as the "Granite Lady", and for other purposes.

SECTION 1. WHISTLEBLOWER PROTECTION. (a) Definitions.--In this section: (1) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102 of title 49, United States Code. (2) Covered proceeding.--The term ``covered proceeding'' means a proceeding conducted by the Secretary of Transportation or the Administrator of the Federal Aviation Administration to carry out a function of the Department of Transportation. (3) Employee.--The term ``employee'' means-- (A) an applicant that applies for employment by an air carrier, employee, or former employee of an air carrier; and (B) includes a contractor or subcontractor of the Federal Aviation Administration carrying out a function of the Department of Transportation or of a contractor or subcontractor of an air carrier. (4) Related action.--The term ``related action'' means the actions of an employee to-- (A) notify an employer or the Secretary of Transportation of an alleged violation of title 49, United States Code; (B) refuse to engage in any practice that the employee reasonably believes constitutes a violation of law (including a rule or regulation); (C) testified before Congress or at any Federal or State proceeding regarding any provision of title 49, United States Code; (D) commences, acts with the intention of commencing, or causes to be commenced a proceeding under title 49, United States Code; (E) testified or is about to testify in any such proceeding; or (F) assisted or participated or is about to participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of title 49, United States Code. (b) Whistleblower Protection.-- (1) Limitation on liability.--No employee shall be liable by reason of an activity described in subparagraph (A), (B), or (C) of paragraph (2). (2) Employees described.--An employee described in this paragraph is an employee who, in a manner consistent with applicable law-- (A) commences, acts with the intention of commencing, or causes to be commenced a covered proceeding; (B) testifies or acts with the intention of testifying at a covered proceeding or with respect to a related action; (C) assists with or participates in or acts with the intention of assisting or participating in a covered proceeding; or (D) carries out a related action. (3) Refusal to violate law.--No employee shall be liable for refusing to violate or assist in the violation of any law (including any rule or regulation) in the course of employment, if the refusal is based on a reasonable belief that the law would be violated. (4) Prohibition on discrimination.--No air carrier, contractor, or subcontractor covered under this section may discriminate against an employee described in paragraph (2). (c) Procedures and Penalties.-- (1) Filing of complaints and procedures.-- (A) In general.--An employee alleging discrimination (including discharge, discipline, or reassignment) in violation of subsection (b) or another person at the employee's request, may file a complaint with the Secretary of Labor not later than 180 days after the alleged violation occurs. (B) Procedures.-- (i) In general.--The Secretary of Labor may issue a subpoena for the attendance and testimony of any person and the production of documentary or other evidence from any person if the testimony or production requested is not unduly burdensome and appears reasonably calculated to lead to the discovery of admissible evidence. (ii) Procedures.--Subject to paragraph (4), in carrying out this subsection, the Secretary of Labor shall, with respect to a complaint described in subparagraph (A), use the same procedures for filing complaints, conducting investigations, holding hearings, and issuing orders as are applicable to drivers of commercial motor vehicles under section 31105(b) of title 49, United States Code. (C) Burden of proof.-- (i) In general.--The Secretary of Labor shall dismiss a complaint filed under subparagraph (A), and shall not conduct the investigation or provide relief after completion of the procedures required under subparagraph (B), unless the complainant has made a prima facie showing that any behavior described in subsection (b) (2) or (3) was a contributing factor in the discrimination (including discharge or discipline) alleged in the complaint. (ii) Demonstration by employer.-- Notwithstanding a finding by the Secretary that the complainant has made a showing required under clause (i), no investigation required or relief available under subparagraph (B) shall be carried out or made available if the employer demonstrates, by clear and convincing evidence, that it would have taken the same unfavorable personnel action for legitimate, independent reasons in the absence of such behavior. (D) Penalties.--The penalties contained in section 31105(b) of title 49, United States Code, shall apply to persons who violate subsection (b) of this section in the same manner as those penalties apply to persons who violate section 31105(a) of title 49, United States Code. (2) Judicial review and venue.--A person adversely affected by an order issued pursuant to paragraph (1)(B) may seek judicial review in the same manner as is prescribed in section 31105(c) of title 49, United States Code. The court in issuing any final order under this paragraph may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. (3) Civil actions.--If a person fails to comply with an order issued pursuant to paragraph (1), the Secretary of Labor shall bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. (4) Alternative procedures.--Upon filing a complaint under this subsection, with the mutual consent of the parties, the Secretary of Labor may provide for mediation or arbitration in a manner consistent with applicable law, in lieu of conducting a hearing and issuing an order under the procedures contained in section 31105(b) of title 49, United States Code. SEC. 2. WHISTLEBLOWER PROTECTION FOR FAA EMPLOYEES. Section 347(b)(1) of the Department of Transportation and Related Agencies Appropriations Act, 1996 (49 U.S.C. 106 note; 109 Stat. 460) is amended by inserting before the semicolon at the end the following: ``, including the provisions for investigation, adjudication, and enforcement as provided for in chapters 12 and 77 of title 5, United States Code''. SEC. 3. PROTECTION AGAINST OVERBROAD RESTRICTIONS ON DISCLOSURES. (a) Prohibition.-- (1) In general.--No employer may spend funds to implement or enforce the agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following statement: ``These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, (governing disclosures to Congress by members of the military); section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosures which may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by such Executive order and such provisions are incorporated into this Agreement and are controlling.''. (2) Intelligence activities.--Notwithstanding the paragraph (1), a nondisclosure policy, form, or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the United States Government. (3) Violations of law.--Nondisclosure agreements or forms described in paragraph (1) shall clarify that such agreements do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. (b) Civil Actions.--An employee, former employee, or applicant for employment to which this section applies may, with respect to an action for a violation of section 7211 or 7212 of title 49, United States Code, that is taken, threatened, or proposed to be taken against such employee, former employee, or applicant for employment, bring a civil action for a jury trial in the appropriate district court of the United States for relief. (c) Procedures.--In any action brought under subsection (b)-- (1) the matter shall be reviewed de novo by the court; and (2) the proceeding shall be governed by the legal burdens of proof in sections 1214(b)(4)(B) and 1221(e) of title 5, United States Code.

Provides for whistleblower protections for airline employees. (Sec. 1) Declares that no airline employee (including a contractor or subcontractor of the Federal Aviation Administration (FAA) or of an air carrier) shall be liable: (1) for commencing, testifying at, or participating in, a proceeding conducted by the Secretary of Transportation or the Administrator of the FAA or a related action; or (2) for refusing to violate or assist in the violation of any law or regulation in the course of employment, if such refusal is based on a reasonable belief that the law would be violated. Prohibits an air carrier, contractor, or subcontractor from discriminating against such an employee. Sets forth Department of Labor complaint procedures for employees alleging discrimination (including discharge, discipline, or reassignment) in violation of this Act. Sets forth civil penalties for violation of such employee protections. Provides for judicial review for persons adversely affected by an order issued by the Secretary of Labor. (Sec. 2) Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to provide for the investigation, adjudication, and enforcement of whistleblower protections for FAA employees. (Sec. 3) Prohibits an employer from spending funds to implement or enforce certain agreements in Standard Forms 312 and 4355 of the Federal Government or any other nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain certain statements regarding employee protections with respect to certain disclosures. Authorizes a nondisclosure policy, form, or agreement that is executed by a person connected with the conduct of an intelligence or intelligence-related activity (other than a Government employee or officer) to contain provisions appropriate to the particular activity for which such document is to be used. Requires such agreement, at a minimum, to require that the person will not disclose classified information received in the course of such activity unless specifically authorized to do so by the Government. Requires such nondisclosure agreements to clarify that they do not bar disclosures to the Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. Authorizes an airline employee, former employee, or applicant for employment that has been discriminated against in violation of certain whistleblower protections to bring a civil action for relief in the appropriate U.S. district court.

A bill to protect employees of air carriers who serve as whistleblowers under applicable Federal law, or who refuse to violate an applicable law, and for other purposes.

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

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

Pay Stub Disclosure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Grain Standards Act Reauthorization Act of 2015''. SEC. 2. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT. (a) Official Inspection and Weighing Requirements.-- (1) Weighing requirements at export elevators.--Section 5(a)(2) of the United States Grain Standards Act (7 U.S.C. 77(a)(2)) is amended in the proviso by striking ``intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge,'' and inserting ``shipments of grain into an export elevator by any mode of transportation''. (2) Disruption in grain inspection or weighing.--Section 5 of the United States Grain Standards Act (7 U.S.C. 77) is amended by adding at the end the following: ``(d) Disruption in Grain Inspection or Weighing.--In the case of a disruption in official grain inspections or weighings, including if the Secretary waives the requirement for official inspection due to an emergency under subsection (a)(1), the Secretary shall-- ``(1) immediately take such actions as are necessary to address the disruption and resume inspections or weighings; ``(2) not later than 24 hours after the start of the disruption in inspection or weighing, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes-- ``(A) the disruption; and ``(B) any actions necessary to address the concerns of the Secretary relating to the disruption so that inspections or weighings may resume; and ``(3) once the initial report in paragraph (2) has been made, provide daily updates until official inspection or weighing services at the site of disruption have resumed.''. (b) Official Inspection Authority and Funding.-- (1) Delegation of official inspection authority.--Section 7(e)(2) of the United States Grain Standards Act (7 U.S.C. 79(e)(2)) is amended-- (A) by striking ``(2) If the Secretary'' and inserting the following: ``(2) Delegation of authority to state agencies.-- ``(A) In general.--If the Secretary''; (B) in the first sentence-- (i) by striking ``and (A)'' and inserting ``and (i)''; (ii) by striking ``or (B)(i)'' and inserting ``or (ii)(I)''; (iii) by striking ``(ii)'' and inserting ``(II)''; and (iv) by striking ``(iii)'' and inserting ``(III)''; and (C) by adding at the end the following: ``(B) Certification.-- ``(i) In general.--Every 5 years, the Secretary shall certify that each State agency with a delegation of authority is meeting the criteria described in subsection (f)(1)(A). ``(ii) Process.--Not later than 1 year after the date of enactment of the United States Grain Standards Act Reauthorization Act of 2015, the Secretary shall establish a process for certification under which the Secretary shall-- ``(I) publish in the Federal Register notice of intent to certify a State agency and provide a 30-day period for public comment; ``(II) evaluate the public comments received and, in accordance with paragraph (3), conduct an investigation to determine whether the State agency is qualified; ``(III) make findings based on the public comments received and investigation conducted; and ``(IV) publish in the Federal Register a notice announcing whether the certification has been granted and describing the basis on which the Secretary made the decision. ``(C) State agency requirements.-- ``(i) In general.--If a State agency that has been delegated authority under this paragraph intends to temporarily discontinue official inspection or weighing services for any reason, except in the case of a major disaster, the State agency shall notify the Secretary in writing of the intention of the State agency to do so at least 72 hours in advance of the discontinuation date. ``(ii) Secretarial consideration.--The Secretary shall consider receipt of a notice described in clause (i) as a factor in administering the delegation of authority under this paragraph.''. (2) Consultation.--Section 7(f)(1) of the United States Grain Standards Act (7 U.S.C. 79(f)(1)) is amended-- (A) in subparagraph (A)(xi), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) the Secretary-- ``(i) periodically conducts a consultation with the customers of the applicant, in a manner that provides opportunity for protection of the identity of the customer if desired by the customer, to review the performance of the applicant with regard to the provision of official inspection services and other requirements of this Act; and ``(ii) works with the applicant to address any concerns identified during the consultation process.''. (3) Duration of designation authority.--Section 7(g)(1) of the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is amended by striking ``triennially'' and inserting ``every 5 years''. (4) Fees.--Section 7(j) of the United States Grain Standards Act (7 U.S.C. 79(j)(1)) is amended-- (A) by striking ``(j)(1) The Secretary'' and inserting the following: ``(j) Fees.-- ``(1) Inspection fees.-- ``(A) In general.--The Secretary''; (B) in paragraph (1)-- (i) the second sentence, by striking ``The fees'' and inserting the following: ``(B) Amount of fees.--The fees''; (ii) in the third sentence, by striking ``Such fees'' and inserting the following: ``(C) Use of fees.--Fees described in this paragraph''; and (iii) by adding at the end the following: ``(D) Export tonnage fees.--For an official inspection at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.''; (C) by redesignating paragraph (4) as paragraph (5); (D) by inserting after paragraph (3) the following: ``(4) Adjustment of fees.--In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.''; and (E) in paragraph (5) (as redesignated by subparagraph (C)), in the first sentence, by striking ``2015'' and inserting ``2020''. (c) Weighing Authority.--Section 7A of the United States Grain Standards Act (7 U.S.C. 79a) is amended-- (1) in subsection (c)(2), in the last sentence, by striking ``subsection (g) of section 7'' and inserting ``subsections (e) and (g) of section 7''; and (2) in subsection (l)-- (A) by striking ``(l)(1) The Secretary'' and inserting the following: ``(l) Fees.-- ``(1) Weighing fees.-- ``(A) In general.--The Secretary''; (B) in paragraph (1)-- (i) the second sentence, by striking ``The fees'' and inserting the following: ``(B) Amount of fees.--The fees''; (ii) in the third sentence, by striking ``Such fees'' and inserting the following: ``(C) Use of fees.--Fees described in this paragraph''; and (iii) by adding at the end the following: ``(D) Export tonnage fees.--For an official weighing at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes.''; (C) by redesignating paragraph (3) as paragraph (4); (D) by inserting after paragraph (2) the following: ``(3) Adjustment of fees.--In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually.''; and (E) in paragraph (4) (as redesignated by subparagraph (C)), in the first sentence, by striking ``2015'' and inserting ``2020''. (d) Limitation and Administrative and Supervisory Costs.--Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended by striking ``2015'' and inserting ``2020''. (e) Issuance of Authorization.--Section 8(b) of the United States Grain Standards Act (7 U.S.C. 84(b)) is amended by striking ``triennially'' and inserting ``every 5 years''. (f) Appropriations.--Section 19 of the United States Grain Standards Act (7 U.S.C. 87h) is amended by striking ``2015'' and inserting ``2020''. (g) Advisory Committee.--Section 21(e) of the United States Grain Standards Act (7 U.S.C. 87j(e)) is amended by striking ``2015'' and inserting ``2020''. SEC. 3. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN EXPORTS. Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate, and the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives a report that describes-- (1) the specific factors that led to disruption in Federal inspection of grain exports at the Port of Vancouver in the summer of 2014; (2) any factors that contributed to the disruption referred to in paragraph (1) that were unique to the Port of Vancouver, including a description of the port facility, security needs and available resources for that purpose, and any other significant factors as determined by the Secretary; and (3) any changes in policy that the Secretary has implemented to ensure that a similar disruption in Federal inspection of grain exports at the Port of Vancouver or any other location does not occur in the future. SEC. 4. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS. Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the United States Trade Representative, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes-- (1) the policy barriers to United States grain producers in countries the grain of which receives official grading in the United States but which do not offer official grading for United States grain or provide only the lowest designation for United States grain, including an analysis of possible inconsistencies with trade obligations; and (2) any actions the Executive Branch is taking to remedy the policy barriers so as to put United States grain producers on equal footing with grain producers in countries imposing the barriers.

. United States Grain Standards Act Reauthorization Act of 2015 This bill reauthorizes and amends provisions of the United States Grain Standards Act. The Act authorizes the Department of Agriculture (USDA) to establish official marketing standards for grains, and to provide procedures for grain inspection and weighing. The bill reauthorizes several expiring provisions through FY2020, establishes procedures in the event of an interruption of inspection and weighing services, revises the process for delegating inspections to state agencies, and revises fees for inspection and weighing services. (Sec. 2) The bill provides that transfers of grain into an export elevator by any mode of transportation are not required to be officially weighed. In the case of a disruption in official grain inspection or weighing services, the bill requires USDA to immediately take the actions necessary to address the disruption and resume services. USDA must also report to Congress on the disruption and provide daily updates until services have resumed. The bill ends the permanent delegation to state agencies to carry out export inspection and weighing services. Every five years, USDA must certify that each state agency with a delegation of authority is meeting specified criteria. The certification process must include public notice and a comment period. State agencies that have been delegated authority and intend to temporarily discontinue official inspection or weighing services, except in the case of a major disaster, must notify USDA in advance. In order to review the performance of states, local agencies, and individuals that have applied to perform official inspections other than at export port locations, USDA must periodically consult with customers of the applicant and work with the applicant to address any concerns. The bill extends the duration of licenses for inspectors from three to five years. Designations of official agencies terminate at a time specified by USDA that is no later than every five years. The bill changes the fee calculation for inspection and weighing services and extends the authority to collect fees through FY2020. The bill extends the limitation on total administrative and supervisory costs, the authorization of appropriations, and the authorization of the advisory committee through FY2020. (Sec. 3) USDA must report to Congress on the disruption in federal inspection of grain exports at the Port of Vancouver in the summer of 2014. The report must include factors that led or contributed to the disruption and changes in policy USDA has implemented to ensure that a similar disruptions does not occur in the future. (Sec. 4) USDA must report to Congress on policy barriers to U.S. grain producers in countries that: (1) produce grain that receives official grading in the United States, and (2) do not offer official grading for U.S. grain or provide only the lowest designation for U.S. grain.

United States Grain Standards Act Reauthorization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Obamacare Marriage Penalty Elimination Act''. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN HEALTH INSURANCE PREMIUM TAX CREDIT. (a) In General.--Section 36B(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Elimination of marriage penalty.--In the case of a joint return-- ``(A) Credit determined separately with respect to each spouse.--The credit allowed under this section shall be sum of the two credits determined under this section separately with respect to each spouse (as provided under this subparagraph). ``(B) Treatment of income of spouses.-- ``(i) In general.--Except as provided in clause (ii), each spouse shall take into account the income of such spouse for purposes of this section. ``(ii) Income split not to result in ineligibility for credit for either spouse.-- If-- ``(I) the poverty line with respect to a spouse (determined after application of this paragraph but without regard to this clause) exceeds the income taken into account by such spouse for purposes of this section (as so determined), and ``(II) the income taken into account by the other spouse for purposes of this section (as so determined) exceeds the sum of the poverty line with respect to such other spouse (as so determined) plus the excess described in subclause (I), the excess described in subclause (I) shall be taken into account as income of the spouse referred to in subclause (I) and not as income of the spouse referred to in subclause (II). ``(C) Treatment of dependents.-- ``(i) In general.--Except as provided in clause (ii), dependents of the taxpayer shall be allocated between the two spouses at the election of the taxpayer. For purposes of determining the family size involved and household income with respect to each spouse, only such spouse and the dependents allocated to such spouse under this subparagraph shall be taken into account ``(ii) Limitation on taxpayer allocation.-- The number of dependents allocated to a spouse under clause (i) cannot exceed the number of dependents allocated to the other spouse by more than 1 dependent. ``(D) Treatment of premiums.--To the extent that the amount of any monthly premium is determined separately with respect to either spouse or any dependent of the taxpayer, such premium shall be taken into account by such spouse or the spouse to which such dependent is allocated under subparagraph (C). In the case of any monthly premium which is not so separately determined, such premium may be allocated between the two spouses at the election of the taxpayer.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. REDUCTION IN POVERTY LINE ELIGIBILITY LIMITATION FOR HEALTH INSURANCE PREMIUM TAX CREDIT. (a) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Section 36B(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``400 percent'' and inserting ``the applicable percentage''. (2) Applicable percentage.--Section 36B(c)(1) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Applicable percentage.--The term `applicable percentage' means such percentage as the Secretary, after consultation with the Secretary of Health and Human Services, determines will result in a combination of increased Federal revenues and reduced Federal outlays which is equal to the combination of reduced Federal revenues and increased Federal outlays as a result of the amendments made by section 2 of the Obamacare Marriage Penalty Elimination Act.''. (3) Conforming amendments.-- (A) Section 36B(b)(3)(A)(i) of such Code is amended by inserting ``and subsection (c)(1)(A)'' after ``Except as provided in clause (ii)''. (B) Section 36B(f)(2)(B)(i) of such Code is amended by striking ``400 percent'' and inserting ``the applicable percentage (as defined in subsection (c)(1)(B))''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2015. (b) Amendments to the Patient Protection and Affordable Care Act.-- (1) In general.--Section 1402(b)(2) of the Patient Protection and Affordable Care Act is amended by striking ``400 percent'' and inserting ``the applicable percentage (as defined in section 36B(c)(1)(B) of the Internal Revenue Code of 1986)''. (2) Conforming amendments.-- (A) Section 1402(c)(1)(A) of such Act is amended by striking ``The reduction'' and inserting ``Except as provided in subsection (b)(2), the reduction''. (B) Section 1402(c)(1)(B)(i) of such Act is amended by striking ``The Secretary'' and inserting ``Except as provided in subsection (b)(2), the Secretary''. (3) Effective date.--The amendments made by this subsection shall apply to months beginning after December 31, 2015.

Obamacare Marriage Penalty Elimination Act This bill amends the Internal Revenue Code, with respect to the tax credit for health care insurance premium assistance, to: (1) calculate the amount of such credit in the case of a joint tax return as the sum of each credit amount allowed to each spouse, thus preventing the tax effect known as the marriage penalty; and (2) replace the 400% poverty line eligibility limit for such credit with an applicable percentage based on a calculation of the combination of increased tax revenues and decreased outlays resulting from this Act.

Obamacare Marriage Penalty Elimination Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Lebanon and Syria Liberation Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA Sec. 101. Declarations of policy. Sec. 102. Codification of existing sanctions. Sec. 103. Sanctions against certain persons. Sec. 104. Sanctions against certain foreign countries. Sec. 105. Diplomatic efforts. Sec. 106. Report on assistance to, and commerce with, Syria. TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND DEMOCRACY IN LEBANON Sec. 201. Declarations of policy. Sec. 202. Assistance to support a transition to democracy in Syria and restoration of sovereign democratic governance in Lebanon. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Person.--The term ``person'' means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents or subsidiaries. (3) Syria.--The term ``Syria'' includes any agency or instrumentality of Syria. (4) United states assistance.--The term ``United States assistance'' means-- (A) any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.), other than urgent humanitarian assistance or medicine; (B) sales and assistance under the Arms Export Control Act (22 U.S.C. 2751 et seq.); (C) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and (D) financing under the Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.). TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA SEC. 101. DECLARATIONS OF POLICY. Congress makes the following declarations of policy: (1) The actions of the Government of the Syrian Arab Republic, including its support for terrorism, its development of long-range missiles and weapons of mass destruction programs and capabilities, its continued occupation of the Lebanese Republic in violation of its international obligations, its support for, and facilitation of, all terrorist activities inside of Iraq, and its massive, systematic, and extraordinary violations of human rights of both the Syrian and Lebanese people, are a threat to the national security interests of the United States and international peace. (2) The policy of the United States shall be to deny Syria the ability to carry out the following: (A) To finance, provide safe-haven, or otherwise support terrorist organizations. (B) To develop biological, chemical, or nuclear weapons and long-range ballistic missiles. (C) To continue to occupy and otherwise interfere in the affairs of the Government of Lebanon in contravention of United Nations Security Council Resolutions 425 (1978), 426 (1978), 520 (1982), and 1559 (2004), and other pertinent obligations. (D) To continue to oppress the people of Syria. (3) The President should advocate for, and should instruct the United States Permanent Representative to the United Nations to propose and seek within the United Nations Security Council, a mandatory international embargo against the Government of Syria, pursuant to Article 41 of the Charter of the United Nations. (4) Any effort by a country that is a recipient of United States foreign assistance to facilitate, directly or indirectly, the development of Syria's nuclear, biological, or chemical weapons capabilities, long-range ballistic missile development programs, or to help make operational any nuclear facility in Syria will have a detrimental impact on United States assistance to such country. SEC. 102. CODIFICATION OF EXISTING SANCTIONS. United States sanctions, controls, and regulations relating to Syria and persons who are determined to be facilitating the Government of Syria, as in effect on the date of the enactment of this Act, shall remain in effect until the President certifies to the appropriate congressional committees that-- (1) a government exists in Syria that-- (A) has ceased any and all support for terrorism; (B) has permanently dismantled Syria's biological, chemical, or nuclear weapons programs and has committed to combat the proliferation of such weapons; (C) has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries; and (D) upholds and defends human rights and civil liberties; and (2) sovereignty has been restored to Lebanon and there exists a freely-elected, internationally recognized democratic government in Lebanon. SEC. 103. SANCTIONS AGAINST CERTAIN PERSONS. (a) Prohibition.--If any person knowingly transfers or retransfers goods or technology so as to contribute to the efforts by Syria to acquire or develop destabilizing numbers and types of advanced conventional weapons, or to acquire, develop, produce, or stockpile biological, chemical, or nuclear weapons and long-range ballistic missiles, then the sanctions described in subsection (b) shall be imposed. (b) Sanctions.--The sanctions to be imposed pursuant to subsection (a) are as follows: (1) Procurement sanction.--The United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. (2) Export sanction.--The United States Government shall not issue any license for any export by or to the sanctioned person. (3) Import sanction.--The President shall ban the importation of any article that is a product of the sanctioned person. SEC. 104. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES. (a) Prohibition.--If the President determines that the government of any foreign country knowingly transfers or retransfers goods or technology, or provides assistance, so as to contribute to the efforts by Syria to acquire or develop destabilizing numbers and types of advanced conventional weapons, or to acquire, develop, produce, or stockpile biological, chemical, or nuclear weapons and long-range ballistic missiles, then two or more of the sanctions described in subsection (b), and the sanctions described in subsection (c), shall be imposed. (b) Sanctions.--The sanctions referred to in subsection (a) are as follows: (1) Suspension of united states assistance.--The United States Government shall suspend United States assistance to the sanctioned country. (2) Export sanction.--The United States Government shall not issue any license for any export by or to the sanctioned country. (3) Import sanction.--The President shall ban the importation of any article that is a product of the sanctioned country. (4) International financial institution assistance.--The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to oppose and vote against the extension by such institution of any financial or technical assistance to the sanctioned country. (5) Suspension of codevelopment or coproduction agreements.--The United States shall suspend compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act (22 U.S.C. 2778)), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part. (6) United states munitions list.--No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country. (c) Suspension of Military and Dual-Use Technical Exchange Agreements.--The United States shall suspend compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period. SEC. 105. DIPLOMATIC EFFORTS. (a) Bilateral Efforts.--It is the sense of Congress that the Secretary of State should ensure that United States diplomatic personnel abroad understand and, in their contacts with foreign officials, are communicating the reasons for United States policy and sanctions against the Government of Syria, and are urging foreign governments to cooperate more effectively with the Government of the United States. (b) United Nations System.--The President shall direct the United States Permanent Representative to the United Nations, United Nations organizations and entities, and United Nations affiliated agencies and bodies, to continue to use the voice and vote of the United States to oppose Syria's membership and candidacy for leadership posts in such institutions, and engage in diplomatic efforts to secure multilateral support for such efforts. (c) United Nations Commission on Human Rights.--The President shall take the necessary steps to secure support for a resolution at the United Nations Commission on Human Rights holding the the Government of Syria accountable for its systematic violations of human rights of Syrian and Lebanese citizens and calling for the appointment of a United Nations Special Rapporteur to investigate these human rights violations. (d) International Financial Institutions.--The President shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose any loan or other assistance to Syria and to oppose Syria's membership in the institution. (e) International Atomic Energy Agency.--The President shall instruct the United States Permanent Representative to the International Atomic Energy Agency (IAEA) to seek the adoption of a resolution calling on Syria to declare all nuclear related facilities, immediately and unconditionally suspend any activity which could be used to develop nuclear weapons capability, and provide full access to IAEA inspectors to its nuclear-related facilities. (f) United States and Regional Contact Groups.--The President shall seek to establish contact groups with relevant countries in the Middle East to provide forums in which United States officials who are responsible for counter-proliferation efforts are able to meet, at least twice each year, with their counterpart from such countries to-- (1) discuss the global threats presented by Iranian nuclear proliferation and sponsorship of international terrorism; and (2) develop strategies to effectively address these threats. SEC. 106. REPORT ON ASSISTANCE TO, AND COMMERCE WITH, SYRIA. (a) Report.--Not later than 90 days after the date of the enactment of this Act, and on an annual basis thereafter, the President shall transmit to the appropriate congressional committees a report on assistance to, and commerce with, Syria by other foreign countries during the preceding 12-month period. (b) Contents.--Each report required by subsection (a) shall, for the period covered by the report, contain the following information, to the extent such information is available: (1) A description of all bilateral assistance provided to Syria by other foreign countries, including humanitarian assistance. (2) A description of Syria's commerce with foreign countries, including an identification of Syria's trading partners and the extent of such trade. (3) A description of the joint ventures completed, or under consideration, by foreign nationals and business firms involving facilities in Syria, including an identification of the location of the facilities involved and a description of the terms of agreement of the joint ventures and the names of the parties that are involved. (4) A determination of the amount of debt of the Government of Syria that is owed to each foreign country, including-- (A) the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Syria involving foreign nationals; and (B) the amount of debt owed to the foreign country that has been exchanged, forgiven, or reduced in return for a grant by the Syrian Government of an equity interest in a property, investment, or operation of the Syrian Government or of a Syrian national. (5) A description of the steps taken to assure that raw materials and semifinished or finished goods produced by facilities in Syria involving foreign nationals do not enter the United States market, either directly or through third countries or parties. (6) An identification of countries and entities that provide, or have provided, arms or military supplies from Syria or that otherwise have entered into agreements with Syria that could have a military application, including-- (A) a description of the military supplies, equipment, or other material sold, bartered, or exchanged between Syria and such countries; (B) a listing of the goods, services, credits, or other consideration received by Syria in exchange for military supplies, equipment, or material; and (C) the terms or conditions of any such agreement. (c) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND DEMOCRACY IN LEBANON SEC. 201. DECLARATIONS OF POLICY. (a) Syria.--It shall be the policy of the United States to support independent human rights and pro-democracy forces in Syria to promote the emergence of a democratic government that-- (1) will denounce and combat terrorism; (2) will dismantle its biological, chemical, and nuclear weapons programs and commit to combat the proliferation of such weapons; (3) will respect the boundaries and sovereignty of its neighbors and live in peace and security with all the countries in the region; and (4) will uphold and defend the human rights and civil liberties of its citizens. (b) Lebanon.--It shall be the policy of the United States to initiate efforts to restore Lebanese sovereignty, including the immediate and unconditional withdrawal of all Syrian personnel from Lebanon, and to support Lebanese civil society and pro-democracy forces in restoring a freely-elected, internationally recognized democratic government in Lebanon. SEC. 202. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN SYRIA AND RESTORATION OF SOVEREIGN DEMOCRATIC GOVERNANCE IN LEBANON. (a) Authorization.--Notwithstanding any other provision of law, the President is authorized to provide assistance and other support for individuals and independent nongovernmental organizations to support a transition to a freely-elected, internationally recognized democratic government in Syria and the restoration of sovereign, democratic rule in Lebanon. (b) Activities Supported.--Assistance provided under subsection (a) shall, to the maximum extent practicable, be used to carry out the following activities: (1) Democracy-building and civil society efforts in Syria and Lebanon, including the provision of assistance to organizations certified by the President to be independent democratic organizations, victims of political repression and their families, and prisoners of conscience and their families. (2) Radio and television broadcasting to Syria and Lebanon to support democracy-building and civil society efforts in Syria and Lebanon. (c) Authorization of Appropriations.--There are authorized to be appropriated to the President to carry out this section such sums as may be necessary for fiscal year 2006 and each subsequent fiscal year.

Lebanon and Syria Liberation Act - States that U.S. sanctions, controls, and regulations relating to Syria shall remain in effect until the President certifies that: (1) Syria has ceased support for terrorism, has dismantled biological, chemical, or nuclear weapons programs and has committed to combat their proliferation, has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries, and upholds human rights and civil liberties; and (2) sovereignty has been restored to Lebanon. Imposes specified trade, assistance, and military sanctions, as appropriate, on persons or countries that transfer goods or technology so as to contribute to Syria's biological, chemical, nuclear, or advanced conventional weapons programs. Sets forth diplomatic measures intended to achieve such nonproliferation. Directs the President to provide assistance to support a democratic transition in Syria and the restoration of sovereign, democratic rule in Lebanon. Authorizes appropriations.

To strengthen sanctions against the Government of Syria, to establish a program to support a transition to a democratically elected government in Syria and the restoration of sovereignty and democratic rule in Lebanon, 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 ``Portable Fuel Container Safety Act of 2017''. SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION SOURCES. (a) Rule on Safety Performance Standards Required.--Not later than 30 months after the date of enactment of this section, the Consumer Product Safety Commission shall promulgate a final rule for flame mitigation devices in portable fuel containers that impedes the propagation of flame into the container, except as provided in subsection (c). (b) Rulemaking; Consumer Product Safety Standard.--A rule under subsection (a)-- (1) shall be promulgated in accordance with section 553 of title 5, United States Code; and (2) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (c) Exception.-- (1) Voluntary standard.--Subsection (a) shall not apply if the Commission determines that-- (A) there is a voluntary standard for flame mitigation devices in portable fuel containers that impedes the propagation of flame into the container; (B) the voluntary standard is or will be in effect not later than 18 months after the date of enactment of this Act; and (C) the voluntary standard is developed by Subcommittee F15 of ASTM International or such other standard development organization that the Commission determines to have met the intent of this Act. (2) Determination required to be published in the federal register.--Any determination made by the Commission under this subsection shall be published in the Federal Register. (d) Treatment of Voluntary Standard for Purpose of Enforcement.--If the Commission determines that a voluntary standard meets the conditions described in subsection (c), the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act beginning on the date which is the later of-- (1) 180 days after publication of the Commission's determination under subsection (c); or (2) the effective date contained in the voluntary standard. (e) Revision of Voluntary Standard.-- (1) Notice to commission.--If the requirements of a voluntary standard that meet the conditions of subsection (c) are subsequently revised, the organization that revised the standard shall notify the Commission not later than 60 days after the final approval of the revision. (2) Effective date of revision.--Not later than 180 days after the Commission is notified of a revised voluntary standard described in paragraph (1) (or such later date as the Commission determines appropriate), such revised voluntary standard shall become enforceable as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act, in place of the prior version, unless within 90 days after receiving the notice the Commission determines that the revised voluntary standard does not meet the requirements described in subsection (c). (f) Future Rulemaking.--The Commission, at any time after publication of the consumer product safety rule required by subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (d), or a revision is enforceable as a consumer product safety rule under subsection (e) may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements or to include any additional provision that the Commission determines is reasonably necessary to protect public health or safety. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act. (g) Action Required.-- (1) Education campaign.--Not later than 1 year after the date of enactment of this Act, the Commission shall undertake a campaign to educate consumers about the dangers associated with using or storing portable fuel containers for flammable liquids near an open flame or any other source of ignition. (2) Summary of actions.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to Congress a summary of actions taken by the Commission in such campaign. (h) Portable Fuel Container Defined.--In this section, the term ``portable fuel container'' means any container or vessel (including any spout, retrofit spout, cap, and other closure mechanism or component of such container or vessel)-- (1) intended for flammable liquid fuels, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, biofuels, or liquids with a flash point less than 140 degrees Fahrenheit; (2) that is a consumer product with a capacity of 5 gallons or less; and (3) that the manufacturer knows or reasonably should know is used by consumers for receiving, transporting, storing, and dispensing flammable liquid fuels. (i) Rule of Construction.--This section may not be interpreted to conflict with the Children's Gasoline Burn Prevention Act (Public Law 110-278; 122 Stat. 2602). SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT. (a) Amendment.--Section 2(c) of the Children's Gasoline Burn Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by inserting after ``for use by consumers'' the following: ``and any receptacle for gasoline, kerosene, or diesel fuel, including any spout, retrofit spout, cap, and other closure mechanism and component of such receptacle, produced or distributed for sale to or use by consumers for transport of, or refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel''. (b) Applicability.--The amendment made by subsection (a) shall take effect 6 months after the date of enactment of this section.

Portable Fuel Container Safety Act of 2017 This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final rule for flame mitigation devices in portable flammable liquid fuel containers that impede the propagation of flame into the container, unless the CPSC publishes a determination that a voluntary standard developed by a standard development organization meets the intent of this bill. Either the promulgated standard or the voluntary standard shall be treated as a consumer product safety rule. If a standard development organization subsequently revises a voluntary standard, the organization must notify the CPSC and the revision becomes enforceable unless, within 90 days after receiving notice, the CPSC determines that the revised standard does not meet this bill's requirements. The CPSC must undertake a campaign to educate consumers about dangers associated with portable fuel containers near an open flame or other source of ignition. The bill amends the Children's Gasoline Burn Prevention Act to extend child-resistance requirements for closures on portable gasoline containers to receptacles for gasoline, kerosene, or diesel fuel (including any spout, retrofit spout, cap, and other closure mechanism and component) produced or distributed for sale to, or use by, consumers for transport of, or for refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel.

Portable Fuel Container Safety Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Control of Broadcast Towers Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The placement, construction, and modification of broadcast transmission facilities near residential communities and facilities such as schools can greatly reduce the value of residential properties, destroy the views from properties, produce radio frequency interference, raise concerns about potential long-term health effects of such facilities, and reduce substantially the desire to live in the areas of such facilities. (2) States and local governments have traditionally regulated development and should be able to exercise control over the placement, construction, and modification of broadcast transmission facilities through the use of zoning and other land use regulations relating to the protection of the environment, public health and safety, and the general welfare of the community and the public. (3) The Federal Communications Commission establishes policies to govern interstate and international communications by television, radio, wire, satellite, and cable. The Commission ensures compliance of such activities with applicable Federal laws, including the National Environmental Policy Act of 1969 and the National Historic Preservation Act, in its decision-making on such activities. (4) The Commission defers to State and local authorities which regulate the placement, construction, and modification of broadcast transmission facilities through the use of zoning, construction and building, and environmental and safety regulations in order to protect the environment and the health, safety, and general welfare of communities and the public. (5) On August 19, 1997, the Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of most State and local zoning, environmental, construction and building, and other regulations affecting the placement, construction, and modification of broadcast transmission facilities. (6) The telecommunications industry and its experts should be expected to have access to the best and most recent technical information and should therefore be held to the highest standards in terms of their representations, assertions, and promises to governmental authorities. (b) Purpose.--The purpose of this Act is to confirm that State and local governments are the appropriate entities-- (1) to regulate the placement, construction, and modification of broadcast transmission facilities consistent with State and local zoning, construction and building, environmental, and land use regulations; (2) to regulate the placement, construction, and modification of broadcast transmission facilities so that their placement, construction, or modification will not interfere with the safe and efficient use of public airspace or otherwise compromise or endanger the health, safety, and general welfare of the public; and (3) to hold accountable applicants for permits for the placement, construction, or modification of broadcast transmission facilities, and providers of services using such facilities, for the truthfulness and accuracy of representations and statements placed in the record of hearings for such permits, licenses, or approvals. SEC. 3. PROHIBITION ON ADOPTION OF RULE REGARDING PREEMPTION OF STATE AND LOCAL AUTHORITY OVER BROADCAST TRANSMISSION FACILITIES. Notwithstanding any other provision of law, the Federal Communications Commission shall not adopt as a final rule or otherwise directly or indirectly implement any portion of the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997. SEC. 4. AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF BROADCAST TRANSMISSION FACILITIES. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 340. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF BROADCAST TRANSMISSION FACILITIES. ``(a) Authority To Require Least Intrusive Facilities.-- ``(1) In general.--A State or local government may deny an application to place, construct, or modify broadcast transmission facilities on the basis that alternative technologies, delivery systems, or structures are capable of delivering broadcast signals comparable to that proposed to be delivered by such facilities in a manner that is less intrusive to the community concerned than such facilities. ``(2) Considerations.--In determining under paragraph (1) the intrusiveness of technologies, delivery systems, or structures for the transmission of broadcast signals, a State or local government may consider the aesthetics of such technologies, systems, or structures, the environmental impact of such technologies, systems, or structures, and the radio frequency interference or radiation emitted by such technologies, systems, or structures. ``(3) Burden of proof.--In any hearing for purposes of the exercise of the authority in paragraph (1), the burden shall be on the applicant. ``(b) Radio Interference.--A State or local government may regulate the location, height, or modification of broadcast transmission facilities in order to address the effects of radio frequency interference caused by such facilities on local communities and the public. ``(c) Authority To Require Studies and Documentation.--No provision of this Act may be interpreted to prohibit a State or local government from-- ``(1) requiring a person seeking authority to place, construct, or modify broadcast transmission facilities to produce-- ``(A) environmental, biological, and health studies, engineering reports, or other documentation of the compliance of such facilities with radio frequency exposure limits, radio frequency interference impacts, and compliance with applicable laws, rules, and regulations governing the effects of such facilities on the environment, public health and safety, and the general welfare of the community and the public; and ``(B) documentation of the compliance of such facilities with applicable Federal, State, and local aviation safety standards or aviation obstruction standards regarding objects effecting navigable airspace; or ``(2) refusing to grant authority to such person to place, construct, or modify such facilities within the jurisdiction of such government if such person fails to produce studies, reports, or documentation required under paragraph (1). ``(d) Construction.--Nothing in this section may be construed to prohibit or otherwise limit the authority of a State or local government to ensure compliance with or otherwise enforce any statements, assertions, or representations filed or submitted by or on behalf of an applicant with the State or local government for authority to place, construct, or modify broadcast transmission facilities within the jurisdiction of the State or local government. ``(e) Broadcast Transmission Facility Defined.--In this section, the term `broadcast transmission facility' means the equipment, or any portion thereof, with which a broadcaster transmits and receives the radiofrequency waves that carry the services of the broadcaster, regardless of whether the equipment is sited on one or more towers or other structures owned by a person or entity other than the broadcaster, and includes the location of such equipment.''.

Local Control of Broadcast Towers Act - Prohibits the Federal Communications Commission from adopting a final rule or otherwise implementing any portion of a proposed rule regarding the preemption of State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Amends the Communications Act of 1934 to allow a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Places the burden of proving the appropriateness of proposed facilities on applicants. Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public.Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities.

A bill to amend the Communications Act of 1934 to clarify and reaffirm State and local authority to regulate the placement, construction, and modification of broadcast transmission facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Abuse and Fraud in Electronic Lending Act of 2018'' or the ``SAFE Lending Act of 2018''. SEC. 2. CONSUMER CONTROL OVER BANK ACCOUNTS. (a) Prohibiting Unauthorized Remotely Created Checks.--Section 905 of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end the following: ``(d) Limitations on Remotely Created Checks.-- ``(1) Definition.--In this subsection-- ``(A) the term `remotely created check' means a check, including a paper or electronic check and any other payment order that the Bureau, by rule, determines is appropriately covered under this subsection, that-- ``(i) is not created by the financial institution that holds the customer account from which the check is to be paid; and ``(ii) does not bear a signature applied, or purported to be applied, by the person from whose account the check is to be paid; and ``(B) the term `Federal consumer financial law' has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). ``(2) Limitations.--Subject to the limitations in paragraph (3) and any additional limitations that the Bureau may establish, by rule, a remotely created check may only be issued by a person designated in writing by a consumer with that written designation specifically provided by the consumer to the insured depository institution at which the consumer maintains the account from which the check is to be drawn. ``(3) Additional limitations.-- ``(A) In general.--A designation provided by a consumer under paragraph (2) may be revoked at any time by the consumer. ``(B) Consumer financial protection laws.--No payment order, including a remotely created check, may be issued by any person in response to the exercise of, or attempt to exercise, any right by a consumer under-- ``(i) any Federal consumer financial law; or ``(ii) any other provision of any law or regulation within the jurisdiction of the Bureau.''. (b) Consumer Protections for Certain One-Time Electronic Fund Transfers.--Section 913 of the Electronic Fund Transfer Act (15 U.S.C. 1693k) is amended-- (1) in the matter preceding paragraph (1), by inserting ``(a) In General.--'' before ``No person''; (2) in subsection (a)(1), as so designated, by striking ``preauthorized electronic fund transfers'' and inserting ``an electronic fund transfer''; and (3) by adding at the end the following: ``(b) Treatment for Electronic Fund Transfers in Credit Extensions.--If a consumer voluntarily agrees to repay an extension of a small-dollar consumer credit transaction, as defined in section 110(a) of the Truth in Lending Act, by means of an electronic fund transfer, the electronic fund transfer shall be treated as a preauthorized electronic fund transfer subject to the protections of this title.''. SEC. 3. TRANSPARENCY AND CONSUMER EMPOWERMENT IN SMALL-DOLLAR LENDING. (a) Small-Dollar Consumer Credit Transactions.-- (1) In general.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended-- (A) by inserting after section 109 (15 U.S.C. 1608) the following: ``SEC. 110. REGISTRATION REQUIREMENT FOR SMALL-DOLLAR LENDERS. ``(a) Definition.--In this section, the term `small-dollar consumer credit transaction'-- ``(1) means any transaction that extends credit that is-- ``(A) made to a consumer in an amount that-- ``(i) is not more than-- ``(I) $5,000; or ``(II) such greater amount as the Bureau may, by rule, determine; and ``(ii) shall be adjusted annually to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor; and ``(B) extended pursuant to an agreement that is-- ``(i)(I) other than an open end credit plan; and ``(II) payable in one or more installments of less than 12 months (or such longer period as the Bureau may, by rule, determine); ``(ii) an open end credit plan in which each advance is fully repayable within a defined time or in connection with a defined event, or both; or ``(iii) any other plan as the Bureau determines, by rule; and ``(2) includes any action that facilitates, brokers, arranges, or gathers applications for a transaction described in paragraph (1). ``(b) Registration Requirement.--A person shall register with the Bureau before issuing credit in a small-dollar consumer credit transaction.''; and (B) in section 173 (15 U.S.C. 1666j), by adding at the end the following: ``(d) Notwithstanding any other provisions of this title, any small-dollar consumer credit transaction, as defined in section 110(a), shall comply with the laws of the State in which the consumer to which the transaction is made resides with respect to annual percentage rates, interest, fees, charges, and such other similar or related matters as the Bureau may, by rule, determine if the small-dollar consumer credit transaction is-- ``(1) made over-- ``(A) the Internet; ``(B) telephone; ``(C) facsimile; ``(D) mail; ``(E) electronic mail; or ``(F) other electronic communication; or ``(2) conducted by a national bank.''. (2) Technical and conforming amendment.--The table of sections for chapter 1 of the Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after the item relating to section 109 the following: ``110. Registration requirement for small-dollar lenders.''. (b) Prohibition on Certain Fees.--Section 915 of the Electronic Fund Transfer Act (15 U.S.C. 1693l-1) is amended-- (1) in subsection (a)(2)(A), in the matter preceding clause (i), by striking ``The term'' and inserting ``Subject to subsection (d)(1), the term''; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: ``(d) Additional Fees Prohibited.-- ``(1) Definition.--In this subsection, the term `prepaid account' has the meaning given the term by rule of the Bureau. ``(2) Prohibition.--With respect to the use of a prepaid account by a consumer-- ``(A) it shall be unlawful for any person to charge the consumer a fee for an overdraft, including a shortage of funds or a transaction processed for an amount exceeding the account balance of the prepaid account; ``(B) any transaction for an amount exceeding the account balance of the prepaid account may be declined, except that the consumer may not be charged a fee for that purpose; and ``(C) the Bureau may, by rule, prohibit the charging of any fee so that the Bureau may-- ``(i) prevent unfair, deceptive, or abusive practices; and ``(ii) promote the ability of the consumer to understand and compare the costs of prepaid accounts.''. SEC. 4. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT TRANSACTIONS. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``SEC. 140B. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT TRANSACTIONS. ``(a) Definitions.--In this section-- ``(1) the terms `Internet access service' and `Internet information location tool' have the meanings given those terms in section 231(e) of the Communications Act of 1934 (47 U.S.C. 231(e)); ``(2) the term `sensitive personal financial information' means a Social Security number, financial account number, bank routing number, bank account number, or security or access code that is immediately necessary to permit access to the financial account of an individual; and ``(3) the term `small-dollar consumer credit transaction' has the meaning given the term in section 110(a). ``(b) Identification Information.--Any person facilitating, brokering, arranging for, or gathering applications for, the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction shall prominently disclose information by which the person may be contacted or identified, including for service of process and for identification of the registrant of any domain name registered or used. ``(c) Prohibition on Lead Generation in Small-Dollar Consumer Credit Transactions.--No person may facilitate, broker, arrange for, or gather applications for the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction, unless the person is directly providing the small-dollar consumer credit to a consumer. ``(d) Rule of Construction.-- ``(1) In general.--Nothing in this section may be construed to limit the authority of the Bureau to further restrict activities covered by this section. ``(2) Clarification.--For the purposes of this section, it shall not be considered facilitating the distribution of sensitive personal financial information in connection with a small-dollar consumer credit transaction to be engaged solely in one of the following activities: ``(A) The provision of a telecommunications service, an Internet access service, or an Internet information location tool. ``(B) The transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except the deletion of a particular communication or material made by another person in a manner that is consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following: ``140B. Restrictions on lead generation in small-dollar consumer credit transactions.''. SEC. 5. STUDIES. (a) Definitions.--In this section-- (1) the term ``appropriate committees of Congress'' means-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Indian Affairs of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives; and (2) 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. 5304). (b) Study Required.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study regarding-- (1) the availability of capital on reservations of Indian tribes; and (2) the impact that small-dollar consumer credit extended through Internet and non-Internet means to members of Indian tribes has had on economic opportunity and wealth for members of Indian tribes. (c) Consultation.--In conducting the study required under subsection (b), the Comptroller General of the United States shall consult, as appropriate, with-- (1) the Bureau of Consumer Financial Protection; (2) the Board of Governors of the Federal Reserve System; (3) the Director of the Bureau of Indian Affairs; (4) federally recognized Indian tribes; and (5) community development financial institutions operating in Indian lands. (d) Congressional Consideration.--The Comptroller General of the United States shall submit to the appropriate committees of Congress the study required under subsection (b). SEC. 6. RULEMAKING. Not later than 1 year after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall adopt any final rules necessary to implement the provisions of this Act and the amendments made by this Act.

Stopping Abuse and Fraud in Electronic Lending Act of 2018 or the SAFE Lending Act of 2018 This bill amends the Electronic Fund Transfer Act and the Truth in Lending Act. The bill revises requirements related to consumer financial protection and small-dollar lending, including matters concerning remotely created checks, electronic fund transfers, registration of small-dollar lenders, overdraft fees, and the collection of personal information.

Stopping Abuse and Fraud in Electronic Lending Act of 2018

SECTION 1. INDIVIDUALS TAXED ONLY ON EARNED INCOME. (a) In General.--Section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) Imposition of Tax.--There is hereby imposed on the income of every individual a tax equal to 20 percent of the excess (if any) of-- ``(1) the taxable earned income received or accrued during the taxable year, over ``(2) the standard deduction (as defined in section 63) for such taxable year. ``(b) Taxable Earned Income.--For purposes of this section, the term `taxable earned income' means the excess (if any) of earned income (as defined in section 911(d)(2)) over the foreign earned income (as defined in section 911(b)(1)).'' (b) Increase in Standard Deduction.--Section 63 of such Code is amended to read as follows: ``SEC. 63. STANDARD DEDUCTION. ``(a) In General.--For purposes of this subtitle, the term `standard deduction' means the sum of-- ``(1) the basic standard deduction, plus ``(2) the additional standard deduction. ``(b) Basic Standard Deduction.--For purposes of subsection (a), the basic standard deduction is-- ``(1) $16,500 in the case of-- ``(A) a joint return, and ``(B) a surviving spouse (as defined in section 2(a)), ``(2) $14,000 in the case of a head of household (as defined in section 2(b)), and ``(3) $9,500 in the case of an individual-- ``(A) who is not married and who is not a surviving spouse or head of household, or ``(B) who is a married individual filing a separate return. ``(c) Additional Standard Deduction.--For purposes of subsection (a), the additional standard deduction is $4,500 for each dependent (as defined in section 152) described in section 151(c)(1) for the taxable year. ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1995, each dollar amount contained in subsections (b) and (c) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1994' for `calendar year 1992' in subparagraph (B) of such section. ``(2) Rounding.--If any increase determined under paragraph (1) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.'' SEC. 2. INCOME TAX DEDUCTION FOR CASH CHARITABLE CONTRIBUTIONS. (a) In General.--Subsection (a) of section 170 of the Internal Revenue Code of 1986 (relating to charitable, etc., contributions and gifts) is amended-- (1) by striking paragraph (1) and inserting the following new paragraph: ``(1) General rule.--There shall be allowed as a deduction any charitable contribution (as defined in subsection (c)) not to exceed $2,500 ($1,250, in the case of a married individual filing a separate return), payment of which is made within the taxable year.'', and (2) by striking paragraph (3). (b) Conforming Amendments.-- (1) Section 170(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Termination of subsection.--This subsection shall not apply to taxable years beginning after December 31, 1995.'' (2) Section 170(c) of such Code is amended by inserting ``of cash or its equivalent'' after ``means a contribution or gift''. (3) Subsections (d) and (e) of section 170 of such Code are repealed. (4) Section 170(f) of such Code is amended by striking paragraphs (1) through (7) and by redesignating paragraphs (8) and (9) as paragraphs (1) and (2), respectively. (5) Subsections (h) and (i) of section 170 of such Code are repealed. SEC. 3. LIMITATION OF HOME MORTGAGE DEDUCTION TO ACQUISITION INDEBTEDNESS. Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to interest) is amended-- (1) by striking subparagraphs (A), (C), and (D) and inserting before subparagraph (B) the following new subparagraph: ``(A) In general.--The term `qualified residence interest' means any interest which is paid or accrued during the taxable year on acquisition indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued.'', and (2) by striking ``$1,000,000'' each place it appears and ``$500,000'' in subparagraph (B)(ii) and inserting ``$100,000'' and ``$50,000'', respectively. SEC. 4. MODIFICATION OF TAX ON BUSINESS ACTIVITIES. Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: ``SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity a tax equal to 20 percent of the business taxable income of such person. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.-- ``(1) In general.--For purposes of this section, the term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.--For purposes of paragraph (1), the term `gross active income' means gross income other than investment income. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) the compensation (including contributions to qualified retirement plans but not including other fringe benefits) paid for employees performing services in such activity, and ``(C) the cost of tangible personal and real property used in such activity. ``(2) Business inputs.--For purposes of subparagraph (A), the term `cost of business inputs' means-- ``(A) the actual amount paid for goods, services, and materials, whether or not resold during the taxable year, ``(B) the fair market value of business inputs brought into the United States, and ``(C) the actual cost, if reasonable, of travel and entertainment expenses for business purposes. Such term shall not include purchases of goods and services provided to employees or owners. ``(e) Carryover of Excess Deductions.-- ``(1) In general.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the amount of the deductions specified in subsection (d) for the succeeding taxable year (determined without regard to this subsection) shall be increased by the sum of-- ``(A) such excess, plus ``(B) the product of such excess and the 3-month Treasury rate for the last month of such taxable year. ``(2) 3-month treasury rate.--For purposes of paragraph (1), the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less.'' SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1995.

Amends the Internal Revenue Code to impose a 20 percent tax on the taxable earned income of every individual. Bases such amount on the standard deduction. (Replaces current income tax procedures for individuals.) Increases the basic standard deduction and includes an additional standard deduction (limited to dependents only), with inflation adjustments. Limits charitable contributions to $2,500 ($1,250 in the case of married individuals filing separately). Limits the deduction for interest paid on a home mortgage to the amount of acquisition indebtedness, with limitations. Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax.

A bill to amend the Internal Revenue Code of 1986 to impose a flat tax only on the earned income of individuals and the business taxable income of corporations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ANCSA Unrecognized Community Landless Natives Authorization Act of 2017''. SEC. 2. UNRECOGNIZED SOUTHEAST ALASKA NATIVE COMMUNITIES RECOGNITION AND COMPENSATION. (a) Purpose.--The purpose of this section is to redress the omission of the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell from eligibility by authorizing the Native people enrolled in the communities-- (1) to form Urban Corporations for the communities under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (2) to receive certain settlement land pursuant to that Act. (b) Establishment of Additional Native Corporations.--Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following: ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.-- ``(1) In general.--The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. (c) Shareholder Eligibility.--Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholders of the Regional Corporation for Southeast Alaska on or before March 30, 1973, shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. (d) Distribution Rights.--Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended-- (1) in subsection (j)-- (A) by striking ``(j) During'' and inserting the following: ``(j) Distribution of Corporate Funds and Other Net Income.-- ``(1) In general.--During''; (B) by striking ``Not less'' and inserting the following: ``(2) Minimum allocation.--Not less''; (C) by striking ``In the case'' and inserting the following: ``(3) Thirteenth regional corporation.--In the case''; and (D) by adding at the end the following: ``(4) Native villages of haines, ketchikan, petersburg, tenakee, and wrangell.--Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--Section 2 of the ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 and the amendments made by that section shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporation or Village Corporations or other provisions of subsection (i) or (j).''. (e) Compensation.--The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, TENAKEE, AND WRANGELL. ``(a) Offer of Compensation.-- ``(1) In general.--On incorporation of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, the Secretary, in consultation and coordination with the Secretary of Commerce, and in consultation with representatives of each such Urban Corporation and the Regional Corporation for Southeast Alaska, shall offer as compensation, pursuant to this Act, 1 township of land (23,040 acres) to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, in accordance with this subsection. ``(2) Local areas of historical, cultural, traditional, and economic importance.-- ``(A) In general.--The Secretary shall offer as compensation under this subsection local areas of historical, cultural, traditional, and economic importance to Alaska Natives from the Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell. ``(B) Selection of land.--In selecting the land to be withdrawn and conveyed pursuant to this section, the Secretary-- ``(i) shall give preference to land with commercial purposes; ``(ii) may include subsistence and cultural sites, aquaculture sites, hydroelectric sites, tideland, surplus Federal property, and eco- tourism sites; and ``(iii) shall not include land within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)). ``(C) Contiguous, compact sites.--The land selected pursuant to this section shall be contiguous and reasonably compact tracts if practicable. ``(D) Valid existing rights.--The land selected pursuant to this section shall be subject to all valid existing rights and all other provisions of section 14(g), including any lease, contract, permit, right-of- way, or easement (including a lease issued under section 6(g) of the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508)). ``(b) Acceptance or Rejection of Offer.-- ``(1) In general.--Not later than 1 year after the date of the offer of compensation from the Secretary under subsection (a), each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell shall accept or reject the offer. ``(2) Resolution.--To accept or reject the offer, each such Urban Corporation shall provide to the Secretary a properly executed and certified corporate resolution that states that the offer proposed by the Secretary was voted on, and either approved or rejected, by a majority of the shareholders of the Urban Corporation. ``(3) Rejection of offer.--If the offer is rejected-- ``(A) the Secretary, in consultation with representatives of the Urban Corporation that rejected the offer and the Regional Corporation for Southeast Alaska, shall revise the offer; and ``(B) the Urban Corporation shall have an additional 180 days within which to accept or reject the revised offer. ``(c) Withdrawal and Conveyance of Land and Title.--Not later than 180 days after receipt of a corporate resolution of an Urban Corporation approving an offer of the Secretary under subsection (b)(1), the Secretary shall (as appropriate)-- ``(1) withdraw the land; ``(2) convey to the Urban Corporation title to the surface estate of the land; and ``(3) convey to the Regional Corporation for Southeast Alaska title the subsurface estate for the land. ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.--The Secretary shall, without consideration of compensation, convey to the Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Corporations pursuant to subsection (c). ``(e) Settlement Trust.-- ``(1) In general.--The Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, respectively. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) then to the support of all other enrollees.''.

ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 This bill amends the Alaska Native Claims Settlement Act to permit the Alaska Native residents of each of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Alaska Native urban corporations and to receive certain settlement land. These urban corporations may establish a settlement trust to promote the health, education, and welfare of the trust beneficiaries, and preserve the Alaska Native heritage and culture of their communities.

ANCSA Unrecognized Community Landless Natives Authorization Act of 2017