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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) school transportation issues have concerned parents, local educational agencies, lawmakers, the National Highway Traffic Safety Administration, the National Transportation Safety Board, and the Environmental Protection Agency for years; (2) millions of children face potential future health problems because of exposure to noxious fumes emitted from older school buses; (3) the Environmental Protection Agency established the Clean School Bus USA program to replace 129,000 of the oldest diesel buses that cannot be retrofitted in an effort to help children and the environment by improving air quality; (4) unfortunately, many rural local educational agencies are unable to participate in that program because of the specialized fuels needed to sustain a clean bus fleet; (5) many rural local educational agencies are operating outdated, unsafe school buses that are failing inspection because of automotive flaws, resulting in a depletion of school bus fleets of the local educational agencies; and (6) many rural local educational agencies are unable to afford to buy newer, safer buses. (b) Purpose.--The purpose of this Act is to establish within the Environmental Protection Agency a Federal cost-sharing program to assist rural local educational agencies with older, unsafe school bus fleets in purchasing newer, safer school buses. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Rural local educational agency.--The term ``rural local educational agency'' means a local educational agency, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), with respect to which-- (A) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; (B) all schools served by the local educational agency are designated with a school locale code of 7 or 8, as determined by the Secretary of Education; or (C) all schools served by the local educational agency have been designated, by official action taken by the legislature of the State in which the local educational agency is located, as rural schools for purposes relating to the provision of educational services to students in the State. (3) School bus.--The term ``school bus'' means a vehicle the primary purpose of which is to transport students to and from school or school activities. SEC. 4. GRANT PROGRAM. (a) In General.--From amounts made available under subsection (e) for a fiscal year, the Administrator shall provide grants, on a competitive basis, to rural local educational agencies to pay the Federal share of the cost of purchasing new school buses. (b) Application.-- (1) In general.--Each rural local educational agency that seeks to receive a grant under this Act shall submit to the Administrator for approval an application at such time, in such manner, and accompanied by such information (in addition to information required under paragraph (2)) as the Administrator may require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) documentation that, of the total number of school buses operated by the rural local educational agency, not less than 50 percent of the school buses are in need of repair or replacement; (B) documentation of the number of miles that each school bus operated by the rural local educational agency traveled in the most recent 9-month academic year; (C) documentation that the rural local educational agency is operating with a reduced fleet of school buses; (D) a resolution from the rural local educational agency that-- (i) authorizes the application of the rural local educational agency for a grant under this Act; and (ii) describes the dedication of the rural local educational agency to school bus replacement programs and school transportation needs (including the number of new school buses needed by the rural local educational agency); and (E) an assurance that the rural local educational agency will pay the non-Federal share of the cost of the purchase of new school buses under this Act from non-Federal sources. (c) Priority.-- (1) In general.--In providing grants under this Act, the Administrator shall give priority to rural local educational agencies that, as determined by the Administrator-- (A) are transporting students in a bus manufactured before 1977; (B) have a grossly depleted fleet of school buses; or (C) serve a school that is required, under section 1116(b)(1)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)(E)), to provide transportation to students to enable the students to transfer to another public school served by the rural local educational agency. (d) Payments; Federal Share.-- (1) Payments.--The Administrator shall pay to each rural local educational agency having an application approved under this section the Federal share described in paragraph (2) of the cost of purchasing such number of new school buses as is specified in the approved application. (2) Federal share.--The Federal share of the cost of purchasing a new school bus under this Act shall be 75 percent. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act-- (1) $50,000,000 for fiscal year 2005; and (2) such sums as are necessary for each of fiscal years 2006 through 2010.

Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2004 - Directs the Administrator of the Environmental Protection Agency (EPA) to provide grants, on a competitive basis, to rural local educational agencies (LEAs) to pay the Federal share (75 percent) of costs of purchasing new school buses. Requires the Administrator in providing such grants to give priority to rural LEAs that: (1) are transporting students in a bus manufactured before 1977; (2) have a grossly depleted fleet of school buses; or (3) serve a school that is required by law to provide transportation to students to enable them to transfer to another public school served by the rural LEA.

A bill to provide grants for use by rural local educational agencies in purchasing new school buses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cloning Prohibition Act of 2003''. SEC. 2. PROHIBITION AGAINST HUMAN CLONING. (a) In General.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended by adding at the end the following: ``CHAPTER X--HUMAN CLONING ``prohibition against human cloning ``Sec. 1001. (a) Nuclear Transfer Technology.-- ``(1) In general.--It shall be unlawful for any person-- ``(A) to use or attempt to use human somatic cell nuclear transfer technology, or the product of such technology, to initiate a pregnancy or with the intent to initiate a pregnancy; or ``(B) to ship, mail, transport, or receive the product of such technology knowing that the product is intended to be used to initiate a pregnancy. ``(2) Definition.--For purposes of this section, the term `human somatic cell nuclear transfer technology' means transferring the nuclear material of a human somatic cell into an egg cell from which the nuclear material has been removed or rendered inert. ``(b) Rule of Construction.--This section may not be construed as applying to any of the following: ``(1) The use of somatic cell nuclear transfer technology to clone molecules, DNA, cells, or tissues. ``(2) The use of mitochondrial, cytoplasmic, or gene therapy. ``(3) The use of in vitro fertilization, the administration of fertility-enhancing drugs, or the use of other medical procedures (excluding those using human somatic cell nuclear transfer or the product thereof) to assist a woman in becoming or remaining pregnant. ``(4) The use of somatic cell nuclear transfer technology to clone or otherwise create animals other than humans. ``(5) Any other activity (including biomedical, microbiological, or agricultural research or practices) not expressly prohibited in subsection (a). ``(c) Registration.-- ``(1) In general.--Each individual who intends to perform human somatic cell nuclear transfer technology shall, prior to first performing such technology, register with the Secretary his or her name and place of business (except that, in the case of an individual who performed such technology before the date of the enactment of the Cloning Prohibition Act of 2003, the individual shall so register not later than 60 days after such date). The Secretary may by regulation require that the registration provide additional information regarding the identity and business locations of the individual, and information on the training and experience of the individual regarding the performance of such technology. ``(2) Attestation by researcher.--A registration under paragraph (1) shall include a statement, signed by the individual submitting the registration, declaring that the individual is aware of the prohibitions described in subsection (a) and will not engage in any violation of such subsection. ``(3) Confidentiality.--Information provided in a registration under paragraph (1) shall not be disclosed to the public by the Secretary except to the extent that-- ``(A) the individual submitting the registration has in writing authorized the disclosure; or ``(B) the disclosure does not identify such individual or any place of business of the individual. ``(d) Applicability of Human Subject Protection Standards.-- ``(1) In general.--Research involving human somatic cell nuclear transfer technology shall be conducted in accordance with parts 50 and 56 of title 21, Code of Federal Regulations, subject to paragraph (2). Individuals whose cells are used for such research shall be considered human subjects for purposes of such parts. ``(2) Informed consent.-- ``(A) Donor of human cells.--In research involving human somatic cell nuclear transfer technology, human cells may be used only if, in addition to requirements that apply under parts 50 and 56 of title 21, Code of Federal Regulations, the individual who provides the cells makes a statement in writing, which is signed by the individual, declaring that-- ``(i) the individual donates the cells for purposes of such research; ``(ii) the individual understands that Federal law regulates such technology and establishes a crime relating to the use of the technology to initiate a pregnancy; and ``(iii) the individual does not intend for the cells to be used to initiate a pregnancy. ``(B) Attestation by researchers.--In research involving human somatic cell nuclear transfer technology, human cells may be used only if, in addition to requirements that apply under parts 50 and 56 of title 21, Code of Federal Regulations, the individual with the principal responsibility for conducting the research makes a statement in writing, which is signed by the individual, declaring that the consent of the donor of the cells for the cells to be used in such research was obtained in accordance with this subsection. ``(e) Preemption of State Law.--This section supersedes any State or local law that-- ``(1) establishes prohibitions, requirements, or authorizations regarding human somatic cell nuclear transfer technology that are different than, or in addition to, those established in subsection (a) or (c); or ``(2) with respect to humans, prohibits or restricts research regarding or practices constituting-- ``(A) somatic cell nuclear transfer; ``(B) mitochondrial or cytoplasmic therapy; or ``(C) the cloning of molecules, DNA, cells, tissues, or organs; except that this subsection does not apply to any State or local law that was in effect as of the day before the date of the enactment of the Cloning Prohibition Act of 2003. ``(f) Right of Action.--This section may not be construed as establishing any private right of action. ``(g) Definition.--For purposes of this section, the term `person' includes governmental entities. ``(h) Sunset.--This section and section 301(hh) do not apply to any activity described in subsection (a) that occurs on or after the expiration of the 10-year period beginning on the date of the enactment of the Cloning Prohibition Act of 2003.''. (b) Prohibited Acts.-- (1) In general.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(hh) The violation of section 1001(a), or the failure to register in accordance with section 1001(c).''. (2) Criminal penalty.--Section 303(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at the end the following: ``(7) Notwithstanding subsection (a), any person who violates section 301(hh) shall be imprisoned not more than 10 years or fined in accordance with title 18, United States Code, or both.''. (3) Civil penalties.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following: ``(h)(1) Any person who violates section 301(hh) or section 1001(d) shall be liable to the United States for a civil penalty in an amount not to exceed the greater of-- ``(A) $10,000,000; or ``(B) an amount equal to the amount of any gross pecuniary gain derived from such violation multiplied by 2. ``(2) Paragraphs (3) through (5) of subsection (g) apply with respect to a civil penalty under this subsection to the same extent and in the same manner as such paragraphs (3) through (5) apply with respect to a civil penalty under subsection (g).''. (4) Forfeiture.--Section 303 of the Federal Food, Drug, and Cosmetic Act, as amended by paragraph (3), is amended by adding at the end the following: ``(i) Any property, real or personal, derived from or used to commit a violation of section 301(hh), or any property traceable to such property, shall be subject to forfeiture to the United States.''. SEC. 3. STUDY BY INSTITUTE OF MEDICINE. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall request the Institute of Medicine to enter into an agreement with the Secretary under which such Institute conducts a study to-- (1) review the current state of knowledge about the biological properties of stem cells obtained from embryos, fetal tissues, and adult tissues; (2) evaluate the current state of knowledge about biological differences among stem cells obtained from embryos, fetal tissues, and adult tissues and the consequences for research and medicine; and (3) assess what is currently known about the ability of stem cells to generate neurons, heart, kidney, blood, liver and other tissues and the potential clinical uses of these tissues. (b) Other Entities.--If the Institute of Medicine declines to conduct the study described in subsection (a), the Secretary shall enter into an agreement with another appropriate public or nonprofit private entity to conduct the study. (c) Report.--The Secretary shall ensure that, not later than three years after the date of the enactment of this Act, the study required in subsection (a) is completed and a report describing the findings made in the study is submitted to the Committee on Energy and Commerce in the House of Representatives and the Committee on Health, Education, Labor, and Pensions in the Senate.

Cloning Prohibition Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit any person (including governmental entities) from: (1) using or attempting to use human somatic cell nuclear transfer technology to initiate a pregnancy; or (2) shipping, mailing, transporting, or receiving such product knowing that it is intended for such use. Precludes from such prohibition the use of somatic cell transfer technology to clone molecules, DNA, cells, tissues, or animals.Sets forth registration requirements for individuals who intend to perform human somatic cell nuclear transfer technology.Requires that research involving human somatic nuclear transfer technology be conducted in accordance with Federal standards governing the protection of human subjects. Considers individuals whose cells are used for such research to be human subjects. Requires the individual who provides the cells and the individual with the principal responsibility for conducting the research to submit signed statements that the individual donates the cells for and consents to such research.Directs the Secretary of Health and Human Services to request the Institute of Medicine to enter into an agreement to conduct a study to review the current state of knowledge about: (1) the biological properties of stem cells obtained from embryos and fetal and adult tissues; (2) biological differences among such cells and the consequences for research and medicine; and (3) the ability of stem cells to generate neurons, heart, kidney, blood, liver, and other tissues and the potential clinical uses of these tissues.

To amend the Federal Food, Drug, and Cosmetic Act with respect to the cloning of humans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Cybersecurity Workforce Assessment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (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 House Administration of the House of Representatives. (2) Cybersecurity work category; data element code; specialty area.--The terms ``Cybersecurity Work Category'', ``Data Element Code'', and ``Specialty Area'' have the meanings given such terms in the Office of Personnel Management's Guide to Data Standards. (3) Director.--The term ``Director'' means the Director of the Office of Personnel Management. (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE. (a) In General.--The head of each Federal agency shall-- (1) identify all cybersecurity workforce positions within the agency; (2) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and (3) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management's Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report, in accordance with subsection (b). (b) Employment Codes.-- (1) Procedures.--Not later than 90 days after the date of the enactment of this Act, the head of each Federal agency shall establish procedures-- (A) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and (B) to assign the appropriate employment code to each such position, using agreed standards and definitions. (2) Code assignments.--Not later than 9 months after the date of the enactment of this Act, the head of each Federal agency shall assign the appropriate employment code to-- (A) each employee within the agency who carries out cybersecurity functions; and (B) each open position within the agency that has been identified as having cybersecurity functions. (c) Progress Report.--Not later than 1 year after the date of the enactment of this Act, the Director shall submit a progress report on the implementation of this section to the appropriate congressional committees. SEC. 4. IDENTIFICATION OF CYBERSECURITY WORK CATEGORY AND SPECIALTY AREAS OF CRITICAL NEED. (a) In General.--Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to section 3(b)(2), and annually through 2021, the head of each Federal agency, in consultation with the Director and the Secretary, shall-- (1) identify Cybersecurity Work Categories and Specialty Areas of critical need in the agency's cybersecurity workforce; and (2) submit a report to the Director that-- (A) describes the Cybersecurity Work Categories and Specialty Areas identified under paragraph (1); and (B) substantiates the critical need designations. (b) Guidance.--The Director shall provide Federal agencies with timely guidance for identifying Cybersecurity Work Categories and Specialty Areas of critical need, including-- (1) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and (2) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages. (c) Cybersecurity Critical Needs Report.--Not later than 18 months after the date of the enactment of this Act, the Director, in consultation with the Secretary, shall-- (1) identify Specialty Areas of critical need for cybersecurity workforce across all Federal agencies; and (2) submit a progress report on the implementation of this section to the appropriate congressional committees. SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS. The Comptroller General of the United States shall-- (1) analyze and monitor the implementation of sections 3 and 4; and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation.

Federal Cybersecurity Workforce Assessment Act - Requires the head of each federal agency to identify cybersecurity workforce positions within the agency, determine the primary Cybersecurity Work Category and Specialty Area (CWCSA) of such positions, and assign the corresponding Data Element Code. Directs each agency head to establish procedures to: (1) identify open positions that include cybersecurity functions, and (2) assign the appropriate employment code to each such position and to each agency employee who carries out cybersecurity functions. Directs each agency head, beginning not later than one year after such employment codes are assigned and annually through 2021, to submit a report to the Director of the Office of Personnel Management (OPM) that identifies the CWCSAs of critical need in the agency's cybersecurity workforce and substantiates the critical need designations. Requires the Director to: (1) provide agencies with timely guidance for identifying CWCSAs of critical need, including current categories and areas with acute skill shortages and with emerging skill shortages; and (2) identify Specialty Areas of critical need for the cybersecurity workforce across all federal agencies. Directs the Comptroller General (GAO) to analyze, monitor, and report on this Act's implementation.

Federal Cybersecurity Workforce Assessment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Egyptian Counterterrorism and Political Reform Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Middle East Media Research Institute, two weeks before the September 11, 2001, attacks, the Egyptian Government daily newspaper Al-Akhbar published a column that stated: ``The Statue of Liberty, in New York Harbor, must be destroyed because of following the idiotic American policy that goes from disgrace to disgrace in the swamp of bias and blind fanaticism.''. (2) Since forging a ``cold peace'' with Israel in 1978, the Government of Egypt has placed severe trade restrictions on Israeli goods and Egyptian Government officials have allowed anti-Semitic articles and cartoons to flood the semi-official Egyptian press. (3) In violation of the 1979 peace agreement between Egypt and Israel, Egypt continues to promote a boycott of Israeli products. (4) The Israeli Defense Forces have repeatedly found arms smuggling tunnels between Egypt and the Gaza Strip. More than 40 tunnels were discovered in 2003. Some of these tunnels originate in Egyptian army and police outposts. (5) Despite facing no major regional external threat, Egypt has used military assistance from the United States to purchase combat aircraft, advanced missile systems, tanks, and naval vessels that undermine Israel's security. (6) The Coptic Christian minority of between 6 and 10 million in Egypt is victimized regularly, and remains without protection. The Government of Egypt has never taken responsibility for the arrest and torture of more than 1,200 Copts in late 1998 in the wake of sectarian violence. (7) Egypt regularly tortures its citizens. According to the Egyptian Organization for Human Rights approximately 13,000 to 16,000 people are detained without charge on suspicion of security or political offenses in Egypt each year. Amnesty International published a report in 2003 stating that ``everyone taken into detention in Egypt is at risk of torture''. SEC. 3. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE FOR EGYPT. (a) Prohibition.--Notwithstanding any other provision of law, for fiscal year 2006 and subsequent fiscal years, United States military assistance may not be provided for Egypt. (b) Waiver.--The President may waive the application of subsection (a) for a fiscal year if the President determines and certifies to Congress that it is in the national security interests of the United States to do so. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the amount of United States military assistance that would have been provided for Egypt for a fiscal year but for the application of section 3(a) should be provided for Egypt for such fiscal year in the form of economic support fund assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 and further that such assistance should be in addition to economic support fund assistance already proposed to be provided for Egypt for such fiscal year; (2) funds for economic support fund assistance for Egypt should not be used by the armed forces of Egypt; (3) 30 days prior to the initial obligation of funds for economic support fund assistance for Egypt for a fiscal year, the President should certify to Congress that procedures have been established to ensure that the Comptroller General will have access to appropriate United States financial information in order to review the uses of such funds; and (4) the agreement among the United States, Egypt, and Israel to decrease the overall amount of United States foreign assistance for both countries should continue. SEC. 5. DEFINITION. In this Act, the term ``United States military assistance'' means-- (1) assistance for nonproliferation, anti-terrorism, demining and related programs and activities, including assistance under chapter 8 of part II of the Foreign Assistance Act of 1961 (relating to anti-terrorism assistance) and assistance under chapter 9 of part II of such Act, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities; (2) assistance under section 541 of the Foreign Assistance Act of 1961 (relating to international military education and training); and (3) assistance under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Finance'' program).

Egyptian Counterterrorism and Political Reform Act - Prohibits military assistance to Egypt beginning in FY 2006 unless the President determines and certifies to Congress that it is in the national security interests to provide assistance for a given fiscal year. Expresses the sense of Congress that: (1) funds that would have been provided for military assistance should be given in the form of economic support fund assistance and not used by the armed forces of Egypt; (2) the President should certify the establishment of procedures to ensure access by the Comptroller General to appropriate financial information in order to review the use of these funds; and (3) the agreement among the United States, Egypt, and Israel to decrease the overall amount of U.S. foreign assistance for both countries should continue.

To prohibit United States military assistance for Egypt and to express the sense of Congress that the amount of military assistance that would have been provided for Egypt for a fiscal year should be provided in the form of economic support fund assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Communications and Public Safety Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the establishment and maintenance of an end-to-end emergency communications infrastructure among members of the public, local public safety, fire service, and law enforcement officials, emergency dispatch providers, and hospital emergency and trauma care facilities will reduce response times for the delivery of emergency care, assist in delivering appropriate care, and thereby prevent fatalities, substantially reduce the severity and extent of injuries, reduce time lost from work, and save thousands of lives and billions of dollars in health care costs; (2) the rapid, efficient deployment of emergency telecommunications service requires statewide coordination of the efforts of local public safety, fire service, and law enforcement officials, and emergency dispatch providers, and the designation of 911 as the number to call in emergencies throughout the Nation; (3) improved public safety remains an important public health objective of Federal, State, and local governments and substantially facilitates interstate and foreign commerce; (4) the benefits of wireless communications in emergencies will be enhanced by the development of state-wide plans to coordinate the efforts of local public safety, fire service, and law enforcement officials, emergency dispatch providers, emergency medical service providers on end-to-end emergency communications infrastructures; and (5) the construction and operation of seamless, ubiquitous, and reliable wireless telecommunications systems promote public safety and provide immediate and critical communications links among members of the public, emergency medical service providers and emergency dispatch providers, public safety, fire service and law enforcement officials, and hospital emergency and trauma care facilities. (b) Purpose.--The purpose of this Act is to encourage and facilitate the prompt deployment throughout the United States of a seamless, ubiquitous, and reliable end-to-end infrastructure for communications, including wireless communications, to meet the Nation's public safety and other communications needs. SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER. (a) Establishment of Universal Service Emergency Telephone Number.--Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended by adding at the end the following new paragraph: ``(3) Universal emergency telephone number.--The Commission and any agency or entity to which the Commission has delegated authority under this subsection shall designate 911 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. Such designation shall apply to both wireline and wireless telephone service. In making such designation, the Commission (and any such agency or entity) shall provide appropriate transition periods for areas in which 911 is not in use as an emergency telephone number on the date of the enactment of the Wireless Communications and Public Safety Act of 1999.''. (b) Technical Support.--The Federal Communications Commission shall provide technical support to States to support and encourage the development of statewide plans for the deployment and functioning of a comprehensive end-to-end emergency communications infrastructure, including enhanced wireless 911 service, on a coordinated statewide basis. In supporting and encouraging such deployment and functioning, the Commission shall consult and cooperate with State and local officials responsible for emergency services and public safety, the telecommunications industry (specifically including the cellular and other wireless telecommunications service providers), the motor vehicle manufacturing industry, emergency medical service providers and emergency dispatch providers, special 911 districts, public safety, fire service and law enforcement officials, consumer groups, and hospital emergency and trauma care personnel (including emergency physicians, trauma surgeons, and nurses). SEC. 4. PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS SERVICE. (a) Provider Parity.--A wireless carrier, and its officers, directors, employees, vendors, and agents, shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability in a particular jurisdiction that a local exchange company, and its officers, directors, employees, vendors, or agents, have under Federal and State law applicable in such jurisdiction with respect to wireline services, including in connection with an act or omission involving-- (1) development, design, installation, operation, maintenance, performance, or provision of wireless service; (2) transmission errors, failures, network outages, or other technical difficulties that may arise in the course of transmitting or handling emergency calls or providing emergency services (including wireless 911 service); and (3) release to a PSAP, emergency medical service provider or emergency dispatch provider, public safety, fire service or law enforcement official, or hospital emergency or trauma care facility of subscriber information related to emergency calls or emergency services involving use of wireless services. (b) User Parity.--A person using wireless 911 service shall have immunity or other protection from liability in a particular jurisdiction of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under Federal or State law applicable in such jurisdiction in similar circumstances of a person using 911 service that is not wireless. (c) Exception for State Legislative Action.--The immunity or other protection from liability required by subsection (a)(1) shall not apply in any State that, prior to the expiration of 2 years after the date of the enactment of this Act, enacts a statute that specifically refers to this section and establishes a different standard of immunity or other protection from liability with respect to an act or omission involving development, design, installation, operation, maintenance, performance, or provision of wireless service (other than wireless 911 service). The enactment of such a State statute shall not affect the immunity or other protection from liability required by such subsection (a)(1) with respect to acts or omissions occurring before the date of the enactment of such State statute. SEC. 5. AUTHORITY TO PROVIDE CUSTOMER INFORMATION. Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended-- (1) in subsection (d)-- (A) by striking ``or'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting a semicolon; (C) by adding at the end the following new paragraphs: ``(4) to provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d))-- ``(A) to a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility, in order to respond to the user's call for emergency services; ``(B) to inform the user's legal guardian or members of the user's immediate family of the user's location in an emergency situation that involves the risk of death or serious physical harm; or ``(C) to providers of information or database management services solely for purposes of assisting in the delivery of emergency services in response to an emergency; or ``(5) to transmit automatic crash notification information as part of the operation of an automatic crash notification system.''; (2) by redesignating subsection (f) as subsection (h) and by inserting before such subsection the following new subsections: ``(f) Authority To Use Wireless Location Information.--For purposes of subsection (c)(1), without the express prior authorization of the customer, a customer shall not be considered to have approved the use or disclosure of or access to-- ``(1) call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d)), other than in accordance with subsection (d)(4); or ``(2) automatic crash notification information to any person other than for use in the operation of an automatic crash notification system. ``(g) Subscriber Listed and Unlisted Information for Emergency Services.--Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service shall provide information described in subsection (h)(3)(A) (including information pertaining to subscribers whose information is unlisted or unpublished) that is in its possession or control (including information pertaining to subscribers of other carriers) on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions to providers of emergency services, and providers of emergency support services, solely for purposes of delivering or assisting in the delivery of emergency services.''; (3) in subsection (h)(1)(A) (as redesignated by paragraph (2)), by inserting ``location,'' after ``destination,''; and (4) in such subsection (h), by adding at the end the following new paragraphs: ``(4) Public safety answering point.--The term `public safety answering point' means a facility that has been designated to receive emergency calls and route them to emergency service personnel. ``(5) Emergency services.--The term `emergency services' means 911 emergency services and emergency notification services. ``(6) Emergency notification services.--The term `emergency notification services' means services that notify the public of an emergency. ``(7) Emergency support services.--The term `emergency support services' means information or data base management services used in support of emergency services.''. SEC. 6. DEFINITIONS. As used in this Act: (1) The term ``State'' means any of the several States, the District of Columbia, or any territory or possession of the United States. (2) The term ``public safety answering point'' or ``PSAP'' means a facility that has been designated to receive emergency calls and route them to emergency service personnel. (3) The term ``wireless carrier'' means a provider of commercial mobile services or any other radio communications service that the Federal Communications Commission requires to provide wireless emergency service. (4) The term ``enhanced wireless 911 service'' means any enhanced 911 service so designated by the Federal Communications Commission in the proceeding entitled ``Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems'' (CC Docket No. 94-102; RM- 8143), or any successor proceeding. (5) The term ``wireless 911 service'' means any 911 service provided by a wireless carrier, including enhanced wireless 911 service. Passed the House of Representatives February 24, 1999. Attest: JEFF TRANDAHL, Clerk.

Wireless Communications and Public Safety Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) (and any other agency or entity to which the FCC has delegated such authority) to designate 911 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. Applies such designation to both wireline and wireless telephone service. Requires the FCC to provide technical support to States for the deployment and functioning of a comprehensive emergency communications infrastructure, including enhanced wireless 911 service, on a coordinated statewide basis. (Sec. 4) Provides immunity from liability, to the same extent as provided to local telephone exchange companies, for providers of wireless 911 service. Provides immunity for users of wireless 911 service to the same extent as provided to users of 911 service that is not wireless. (Sec. 5) Authorizes telecommunications carriers to: (1) provide call location information concerning the user of a commercial mobile service to providers of emergency services, to inform such user's legal guardian or family members of the user's location in an emergency situation involving the risk of death or serious bodily injury, or to providers of information services to assist in the delivery of emergency response services; and (2) transmit automatic crash notification system information as part of the operation of such a system. Requires the express prior customer authorization of the use of either of the above information for other than the stated purposes. Requires a telecommunications carrier that provides telephone exchange service to provide subscriber list information (including information on unlisted subscribers) that is in its sole possession or control to providers of emergency services and emergency support services for use solely in delivering, or assisting in delivering, emergency services.

Wireless Communications and Public Safety Act of 1999

SECTION 1. DEFINITIONS. As used in this Act-- (1) ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation; (2) ``Reclamation'' means the Bureau of Reclamation, United States Department of the Interior; (3) ``Fish passage and screening facilities'' means ladders, collection devices, and all other kinds of facilities which enable fish to pass through, over, or around water diversion structures; facilities and other constructed works which modify, consolidate, or replace water diversion structures in order to achieve fish passage; screens and other devices which reduce or prevent entrainment and impingement of fish in a water diversion, delivery, or distribution system; and any other facilities, projects, or constructed works or strategies which are designed to provide for or improve fish passage while maintaining water deliveries and to reduce or prevent entrainment and impingement of fish in a water storage, diversion, delivery, or distribution system of a water project; (4) ``Federal reclamation project'' means a water resources development project constructed, operated, and maintained pursuant to the Reclamation Act of 1902 (32 Stat. 388), and acts amendatory thereof and supplementary thereto; (5) ``Non-Federal party'' means any non-Federal party, including federally recognized Indian tribes, non-Federal governmental and quasi-governmental entities, private entities (both profit and non-profit organizations), and private individuals; (6) ``Snake River Basin'' means the entire drainage area of the Snake River, including all tributaries, from the headwaters to the confluence of the Snake River with the Columbia River; (7) ``Columbia River Basin'' means the entire drainage area of the Columbia River located in the United States, including all tributaries, from the headwaters to the Columbia River estuary; and (8) ``Habitat improvements'' means work to improve habitat for aquatic plants and animals within a currently existing stream channel below the ordinary high water mark, including stream reconfiguration to rehabilitate and protect the natural function of streambeds, and riverine wetland construction and protection. SEC. 2. AUTHORIZATION. (a) In General.--Subject to the requirements of this Act, the Secretary is authorized to plan, design, and construct, or provide financial assistance to non-Federal parties to plan, design, and construct, fish passage and screening facilities or habitat improvements at any non-Federal water diversion or storage project located anywhere in the Columbia River Basin when the Secretary determines that such facilities would enable Reclamation to meet its obligations under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) regarding the construction and continued operation and maintenance of all Federal reclamation projects located in the Columbia River Basin, excluding the Federal reclamation projects located in the Snake River Basin. (b) Prohibition of Acquisition of Land for Habitat Improvements.-- Notwithstanding subsection (a), nothing in this Act authorizes the acquisition of land for habitat improvements. SEC. 3. LIMITATIONS. (a) Written Agreement.--The Secretary may undertake the construction of, or provide financial assistance covering the cost to the non-Federal parties to construct, fish passage and screening facilities at non-Federal water diversion and storage projects or habitat improvements located anywhere in the Columbia River Basin only after entering into a voluntary, written agreement with the non-Federal party or parties who own, operate, or maintain the project, or any associated lands involved. (b) Federal Share.--The Federal share of the total costs of constructing the fish passage and screening facility or habitat improvements shall be not more than 75 percent. (c) Non-Federal Share.-- (1) Except as provided in paragraph (4), a written agreement entered into under subsection (a) shall provide that the non-Federal party agrees to pay the non-Federal share of the total costs of constructing the fish passage and screening facility or habitat improvements. (2) The non-Federal share may be provided in the form of cash or in-kind services. (3) The Secretary shall-- (A) require the non-Federal party to provide appropriate documentation of any in-kind services provided; and (B) determine the value of the in-kind services. (4) The requirements of this subsection shall not apply to Indian tribes. (d) Grant and Cooperative Agreements.--Any financial assistance made available pursuant to this Act shall be provided through grant agreements or cooperative agreements entered into pursuant to and in compliance with chapter 63 of title 31, United States Code. (e) Terms and Conditions.--The Secretary may require such terms and conditions as will ensure performance by the non-Federal party, protect the Federal investment in fish passage and screening facilities or habitat improvements, define the obligations of the Secretary and the non-Federal party, and ensure compliance with this Act and all other applicable Federal, State, and local laws. (f) Rights and Duties of Non-Federal Parties.--All right and title to, and interest in, any fish passage and screening facilities constructed or funded pursuant to the authority of this Act shall be held by the non-Federal party or parties who own, operate, and maintain the non-Federal water diversion and storage project, and any associated lands, involved. The operation, maintenance, and replacement of such facilities shall be the sole responsibility of such party or parties and shall not be a project cost assignable to any Federal reclamation project. SEC. 4. OTHER REQUIREMENTS. (a) Permits.--The Secretary may assist a non-Federal party who owns, operates, or maintains a non-Federal water diversion or storage project, and any associated lands, to obtain and comply with any required State, local, or tribal permits. (b) Federal Law.--In carrying out this Act, the Secretary shall be subject to all Federal laws applicable to activities associated with the construction of a fish passage and screening facility or habitat improvements. (c) State Water Law.-- (1) In carrying out this Act, the Secretary shall comply with any applicable State water laws. (2) Nothing in this Act affects any water or water-related right of a State, an Indian tribe, or any other entity or person. (d) Required Coordination.--The Secretary shall coordinate with the Northwest Power and Conservation Council; appropriate agencies of the States of Idaho, Oregon, and Washington; and appropriate federally recognized Indian tribes in carrying out the program authorized by this Act. SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMATION LAW. (a) In General.--The Reclamation Act of 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto, shall not apply to the non-Federal water projects at which the fish passage and screening facilities authorized by this Act are located, nor to the lands which such projects irrigate. (b) Nonreimbursable and Nonreturnable Expenditures.-- Notwithstanding any provision of law to the contrary, the expenditures made by the Secretary pursuant to this Act shall not be a project cost assignable to any Federal reclamation project (either as a construction cost or as an operation and maintenance cost) and shall be non- reimbursable and non-returnable to the United States Treasury. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such amounts as are necessary for the purposes of this Act. Passed the Senate July 26, 2005. Attest: EMILY J. REYNOLDS, Secretary.

Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, directly or through financial assistance to non-federal parties, to plan, design, and construct fish passage and screening facilities or habitat improvements at any non-federal water diversion or storage project located anywhere in the Columbia River Basin. Provides such authority when the Secretary determines that such facilities would enable the Bureau to meet its obligations for the construction, operation, and maintenance of federal reclamation projects in the Columbia River Basin, excluding the projects located in the Snake River Basin. Limits the federal share to 75% of project costs. Authorizes the Secretary to assist a non-federal party who owns, operates, or maintains a non-federal water diversion or storage project and associated lands to obtain and comply with any required state, local, or tribal permits. Makes the Secretary subject to all federal laws applicable to activities associated with the construction of a fish passage and screening facility or habitat improvements. Directs the Secretary to: (1) comply with any applicable state water laws; and (2) coordinate with the Northwest Power and Conservation Council, appropriate agencies of the states of Idaho, Oregon, and Washington, and appropriate federally recognized Indian tribes in carrying out the program authorized by this Act. Makes the Reclamation Act of 1902 and other federal reclamation laws inapplicable to the non-federal water projects at which the fish passage and screening facilities authorized by this Act are located and the lands such projects irrigate. Declares that expenditures made by the Secretary under this Act shall not be a project cost assignable to any federal reclamation project and shall be non-reimbursable and non-returnable to the Treasury.

A bill to authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to assist in the implementation of fish passage and screening facilities at non-Federal water projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George Wray Memorial Act of 2001''. SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3) The Commissioner of Social Security may waive the application of the individual's waiting period under clause (i) in the first sentence of paragraph (1) if the Commissioner determines that such individual would otherwise be entitled to disability insurance benefits under this section, that such individual is terminally ill, and that the application of the waiting period would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) in the first sentence of paragraph (1), the individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). For purposes of this paragraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that she would otherwise be entitled to widow's insurance benefits under this section, that she is terminally ill, and that such application of the waiting period would work an undue hardship on her (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), she shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that he would otherwise be entitled to widower's insurance benefits under this section, that he is terminally ill, and that such application would work an undue hardship on him (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), he shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I)'' after ``but only if''; (3) by inserting ``(II)'' after ``duration or''; and (4) by adding at the end the following new clause: ``(ii) The Commissioner of Social Security may waive the application of the five-month requirement under clause (i)(I) if the Commissioner determines that such individual would otherwise be entitled to a period of disability under this paragraph, that such individual is terminally ill, and that the application of such five- month requirement would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). For purposes of this clause, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. SEC. 3. EFFECTIVE DATES. The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after 90 days after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after 90 days after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after 90 days after the date of the enactment of this Act.

George Wray Memorial Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries.

To amend title II of the Social Security Act to authorize waivers by the Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Fair Prepayment Act''. SEC. 2. APPLICATION OF PREPAYMENT AMOUNTS FOR FFEL AND DIRECT LOANS. Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended by adding at the end the following new paragraph: ``(6) Application of prepayment amounts.-- ``(A) Requirement.--Notwithstanding any other provision of this subsection or any other provision of law, with respect to loans made to an eligible borrower under this part or part B, which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, except as otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. ``(B) Eligible borrower.-- ``(i) In general.--For purposes of this paragraph, the term `eligible borrower' means a borrower with no outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower who is not an eligible borrower to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B held by such holder. ``(C) Exceptions.--This paragraph shall not apply to an income-based repayment plan under section 493C or an income contingent repayment plan under section 455(d)(1)(D), such as a Pay As You Earn repayment plan.''. SEC. 3. APPLICATION OF PREPAYMENT AMOUNTS FOR PERKINS LOANS. Section 464(c)(1)(C) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(1)(C)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by adding at the end the following: ``(iii) shall provide that the institution shall, in the case of a borrower with no outstanding balance of fees (including collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, use the excess to prepay (within the meaning of section 674.31(b)(4)(iv) of title 34, Code of Federal Regulations, or a successor regulation) the principal due on the loan with the highest applicable rate of interest among such loans, unless otherwise requested by the borrower in writing; and ``(iv) shall provide that the institution shall, in the case of a borrower with an outstanding balance of fees (such as collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, first apply such excess toward such outstanding balance of fees;''. SEC. 4. APPLICATION OF PREPAYMENT AMOUNTS FOR PRIVATE EDUCATION LOANS. Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) Application of prepayment amounts.-- ``(A) In general.--Notwithstanding any other provision of law, with respect to a borrower with more than one private education loan which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, except as otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans. ``(B) Exception.-- ``(i) In general.--Subparagraph (A) shall not apply to any prepayment amount made by a borrower to a holder if the borrower has an outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower described in subparagraph (B) to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder.''.

Student Loan Fair Prepayment Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require that when the holder of a borrower's loans under the Federal Family Education Loan (FFEL) or William D. Ford Federal Direct Loan (DL) programs receives a prepayment for such loans, it is to be applied first toward any fees due on such loans and then, unless the borrower requests otherwise, toward the principal due on the loan that bears the highest interest rate. Makes that requirement inapplicable to income-based or income contingent repayment plans for FFELs or DLs. Requires an institution of higher education holding a borrower's loans under the Federal Perkins Loan program to first apply any excess payments by the borrower toward any fees due on such loans and then, unless the borrower requests otherwise, toward the principal due on the loan that bears the highest interest rate. Amends the Truth in Lending Act to require a private education loan holder that holds more than one private education loan for a borrower to apply any prepayments on those loans first toward any fees due on such loans and then, unless the borrower requests otherwise, toward the principal due on the loan that bears the highest interest rate.

Student Loan Fair Prepayment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Passenger Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The annual losses in the United States from motor vehicle collisions are estimated to exceed 800 deaths and 80,000 injuries to children under the age of 5. (2) It is estimated that properly used child restraints in motor vehicles can reduce the chance of serious or fatal injury in a motor vehicle collision-- (A) by a factor of 69 percent with respect to infants; and (B) by a factor of 47 percent with respect to children under the age of 5. (3) Some of the most common seating position designs that have emerged in motor vehicles during the last decade make secure installation of child restraints difficult and, in some circumstances, impossible. (4) Results from regional child restraint clinics demonstrated that 70 to 90 percent of child restraints are improperly installed or otherwise misused and the improper installation or other misuse is largely attributable to the complication and wide variations in seat belt and child restraint designs. (5) There is an immediate need to expand the availability of national, State, and local child restraint education programs and supporting resources and materials to assist agencies and associated organizations in carrying out effective public education concerning child restraints. SEC. 3. DEFINITIONS. In this Act: (1) Child restraint education program.--The term ``child restraint education program'' includes a publication, audiovisual presentation, demonstration, or computerized child restraint education program. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (3) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 4. CHILD PASSENGER EDUCATION. (a) Awards.--The Secretary may enter into contracts or cooperative agreements with, and may make grants to, State highway agencies and child passenger safety organizations that are recognized for their experience to obtain and distribute national, State, and local child restraint education programs and supporting educational materials. (b) Use of Funds.--Funds provided to an agency or organization under a contract, cooperative agreement, or grant under subsection (a) shall be used to implement child restraint programs that-- (1) are designed to prevent deaths and injuries to children under the age of 5; and (2) educate the public concerning-- (A) all aspects of the proper installation of child restraints using standard seatbelt hardware, supplemental hardware and modification devices (if needed), including special installation techniques; and (B) appropriate child restraint design selection and placement and in harness threading and harness adjustment; and (3) train and retrain child passenger safety professionals, police officers, fire and emergency medical personnel, and other educators concerning all aspects of child restraint use. (c) Distribution of Funds.--An agency or organization that receives funds made available to the agency or organization under a contract, cooperative agreement, or grant under subsection (a) shall, in carrying out subsection (b)-- (1) use not more than 25 percent of those funds to support nationwide child restraint education programs that are in operation at the time that the funds are made available; (2) use not more than 25 percent of those funds to support State child restraint education programs that are in operation at the time that the funds are made available; and (3) use at least 50 percent of those funds to implement national, State, and local child restraint education programs that are not in operation at the time that the funds are made available. SEC. 5. APPLICATIONS AND REPORTS. (a) Applications.--To enter into a contract, cooperative agreement, or grant agreement under section 4(a), the appropriate official of an agency or organization described in that section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Reports.-- (1) In general.--The appropriate official of each agency or organization that enters into a contract, cooperative agreement, or grant agreement under section 4(a) shall prepare and submit to the Secretary, an annual report for the period covered by the contract, cooperative agreement, or grant agreement. (2) Reports.--A report described in paragraph (1) shall-- (A) contain such information as the Secretary may require; and (B) at a minimum, describe the program activities undertaken with the funds made available under the contract, cooperative agreement, or grant agreement, including-- (i) any child restraint education program that has been developed directly or indirectly by the agency or organization and the target population of that program; (ii) support materials for such a program that have been obtained by that agency or organization and the method by which the agency or organization distributed those materials; and (iii) any initiatives undertaken by the agency or organization to develop public- private partnerships to secure non-Federal support for the development and distribution of child restraint education programs and materials. SEC. 6. REPORT TO CONGRESS. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall prepare, and submit to Congress, a report on the implementation of this Act that includes a description of the programs undertaken and materials developed and distributed by the agencies and organizations that receive funds under section 4(a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out section 4, there are authorized to be appropriated to the Department of Transportation $7,500,000 for each of fiscal years 1998 and 1999, of which not more than $350,000 may be spent in any fiscal year for administrative costs.

Child Passenger Protection Act - Authorizes the Secretary of Transportation to enter into contracts with, and make grants to, State highway offices and experienced child passenger safety organizations to distribute national, State, and local motor vehicle child restraint education programs and supporting educational materials. Authorizes appropriations.

Child Passenger Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Visa Security Improvement Act''. SEC. 2. ENHANCED STUDENT VISA BACKGROUND CHECKS. (a) In General.--Section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended by adding at the end the following: ``(9) Student visas.--In administering the program under this subsection, the Secretary, not later than 180 days after the date of the enactment of the Student Visa Security Improvement Act-- ``(A) shall prescribe regulations to require employees assigned under paragraph (1) to conduct in- person interviews of all applicants recommended by Department of State personnel for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) prior to final adjudication, with special emphasis on determining whether applicants are inadmissible under section 212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)) (relating to terrorist activities); ``(B) shall ensure that employees assigned under paragraph (1) conduct on-site reviews of applications and supporting documentation for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) that they deem appropriate prior to final adjudication; and ``(C) shall update, in consultation with the Secretary of State, the memorandum of understanding between the Department of Homeland Security and the Department of State regarding implementation of this section to clarify the roles and responsibilities of employees assigned under paragraph (1) specifically with regard to the duties prescribed by this paragraph.''. SEC. 3. STUDENT AND EXCHANGE VISITOR PROGRAM. (a) In General.--Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) is amended-- (1) in subsection (a)-- (A) by redesignating paragraph (5) as paragraph (10); and (B) by inserting after paragraph (4) the following: ``(5) Student and exchange visitor program.--In administering the program under paragraph (4), the Secretary shall, not later than one year after the date of the enactment of the Student Visa Security Improvement Act-- ``(A) prescribe regulations to require an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program to ensure that each covered student or exchange visitor enrolled at the institution or attending the exchange visitor program-- ``(i) is an active participant in the program for which the covered student or exchange visitor was issued a visa to enter the United States; ``(ii) is not unobserved for any period-- ``(I) exceeding 30 days during any academic term or program in which the covered student or exchange visitor is enrolled; or ``(II) exceeding 60 days during any period not described in subclause (I); and ``(iii) is reported to the Department if within 10 days-- ``(I) transferring to another institution or program; ``(II) changing academic majors; or ``(III) any other changes to information required to be maintained in the system described in paragraph (4); and ``(B) notwithstanding subparagraph (A), require each covered student or exchange visitor to be observed at least once every 60 days. ``(6) Enhanced access.--The Secretary shall provide access to the Student and Exchange Visitor Information System (hereinafter in this subsection referred to as the `SEVIS'), or other equivalent or successor program or system, to appropriate employees of an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program if-- ``(A) at least two authorized users are identified at each participating institution or exchange visitor sponsor; ``(B) at least one additional authorized user is identified at each such institution or sponsor for every 200 covered students or exchange visitors enrolled at the institution or sponsor; and ``(C) each authorized user is certified by the Secretary as having completed an appropriate training course provided by the Department for the program or system. ``(7) Program support.--The Secretary shall provide appropriate technical support options to facilitate use of the program or system described in paragraph (4) by authorized users. ``(8) Upgrades to sevis or equivalent data.--The Secretary shall update the program or system described in paragraph (4) to incorporate new data fields that include-- ``(A) verification that a covered student's performance meets the minimum academic standards of the institution in which such student is enrolled; and ``(B) timely entry of any information required by paragraph (5) regarding covered students and exchange visitors enrolled at institutions or exchange program sponsors. ``(9) Savings clause.--Nothing in this section shall prohibit the Secretary or any institution or exchange program sponsor participating in the Student Exchange Visitor Program from requiring more frequent observations of covered students or exchange visitors.''; and (2) by adding at the end the following: ``(d) Definitions.--For purposes of this section: ``(1) The term `covered student' means a student who is a nonimmigrant pursuant to subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). ``(2) The term `observed' means positively identified by physical or electronic means. ``(3) The term `authorized user' means an individual nominated by an institution participating in the Student and Exchange Visitor Program and confirmed by the Secretary as not appearing on any terrorist watch list.''. (b) Comptroller General Review.--The Comptroller General shall conduct a review of the fees for the Student and Exchange Visitor Program of the Department of Homeland Security. The Comptroller General shall include in such review data from fiscal years 2007 through 2010 and shall consider fees collected by the Department and all expenses associated with the review, issuance, maintenance, data collection, and enforcement functions of the Student and Exchange Visitor Program. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out sections 2 and 3 of this Act, and the amendments made by such sections, for fiscal year 2011.

Student Visa Security Improvement Act - Amends the the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS) to: (1) require DHS employees to conduct in-person interviews and conduct on-site reviews of applications and supporting documentation with respect to student and exchange program visa applicants prior to final visa adjudication, with emphasis on determining whether an applicant is inadmissible for terrorist-related activities; (2) require an institution or exchange visitor program participating in the Student and Exchange Visitor Program to ensure that each covered student or exchange visitor is an active program participant, is observed, and is reported to DHS if he or she transfers institutions or academic majors; (3) provide Student and Exchange Visitor Information System (SEVIS) access to appropriate employees of a SEVIS program sponsor under specified circumstances; and (4) require a SEVIS upgrade to add data fields that include verification that students are meeting minimum academic standards.

To require the Secretary of Homeland Security to strengthen student visa background checks and improve the monitoring of foreign students in the United States, and for other purposes.

SECTION 1. PROGRAM EXPANSION. The 21st Century Community Learning Centers Act (20 U.S.C. 8241 et seq.) is amended to read as follows: ``PART I--21ST CENTURY COMMUNITY LEARNING CENTERS ``SEC. 10901. SHORT TITLE. ``This part may be cited as the `21st Century Community Learning Centers Act'. ``SEC. 10902. FINDINGS. ``Congress finds the following: ``(1) Each day during the school year, millions of children return to unsupervised homes after school. Each week, between 5,000,000 and 15,000,000 children return from school to empty homes. ``(2) Child care experts believe that there is a direct correlation between the degree of after-school supervision and grade completion. Students who have little or no after-school supervision are more apt to receive poor grades or to drop out of school than students who are engaged in supervised, constructive activities. ``(3) A recent study found that twice as many parents want supervised after-school programs for their children than are currently available. ``(4) Statistically, most juvenile crime takes place between the hours of 2:00 p.m. and 8:00 p.m. and our children are most at risk of being victims of crime during the hours after school. Quality after-school programs help to protect our children while affording them enhanced opportunities to succeed academically. ``(5) Twenty-first century community learning centers serve as a marvelous local resource for our communities to develop the best strategies to integrate after-school programs into the whole education of their youth. Strategies developed locally best fit the unique needs of each community and those of its school-aged citizens. ``SEC. 10903. PROGRAM AUTHORIZATION. ``(a) Grants by the Secretary.--The Secretary is authorized, in accordance with the provisions of this part, to award grants to rural and inner-city schools and organizations, or consortia of such schools or organizations, to enable such schools or organizations to plan, implement, or to expand after-school projects that benefit the educational, health, social service, cultural, and recreational needs of a rural or inner-city youth. ``(b) Equitable Distribution.--In awarding grants under this part, the Secretary shall assure an equitable distribution of assistance among the States, among urban and rural areas of the United States, and among urban and rural areas of a State. ``(c) Grant Period.--The Secretary shall award grants under this part for a period not to exceed 3 years. ``(d) Amount.--The Secretary shall not award a grant under this part in any fiscal year in an amount less than $40,000. ``SEC. 10904. APPLICATION REQUIRED. ``(a) Application.--To be eligible to receive a grant under this part, a school or organization, or consortia of such schools or organizations, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably prescribe. Each such application shall include-- ``(1) a comprehensive local plan that enables the school or organization, or consortia of such schools or organizations, to serve as a center for the delivery of education and human resources for youth through after-school programs; ``(2) an evaluation of the needs, available resources, and goals and objectives for the proposed project in order to determine which activities will be undertaken to address such needs; and ``(3) a description of the proposed project, including-- ``(A) a description of the mechanism that will be used to disseminate information in a manner that is understandable and accessible to the community; ``(B) identification of Federal, State, and local programs to be merged or coordinated so that public resources may be maximized; ``(C) a description of the collaborative efforts to be undertaken by community-based organizations, related public agencies, businesses, or other appropriate organizations; ``(D) a description of how the school, organization, or consortia of such schools or organizations, will serve as a delivery center for existing and new after-school services; and ``(E) an assurance that the school, organization, or consortia of such schools or organizations, will establish a facility utilization policy that specifically states-- ``(i) the rules and regulations applicable to building and equipment use; and ``(ii) supervision guidelines. ``(b) Priority.--The Secretary shall give priority to applications describing projects that offer a broad selection of services which address the needs of youth in after-school programs. ``SEC. 10905. USES OF FUNDS. ``Grants awarded under this part may be used to plan, implement, or expand community learning centers. ``SEC. 10906. DEFINITIONS. ``For the purpose of this part-- ``(1) the term ``community learning center'' means an entity that provides educational, recreational, health, and social service programs for youth within a local community; ``(2) the term ``organization'' means a youth development group, local charity, religious organization, community-based organization, or faith-based organization; ``(3) the term ``school'' means a public elementary or secondary school. ``(4) the term ``after-school program'' means a child care program to assist working parents when school is not in session, including before- and after-school, weekends, holidays, and vacations. ``SEC. 10907. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $1,000,000,000 for fiscal year 2001, and such sums as may be necessary for each succeeding fiscal year thereafter, to carry out this part.''.

Retains the provision that authorizes such grants be used to plan, implement, or expand community learning centers, but eliminates the requirement that such centers include four or more of specified activities. Extends the authorization of appropriations for such grants program.

21st Century Community Learning Centers Act

SECTION 1. SHORT TITLE. (a) The Act may be cited as the ``Kleptocracy Asset Recovery Rewards Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Stolen Asset Recovery Initiative (StAR), a World Bank and United Nations anti-money-laundering effort, estimates that between $20 billion to $40 billion has been lost to developing countries annually through corruption. (2) In 2014, more than $480 million in corruption proceeds hidden in bank accounts around the world by former Nigerian dictator Sani Abacha and his co-conspirators was forfeited through efforts by the Department of Justice. (3) In 2010, the Department of Justice established the Kleptocracy Asset Recovery Initiative, to work in partnership with Federal law enforcement agencies to forfeit the proceeds of foreign official corruption and, where appropriate, return those proceeds to benefit the people harmed by these acts of corruption and abuse of office. (4) Of the $20 billion to $40 billion lost by developing countries annually through corruption, only about $5 billion has been repatriated in the last 15 years. (5) Governments weakened by corruption and loss of assets due to corruption have fewer resources to devote to the fight against terrorism and fewer resources to devote to building strong financial, law enforcement, and judicial institutions to aid in the fight against the financing of terrorism. (6) The United States has a number of effective programs to reward individuals who provide valuable information that assist in the identification, arrest, and conviction of criminal actors and their associates, as well as seizure and forfeiture of illicitly derived assets and the proceeds of criminal activity. (7) The Internal Revenue Service has the Whistleblower Program, which pays awards to individuals who provide specific and credible information to the IRS if the information results in the collection of taxes, penalties, interest or other amounts from noncompliant taxpayers. (8) The Department of State administers rewards programs on international terrorism, illegal narcotics, and transnational organized crime with the goal of bringing perpetrators to justice. (9) None of these existing rewards programs specifically provide monetary incentives for identifying and recovering stolen assets linked solely to foreign government corruption, as opposed to criminal prosecutions or civil or criminal forfeitures. (10) The recovery of stolen assets linked to foreign government corruption and the proceeds of such corruption may not always involve a BSA violation or lead to a forfeiture action. In such cases there would be no ability to pay rewards under existing Treasury Department authorities. (11) Foreign government corruption can take many forms but typically entails government officials stealing, misappropriating, or illegally diverting assets and funds from their own government treasuries to enrich their personal wealth directly through embezzlement or bribes to allow government resources to be expended in ways that are not transparent and may not either be necessary or be the result of open competition. Corruption also includes situations where public officials take bribes to allow government resources to be expended in ways which are not transparent and may not be necessary or the result of open competition. These corrupt officials often use the United States and international financial system to hide their stolen assets and the proceeds of corruption. (12) The individuals who come forward to expose foreign governmental corruption and kleptocracy often do so at great risk to their own safety and that of their immediate family members and face retaliation from persons who exercise foreign political or governmental power. Monetary rewards and the potential award of asylum can provide a necessary incentive to expose such corruption and provide a financial means to provide for their well-being and avoid retribution. (b) Sense of Congress.--It is the sense of Congress that a Department of the Treasury stolen asset recovery rewards program to help identify and recover stolen financial assets linked to foreign government corruption and the proceeds of such corruption hidden behind complex financial structures is needed in order to-- (1) intensify the global fight against corruption; and (2) serve United States efforts to identify and recover such stolen assets, forfeit proceeds of such corruption, and, where appropriate and feasible, return the stolen assets or proceeds thereof to the country harmed by the acts of corruption. SEC. 3. IN GENERAL. (a) Department of the Treasury Kleptocracy Asset Recovery Rewards Program.--Chapter 97 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 9706. Department of the Treasury Kleptocracy Asset Recovery Rewards Program ``(a) Establishment.-- ``(1) In general.--There is established in the Department of the Treasury a program to be known as the `Kleptocracy Asset Recovery Rewards Program' for the payment of rewards to carry out the purposes of this section. ``(2) Purpose.--The rewards program shall be designed to support United States Government programs and investigations aimed at eliminating from accounts at U.S. financial institutions any stolen assets linked to foreign government corruption and the proceeds of such corruption. ``(3) Implementation.--The rewards program shall be administered by, and at the sole discretion of, the Secretary of the Treasury, in consultation, as appropriate, with the Secretary of State, the Attorney General, and the heads of such other departments and agencies as the Secretary may find appropriate. ``(b) Rewards Authorized.--In the sole discretion of the Secretary and in consultation, as appropriate, with the heads of other relevant Federal departments or agencies, the Secretary may pay a reward to any individual who furnishes information leading to-- ``(1) the restraining or seizure of stolen assets in an account at a U.S. financial institution, that come within the United States, or that come within the possession or control of any United States person, including any foreign branch linked to foreign government corruption or the proceeds of foreign government corruption; ``(2) the forfeiture of stolen assets in an account at a U.S. financial institution, that come within the United States, or that come within the possession or control of any United States person linked to foreign government corruption or the proceeds of foreign government corruption; or ``(3) where appropriate, the repatriation of stolen assets in an account at a U.S. financial institution, that come within the United States, or that come within the possession or control of any United States person linked to foreign government corruption or proceeds of foreign government corruption. ``(c) Coordination.-- ``(1) Procedures.--To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with any other payment authorized by the Department of Justice or other Federal law enforcement agencies for the obtaining of information or other evidence, the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the heads of such other agencies as the Secretary may find appropriate, shall establish procedures for the offering, administration, and payment of rewards under this section, including procedures for-- ``(A) identifying actions with respect to which rewards will be offered; ``(B) the receipt and analysis of data; and ``(C) the payment of rewards and approval of such payments. ``(2) Prior approval of the attorney general required.-- Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of the Treasury shall obtain the written concurrence of the Attorney General. ``(d) Payment of Rewards.-- ``(1) Source of payments.--Any rewards paid pursuant to this section shall be paid from the Department of the Treasury Forfeiture Fund. ``(2) Limitation on annual payments.--Except as provided under paragraph (3), the total amount of rewards paid pursuant to this section may not exceed $25,000,000 in any calendar year. ``(3) Presidential authority.--The President may waive the limitation under paragraph (2) with respect to a calendar year if the President provides written notice of such waiver to the Secretary and the appropriate committees of the Congress at least 30 days before any payment in excess of such limitation is made pursuant to this section. ``(e) Limitations and Certification.-- ``(1) Submission of information.--No award may be made under this section based on information submitted to the Secretary unless such information is submitted under penalty of perjury. ``(2) Maximum amount.--No reward paid under this section may exceed $5,000,000, except as personally authorized in writing by the Secretary, if the Secretary determines that offer or payment of a reward of a greater amount is necessary in exceptional cases. ``(3) Approval.-- ``(A) In general.--No reward amount may be paid under this section without the written approval and certification of the Secretary. ``(B) Delegation.--The Secretary may not delegate the certification required under subparagraph (A) to anyone other than an Under Secretary of the Department of the Treasury. ``(4) Protection measures.--If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Secretary shall take such measures in connection with the payment of the reward as the Secretary considers necessary to effect such protection. ``(5) Forms of reward payment.--The Secretary may make a reward under this section in the form of a monetary payment. ``(f) Ineligibility, Reduction in, or Denial of Reward.-- ``(1) Officer and employees.--An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of official duties, furnishes information described under subsection (b) shall not be eligible for a reward under this section. ``(2) Participating individuals.--If the claim for a reward is brought by an individual who planned, initiated, directly participated in, or facilitated the actions that led to assets of a foreign state or governmental entity being stolen, misappropriated, or illegally diverted or to the payment of bribes or other foreign governmental corruption, the Secretary may appropriately reduce such award. If such individual is convicted of criminal conduct arising from the role described in the preceding sentence, the Secretary shall deny any reward. ``(g) Determinations of Secretary.--A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review. ``(h) Report.-- ``(1) In general.--Within 180 days of the enactment of this section, and annually thereafter, the Secretary shall issue a report to the appropriate committees of the Congress-- ``(A) detailing to the greatest extent possible the amount, location, and ownership or beneficial ownership of any stolen assets that, on or after the date of the enactment of this section, come within the United States or that come within the possession or control of any United States person, including any foreign branch; ``(B) discussing efforts being undertaken to identify more such stolen assets and their owners or beneficial owners; and ``(C) including a discussion of the interactions of the Department of the Treasury with the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act) to identify the amount, location, and ownership, or beneficial ownership, of stolen assets held in financial institutions outside the United States. ``(2) Exception for ongoing investigations.--The report issued under paragraph (1) shall not include information related to ongoing investigations. ``(i) Definitions.--For purposes of this section: ``(1) Appropriate committees of the congress.--The term `appropriate committees of the Congress' means the Committees on Financial Services, Foreign Affairs, and the Judiciary of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs, Foreign Relations, and the Judiciary of the Senate. ``(2) Financial asset.--The term `financial asset' means any funds, as defined by the Secretary, that on or after the date of the enactment of this section come within the United States or that come within the possession or control of any United States person, including any foreign branch. Such term shall include-- ``(A) cash; ``(B) equity; or ``(C) any other intangible asset whose value is derived from a contractual claim, including bank deposits, bonds, stocks, a security as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)), or a security or an equity security as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). ``(3) Foreign government corruption.--The term foreign government corruption includes bribery of a foreign public official, or the misappropriation, theft, or embezzlement of public funds or property by or for the benefit of a foreign public official. ``(4) Immediate family member.--The term `immediate family member', with respect to an individual, has the meaning given the term `member of the immediate family' under section 36(k) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)). ``(5) Rewards program.--The term `rewards program' means the program established in subsection (a)(1) of this section. ``(6) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``(7) Stolen assets.--The term `stolen assets' means financial assets within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from foreign government corruption.''. (b) Report on Disposition of Recovered Assets.--Within 180 days of the enactment of this Act, the Secretary of the Treasury shall issue a report to the appropriate committees of Congress (as defined under section 9706(i) of title 31, United States Code) describing policy choices for disposition of stolen assets recovered pursuant to section 9706 of title 31, United States Code. (c) Table of Contents Amendment.--The table of contents for chapter 97 of title 31, United States Code, is amended by adding at the end the following: ``9706. Department of the Treasury Kleptocracy Asset Recovery Rewards Program.''.

Kleptocracy Asset Recovery Rewards Act This bill establishes in the Department of the Treasury a Kleptocracy Asset Recovery Rewards Program for the payment of rewards to support U.S. government programs and investigations aimed at eliminating from accounts at U.S. financial institutions any stolen assets linked to foreign government corruption and the proceeds of such corruption. Treasury may pay a reward to any individual who furnishes information leading to the restraining, seizure, forfeiture, or repatriation of stolen assets in an account at a U.S. financial institution, that come within the United States, or that come within the possession or control of any U.S. person linked to foreign government corruption. U.S. or foreign government employees are not eligible for such a reward. Treasury shall: (1) establish procedures for the offering, administration, and payment of such rewards in order to ensure that the payment of rewards pursuant to this bill does not duplicate or interfere with any other payment authorized by the Department of Justice (DOJ) or other federal law enforcement agencies for the obtaining of information or other evidence; and (2) obtain the written concurrence of DOJ before making such a reward under this bill in a matter over which there is federal criminal jurisdiction. Such rewards shall be paid from the Department of the Treasury Forfeiture Fund. The total amount of rewards paid may not exceed $25 million in any calendar year. The President may waive such limitation after providing prior notice to Congress. No single reward may exceed $5 million, except as Treasury determines necessary in exceptional cases. Treasury may reduce or deny awards to individuals claiming awards who were involved in actions leading to the misappropriation or diversion of stolen assets or other foreign government corruption. Treasury shall: (1) report annually regarding stolen assets, and (2) report describing policy choices for the disposition of recovered stolen assets.

Kleptocracy Asset Recovery Rewards Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; SEVERABILITY; EFFECTIVE DATE. (a) Short Title.--This Act may be cited as the ``Emergency Immigration Workload Reduction and Homeland Security Enhancement Act of 2003''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; severability; effective date. Sec. 2. Findings. Sec. 3. Temporary suspension of visa waiver program. Sec. 4. Temporary suspension of adjustment of status. Sec. 5. Temporary suspension of renewals of temporary protected status. Sec. 6. Temporary suspension of certain immigrant visa programs. Sec. 7. Restriction of nonimmigrant visas for nationals of countries denying or delaying acceptance of aliens. Sec. 8. Waivers of temporary suspensions. Sec. 9. Termination of temporary suspensions. Sec. 10. Suspension of nonimmigrant visas. Sec. 11. Temporary funding for detention and removal assistance provided by State and local law enforcement agencies. (c) Severability.--If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act, and the application of this Act to any other person or circumstance, shall not be affected by such holding. (d) Effective Date.--This Act shall take effect in each local time zone upon the commencement in such zone of the first Sunday that occurs two weeks after the date of the enactment of this Act. SEC. 2. FINDINGS. The Congress finds as follows: (1) The effective establishment and organization of the Directorate of Border and Transportation Security of the Department of Homeland Security is imperative if the Directorate is to carry out the immigration enforcement responsibilities delegated to it by the Congress in the manner expected by the American people. (2) The effective implementation of these duties will not be achieved without an unacceptable compromise to the security interests of the United States unless certain immigration programs are temporarily suspended, and other material assistance is provided to law enforcement agencies and other entities that support the immigration enforcement functions of the Directorate, until such time as the Secretary of Homeland Security can make the certifications to Congress required in section 9. (3) Such certifications, taken together, will establish the effective operational transfer of immigration enforcement functions to the new Directorate. SEC. 3. TEMPORARY SUSPENSION OF VISA WAIVER PROGRAM. The admission of aliens to the United States under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is suspended. SEC. 4. TEMPORARY SUSPENSION OF ADJUSTMENT OF STATUS. (a) In General.--The authority of the Secretary of Homeland Security to adjust the status of any alien to that of an alien lawfully admitted for permanent residence under section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) or section 245 of such Act (8 U.S.C. 1187), is suspended. (b) Effect on Applications.--The suspension described in subsection (a) shall include the suspension of acceptance for filing of applications for the adjustments of status described in such subsection. SEC. 5. TEMPORARY SUSPENSION OF RENEWALS OF TEMPORARY PROTECTED STATUS. The authority of the Secretary of Homeland Security to extend any designation made under subparagraph (B) or (C) of section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254(b)(1)) is suspended. SEC. 6. TEMPORARY SUSPENSION OF CERTAIN IMMIGRANT VISA PROGRAMS. (a) Brothers and Sisters of Citizens.--The allocation of family- sponsored immigrant visas to alien brothers and sisters of citizens under section 203(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(4)), and the admission of such aliens to the United States as immigrants, is suspended. (b) Sons and Daughters of Citizens.--The allocation of family- sponsored immigrant visas to alien sons and daughters of citizens under paragraph (1) or (3) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)), and the admission of such aliens to the United States as immigrants, is suspended. (c) Unmarried Sons and Daughters of Permanent Resident Aliens.-- (1) In general.--The allocation of family-sponsored immigrant visas to aliens who are the unmarried sons and daughters (but are not the children) of an alien lawfully admitted for permanent residence under section 203(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(B)), and the admission of such aliens to the United States as immigrants, is suspended. (2) Children.--The allocation of family-sponsored immigrant visas to aliens who are the children of an alien lawfully admitted for permanent residence under section 203(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(A)), and the admission of such aliens to the United States as immigrants, is suspended, except that this paragraph shall not apply to dependent children who are under 18 years of age at the time an immigrant visa becomes available to the child. (d) Diversity Immigrants.--The allocation of immigrant visas to aliens under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)), and the admission of such aliens to the United States as immigrants, is suspended. (e) Effect on Classification Petitions.--The suspensions of immigrant visa allocations described in this section shall include the suspension of acceptance for filing of petitions for classification under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) with respect to the affected immigrant visa categories. SEC. 7. RESTRICTION OF NONIMMIGRANT VISAS FOR NATIONALS OF COUNTRIES DENYING OR DELAYING ACCEPTANCE OF ALIENS. (a) Public Listing of Aliens With No Significant Likelihood of Removal.-- (1) In general.--The Secretary of Homeland Security shall establish and maintain a public listing of every alien who is subject to a final order of removal and with respect to whom the Secretary or any Federal court has determined that there is no significant likelihood of removal in the reasonably foreseeable future due to the refusal, or unreasonable delay, of all countries designated by the alien or under this section to receive the alien. (2) Discontinuation of visas.--In the case of any foreign state for which 24 or more of the citizens, subjects, or nationals of such state appear on the public listing described in paragraph (1), such foreign state shall be deemed to have denied or unreasonably delayed the acceptance of such aliens, and the Secretary of Homeland Security shall make the notification to the Secretary of State prescribed in section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)). Consular officers in such foreign state shall accordingly discontinue the issuance of nonimmigrant visas to citizens, subjects, or nationals of the state. (b) Sunset.--Subsection (a) shall sunset in accordance with section 9. SEC. 8. WAIVERS OF TEMPORARY SUSPENSIONS. (a) In General.--The Secretary of Homeland Security may, in the Secretary's discretion-- (1) waive on an individual case-by-case basis sections 4, 6, and 7; or (2) waive, with the concurrence for the Secretary of State, section 3 for designated classes of applicants, if such applicants are not inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under section 237(a) of such Act (8 U.S.C 1227). (b) Delegation.--The Secretary of Homeland Security may, in the discretion of the Secretary, delegate to the Secretary of State, for designated classes of applicants, the waiver authority of subsection (a)(1) with respect to sections 6 and 7. SEC. 9. TERMINATION OF TEMPORARY SUSPENSIONS. Sections 3 through 8 shall cease to be effective one week after the certification by the Secretary of Homeland Security to the Congress that the following conditions are satisfied: (1) The integrated entry and exit data system required by the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215), including the requirements added by section 302(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107- 173), is fully operational at all ports of entry. (2) The system of machine-readable tamper-resistant visas and other travel and entry documents required by section 302(b) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173), as well as the technology standard for visa waiver program participants required by section 302(c) of such Act, are fully operational at all ports of entry and, where applicable, at consular posts abroad. (3) The Department of Homeland Security has the operational capability to take into custody and remove from the United States any alien described in section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) who has been brought to the attention of the Service by a State or local law enforcement agency. (4) Adequate Federal funds have been appropriated and are available to reimburse all verified claims described in section 11. (5) The data system for the registration of aliens under chapter 7 of title II of the Immigration and Nationality Act (8 U.S.C. 261 et seq.) is fully operational and-- (A) is fully compliant with the data system integration and interoperability standards enacted in section 202(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173); (B) ensures the entry of all registrations made in accordance with section 221(b) of the Immigration and Nationality Act (8 U.S.C. 1201(b)) into the registration system at the time at the time of the relevant visa application; (C) ensures that all other registrations made under procedures required by section 264 of such Act (8 U.S.C. 1304) are entered into the data system within 72 hours of submission by the alien of an approved form of registration; and (D) ensures that all notices of change of address required by section 265 of such Act (8 U.S.C. 1305) are entered in the data system within 5 working days of submission by the alien of an approved change of address form. (6) A program for the random audit of the backlog of applications for changes in immigration status by aliens present in the United States existing on the effective date of this Act has been fully implemented by the Department of Homeland Security. (7) The program described in paragraph (6) reliably indicates that the incidence of fraud or false statements is no more than 3 percent of all approved applications. (8) The foreign student monitoring system described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (8 U.S.C. 1372), as amended and expanded by sections 501 and 502 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173), is fully operational, and no educational institution certified to receive nonimmigrant students under subparagraph (F), (M), or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) registers or admits aliens present in the United States in violation of law. (9) The number of aliens removed from the United States, during each of 4 months preceding the month in which the certification under this section is executed, was at least 25 percent higher than in the comparable months of the previous year. (10) All reports and plans, and all operational transfers of functions, required under title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) have been successfully performed and implemented to the extent required by law as of the certification date. (11) The elimination of the backlog of immigration benefit applications required by section 458 of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2201) has been completed. (12) The annual report required by section 205(b) of the American Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1574(b)), for the fiscal year preceding the date of the certification, has been submitted to the Congress. (13) Process changes described in section 205(b)(2)(C)(vi) of the American Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1574(b)(2)(C)(vi)) have been implemented and are substantially operational. SEC. 10. SUSPENSION OF NONIMMIGRANT VISAS. (a) In General.--The authority of the Secretary of State to issue nonimmigrant visas is suspended. The authority of the Secretary of Homeland Security to admit nonimmigrant aliens into the United States is suspended. (b) Effect on Applications.--The suspensions described in subsection (a) shall include the suspension of acceptance for filing of applications for nonimmigrant visas and applications for admission as a nonimmigrant. (c) Waivers Authorized.--The Secretary of Homeland Security may, in the Secretary's discretion, waive the application of subsection (a) in the case of any alien or class of aliens if the following conditions are satisfied: (1) Section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c), and any other provision of law authorizing the issuance of diversity immigrant visas, is repealed. (2) Personal interviews are mandatory for admission of aliens to the United States under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187). (3) The Secretary, with the Secretary of State, verifies that each alien admitted on the basis of a nonimmigrant visa has had a personal interview with a consular officer prior to the issuance of the visa. (d) Construction.--During any period in which a waiver granted under subsection (c) applies to aliens barred from receipt of nonimmigrant visas under section 7(a)(2), the bar shall supersede the waiver. SEC. 11. TEMPORARY FUNDING FOR DETENTION AND REMOVAL ASSISTANCE PROVIDED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES. The Secretary of Homeland Security shall reimburse verifiable claims submitted by a law enforcement agency of a State, or any political subdivision of a State, that were lawfully incurred for the emergency medical care, housing, and care in a secure facility, and the transportation into Federal custody at a location designated by the Secretary, of any alien detained as inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under section 237(a) of such Act (8 U.S.C. 1227(a)), if-- (1) transfer to Federal custody has occurred; (2)(A) a determination is subsequently made under section 240(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(1)) that such alien is removable; or (B) a determination is made that the alien has permanently departed the United States; (3) reimbursement for all costs excepting transportation costs is made according to a per diem rate established by the Secretary; and (4) the first day of such detention is not later than the date on which the certification described in section 9 is made.

Emergency Immigration Workload Reduction and Homeland Security Enhancement Act of 2003 - Suspends the following immigration-related authorities: (1) the visa waiver program; (2) adjustment to permanent resident status; (3) renewal of temporary protected status; (4) the diversity immigrant visa program; and (5) certain family-related immigrant visa programs. Authorizes specified waiver authority.Directs: (1) the Secretary of Homeland Security to establish a public listing of every alien subject to a final order of deportation for whom the appropriate country of return has refused or unreasonably delayed such action; and (2) that U.S. visa issuance be discontinued in a country which has 24 or more listed individuals.Sets forth conditions for waiver of such suspension and related provisions.Suspends authorities of the Secretary and the Secretary of State's to issue nonimmigrant visas.Directs the Secretary to reimburse State and local law enforcement agencies for certain alien-related detention and removal costs.

To suspend certain nonessential visas, in order to provide temporary workload relief critical to the successful reorganization of the immigration and naturalization functions of the Department of Homeland Security, to ensure that the screening and monitoring of arriving immigrants and nonimmigrants, and the deterrence of entry and settlement by illegal or unauthorized aliens, is sufficient to maintain the integrity of the sovereign borders of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Indian Gambling Reform Act of 2005''. SEC. 2. CONSULTATION WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS. Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is amended-- (1) in subsection (a), by striking paragraph (2) and inserting the following: ``(2) the Indian tribe has no reservation as of October 17, 1988, and the land is located in the State of Oklahoma and-- ``(A) is within the boundaries of the former reservation of the Indian tribe, as defined by the Secretary; or ``(B) is contiguous to other land held in trust or restricted status by the United States for the benefit of the Indian tribe in the State of Oklahoma.''; (2) in subsection (b)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) in paragraph (4) (as redesignated by subparagraph (A)), by striking ``paragraph (2)(B)'' and inserting ``paragraph (3)(B)''; and (C) by striking ``(b)(1) Subsection'' and all that follows through clause (iii) of paragraph (1)(B) and inserting the following: ``(b) Exceptions.-- ``(1) In general.-- ``(A) Effect on community.--Subject to subparagraph (B) and paragraph (2), subsection (a) shall not apply to Indian lands for which the Secretary, after consultation with the Indian tribe and officials of all State, local, and tribal governments that have jurisdiction over land located within 60 miles of such Indian lands, determines that a gaming establishment on that land-- ``(i) would be in the best interest of the Indian tribe and its members; and ``(ii) taking into consideration the results of a study of the economic impact of the gaming establishment, would not have a negative economic impact, or any other negative effect, on any unit of government, business, community, or Indian tribe located within 60 miles of the land. ``(B) Concurrence of affected state.--For a determination of the Secretary under subparagraph (A) to become valid, the Governor and legislative body of the State in which a gaming activity is proposed to be conducted shall concur in the determination. ``(C) Effect of paragraph.--This paragraph shall not apply to any land on which a gaming facility is in operation as of the date of enactment of the Common Sense Indian Gambling Reform Act of 2005. ``(2) Primary nexus.-- ``(A) In general.--The land described in paragraph (1) shall be land-- ``(i) within a State in which the Indian tribe is primarily located, as determined by the Secretary; and ``(ii) on which the primary geographic, social, and historical nexus to land of the Indian tribe is located, as determined in accordance with subparagraph (B). ``(B) Determination.--For purposes of subparagraph (A), a geographic, social, and historical nexus to land of an Indian tribe shall exist with respect to land that is-- ``(i)(I) owned by, or held in trust by the United States for the benefit of, an Indian tribe; ``(II) located within the boundaries of-- ``(aa) the geographical area, as designated by the Secretary, in which financial assistance and social service programs are provided to the Indian tribe, including land on or contiguous to a reservation; or ``(bb) the geographical area designated by the Indian tribe during the Federal acknowledgment process of the Indian tribe as the area in which more than 50 percent of the members of the Indian tribe reside in a group composed exclusively or almost exclusively of members of the Indian tribe; and ``(III) located within the geographical area in which the Indian tribe demonstrates that the Indian tribe has historically resided, as determined by the Secretary; or ``(ii) located-- ``(I) in a State other than the State of Oklahoma; and ``(II) within the boundaries of the last recognized reservation of the Indian tribe in any State in which the Indian tribe is located as of the date on which a determination under this subparagraph is made.''; (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (4) by inserting after subsection (b) the following: ``(c) Contiguous Land Requirement.--Notwithstanding any other provision of this Act, an Indian tribe shall conduct any gaming activity subject to regulation under this Act on 1 contiguous parcel of Indian lands.''. SEC. 3. TRIBAL GAMING ORDINANCES. Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (A), by striking ``, and'' and inserting a semicolon; (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 class II gaming is conducted-- ``(i) on lands that were Indian lands before the date of enactment of this subparagraph; or ``(ii) on land taken into trust for the benefit of the Indian tribe after the date of enactment of this subparagraph, but only if the application of the Indian tribe requesting that the land be taken into trust for the benefit of the Indian tribe stated the intent of the Indian tribe to conduct class II gaming activities on the land.''; and (2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in clause (i), by striking ``such lands,'' and inserting ``the Indian lands;''; (II) in clause (ii), by striking ``, and'' and inserting ``; and''; and (III) in clause (iii), by striking the comma at the end and inserting a semicolon; (ii) in subparagraph (B), by striking ``, and'' and inserting a semicolon; (iii) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(D) conducted-- ``(i) on lands that were Indian lands before the date of enactment of this subparagraph; or ``(ii) on land taken into trust for the benefit of the Indian tribe after the date of enactment of this subparagraph, but only if the application of the Indian tribe requesting that the land be taken into trust for the benefit of the Indian tribe stated the intent of the Indian tribe to conduct class III gaming activities on the land.''; and (B) by adding at the end the following: ``(10) Definition of state.--In this subsection, the term `State' means the Governor of the State and the legislative body of the State.''. SEC. 4. INVESTIGATION AND APPROVAL. (a) Powers of the Chairman.--Section 6(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2705(a)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) approve or disapprove the involvement in a gaming activity subject to regulation by the Commission of any 1 of the 10 persons or entities that have the highest financial interest in the gaming activity, as identified by the Commission under section 7(b)(3)(A).''. (b) Powers of the Commission.--Section 7(b) of the Indian Gaming Regulatory Act (25 U.S.C. 2706(b)) is amended by striking paragraph (3) and inserting the following: ``(3) shall-- ``(A) identify the 10 persons or entities that have the highest financial interest (including outstanding loans, debt-based financing, and other financial interests) in each gaming activity subject to regulation by the Commission; and ``(B) conduct a background investigation of-- ``(i) each of the persons and entities identified under subparagraph (A); and ``(ii) any other person or entity, as the Commission determines to be appropriate.''. (c) Tribal Gaming Ordinances.--Section 11(b)(2)(F) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(b)(2)(F)) is amended by striking clause (i) and inserting the following: ``(i) ensures that-- ``(I) a background investigation will be conducted by the Commission on-- ``(aa) each tribal gaming commissioner; ``(bb) key tribal gaming employees, as determined by the Commission; ``(cc) primary management officials; and ``(dd) key employees of the gaming enterprise; and ``(II) oversight of the individuals described in subclause (I) will be conducted on an ongoing basis; and''. (d) Commission Funding.--Section 18(a)(2)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)(2)(B)) is amended by striking ``$8,000,000'' and inserting ``$16,000,000''. SEC. 5. CHANGING USE OF INDIAN LAND. The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is amended-- (1) by redesignating sections 21 through 24 as sections 22 through 25, respectively; and (2) by inserting after section 20 the following: ``SEC. 21. CHANGING USE OF INDIAN LANDS. ``Before an Indian tribe uses any Indian lands for purposes of class II or class III gaming, the Indian tribe shall-- ``(1) submit to the Secretary an environmental impact statement that the Secretary determines to be in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to that use; and ``(2) obtain the consent of the Secretary with respect to the change in use of the Indian lands.''. SEC. 6. EFFECT OF ACT. This Act, and the amendments made by this Act, shall not affect any compact or other agreement relating to gaming subject to regulation under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) in existence on the date of enactment of this Act.

Common Sense Indian Gambling Reform Act - Amends the Indian Gaming Regulatory Act with respect to: (1) consultation with state, local, and tribal governments; (2) tribal gaming ordinances; (3) investigation and approval of the involvement in a gaming activity; and (4) changing use of Indian land.

A bill to make technical corrections to the Indian Gaming Regulatory Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Agricultural Business Security Tax Credit Act of 2004''. SEC. 2. AGRICULTURAL CHEMICALS SECURITY CREDIT. (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. 45G. AGRICULTURAL CHEMICALS SECURITY CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 50 percent of the aggregate amount paid or incurred by the eligible agricultural business for the purpose of protecting any specified hazardous chemical or any food-use pesticide from unauthorized access. ``(b) Facility Limitation.--The amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed-- ``(1) $50,000, reduced by ``(2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years. ``(c) Annual Limitation.--The amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000. ``(d) Eligible Agricultural Business.--For purposes of this section, the term `eligible agricultural business' means any person in the trade or business of-- ``(1) being a retailer of agricultural products, or ``(2) manufacturing, formulating, or distributing food-use pesticides. ``(e) Specified Hazardous Chemicals.--For purposes of this section, the term `specified hazardous chemical' means any extremely hazardous substance listed under section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, and any hazardous material listed under section 101 of part 172 of title 49, Code of Federal Regulations, which is held for sale in the trade or business of being a retailer of agricultural products. ``(f) Food-Use Pesticide.--For purposes of this section, the term `food-use pesticide' means any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on food, feed, or crops. ``(g) Controlled Groups.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(h) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which-- ``(1) provide for the proper treatment of amounts which are paid or incurred for the purpose of protecting any specified hazardous chemical or any food-use pesticide and for other purposes, and ``(2) provide for the treatment of related properties as one facility for purposes of subsection (b).''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of an eligible agricultural business (as defined in section 45G(d)), the agricultural chemicals security credit determined under section 45G(a).''. (c) No Carrybacks.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 46g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the agricultural chemicals security credit determined under section 45G may be carried back to a taxable year beginning before the date of the enactment of this paragraph.''. (d) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Security of Agricultural Chemicals.--No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a).''. (e) 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. 45G. Agricultural chemicals security credit.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Agricultural Business Security Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow a retailer of agricultural products or a manufacturer, formulator, or distributor of food-use pesticides a business tax credit for up to 50 percent of the cost of protecting certain hazardous chemicals or food-use pesticides from unauthorized access. Sets an annual limit on such credit of $2 million and a per facility limitation of $50,000 (reduced by credits received for the five prior taxable years).

A bill to amend the Internal Revenue Code of 1986 to provide a credit to certain agriculture-related businesses for the cost of protecting certain chemicals.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Comprehensive Tuberculosis Elimination Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES IN COORDINATION WITH THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND OTHER APPROPRIATE AGENCIES Subtitle A--National Strategy for Combating and Eliminating Tuberculosis Sec. 101. National strategy. Subtitle B--Interagency Collaboration Sec. 111. Advisory Council for Elimination of Tuberculosis and the Federal Tuberculosis Task Force . Subtitle C--Evaluation of Public Health Authorities Sec. 121. Evaluation of public health authorities. Subtitle D--Authorization of Appropriations Sec. 131. Authorizations of appropriations. TITLE II--NATIONAL INSTITUTES OF HEALTH Sec. 201. Research and development concerning tuberculosis. TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES IN COORDINATION WITH THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND OTHER APPROPRIATE AGENCIES Subtitle A--National Strategy for Combating and Eliminating Tuberculosis SEC. 101. NATIONAL STRATEGY. Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (1) by striking the heading for the section and inserting the following: ``national strategy for combating and eliminating tuberculosis''; (2) by amending subsection (b) to read as follows: ``(b) Research and Development; Demonstration Projects; Education and Training.--With respect to the prevention, treatment, control, and elimination of tuberculosis, the Secretary may, directly or through grants to public or nonprofit private entities, carry out the following: ``(1) Research, with priority given to research and development concerning latent tuberculosis infection, strains of tuberculosis resistant to drugs, and research concerning cases of tuberculosis that affect certain populations at risk for tuberculosis. ``(2) Research and development and related activities to develop new tools for the elimination of tuberculosis, including drugs, diagnostics, vaccines, and public health interventions, such as directly observed therapy and non-pharmaceutical intervention, and methods to enhance detection and response to outbreaks of tuberculosis, including multidrug resistant tuberculosis. The Secretary is encouraged to give priority to programmatically relevant research so that new tools can be utilized in public health practice. ``(3) Demonstration projects for-- ``(A) the development of regional capabilities to prevent, control, and eliminate tuberculosis and prevent multidrug resistant and extensively drug resistant strains of tuberculosis; ``(B) the intensification of efforts to reduce health disparities in the incidence of tuberculosis; ``(C) the intensification of efforts to control tuberculosis along the United States-Mexico border and among United States-Mexico binational populations, including through expansion of the scope and number of programs that-- ``(i) detect and treat binational cases of tuberculosis; and ``(ii) treat high-risk cases of tuberculosis referred from Mexican health departments; ``(D) the intensification of efforts to prevent, detect, and treat tuberculosis among foreign-born persons who are in the United States; ``(E) the intensification of efforts to prevent, detect, and treat tuberculosis among populations and settings documented as having a high risk for tuberculosis; and ``(F) tuberculosis detection, control, and prevention. ``(4) Public information and education activities. ``(5) Education, training, clinical skills improvement activities, and workplace exposure prevention for health professionals, including allied health personnel and emergency response employees. ``(6) Support of Centers to carry out activities under paragraphs (1) through (4). ``(7) Collaboration with international organizations and foreign countries in carrying out such activities. ``(8) Develop, enhance, and expand information technologies that support tuberculosis control including surveillance and database management systems with cross-jurisdictional capabilities, which shall conform to the standards and implementation specifications for such information technologies as recommended by the Secretary.''; and (3) in subsection (d), by adding at the end the following: ``(3) Determination of amount of nonfederal contributions.-- ``(A) Priority.--In awarding grants under subsection (a) or (b), the Secretary shall give highest priority to an applicant that provides assurances that the applicant will contribute non-Federal funds to carry out activities under this section, which may be provided directly or through donations from public or private entities and may be in cash or in kind, including equipment or services. ``(B) Federal amounts not to be included as contributions.--Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of non-Federal contributions as described in subparagraph (A).''. Subtitle B--Interagency Collaboration SEC. 111. ADVISORY COUNCIL FOR ELIMINATION OF TUBERCULOSIS AND THE FEDERAL TUBERCULOSIS TASK FORCE. (a) In General.--Section 317E(f) of the Public Health Service Act (42 U.S.C. 247b-6(f)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by striking paragraphs (2) through (4), and inserting the following: ``(2) Duties.--The Council shall provide advice and recommendations regarding the elimination of tuberculosis to the Secretary. In addition, the Council shall, with respect to eliminating such disease, provide to the Secretary and other appropriate Federal officials advice on-- ``(A) coordinating the activities of the Department of Health and Human Services and other Federal agencies that relate to the disease, including activities under subsection (b); ``(B) responding rapidly and effectively to emerging issues in tuberculosis; and ``(C) efficiently utilizing the Federal resources involved. ``(3) Comprehensive plan.-- ``(A) In general.--In carrying out paragraph (2), the Council shall make or update recommendations on the development, revision, and implementation of a comprehensive plan to eliminate tuberculosis in the United States. ``(B) Consultation.--In carrying out subparagraph (A), the Council may consult with appropriate public and private entities, which may, subject to the direction or discretion of the Secretary, include-- ``(i) individuals who are scientists, physicians, laboratorians, and other health professionals, who are not officers or employees of the Federal Government and who represent the disciplines relevant to tuberculosis elimination; ``(ii) members of public-private partnerships or private entities established to address the elimination of tuberculosis; ``(iii) members of national and international nongovernmental organizations whose purpose is to eliminate tuberculosis; ``(iv) members from the general public who are knowledgeable with respect to tuberculosis elimination including individuals who have or have had tuberculosis; and ``(v) scientists, physicians, laboratorians, and other health professionals who reside in a foreign country with a substantial incidence or prevalence of tuberculosis, and who represent the specialties and disciplines relevant to the research under consideration. ``(C) Certain components of plan.--In carrying out subparagraph (A), the Council shall, subject to the direction or discretion of the Secretary-- ``(i) consider recommendations for the involvement of the United States in continuing global and cross-border tuberculosis control activities in countries where a high incidence of tuberculosis directly affects the United States; and ``(ii) review the extent to which progress has been made toward eliminating tuberculosis. ``(4) Biennial report.-- ``(A) In general.--The Council shall submit a biennial report to the Secretary, as determined necessary by the Secretary, on the activities carried under this section. Each such report shall include the opinion of the Council on the extent to which its recommendations regarding the elimination of tuberculosis have been implemented, including with respect to-- ``(i) activities under subsection (b); and ``(ii) the national plan referred to in paragraph (3). ``(B) Public.--The Secretary shall make a report submitted under subparagraph (A) public. ``(5) Composition.--The Council shall be composed of-- ``(A) ex officio representatives from the Centers for Disease Control and Prevention, the National Institutes of Health, the United States Agency for International Development, the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, the United States-Mexico Border Health Commission, and other Federal departments and agencies that carry out significant activities related to tuberculosis; ``(B) State and local tuberculosis control and public health officials; ``(C) individuals who are scientists, physicians, laboratorians, and other health professionals who represent disciplines relevant to tuberculosis elimination; and ``(D) members of national and international nongovernmental organizations established to address the elimination of tuberculosis.''. (b) Rule of Construction Regarding Current Membership.--With respect to the advisory council under section 317E(f) of the Public Health Service Act, the amendments made by subsection (a) may not be construed as terminating the membership on such council of any individual serving as such a member as of the day before the date of the enactment of this Act. (c) Federal Tuberculosis Task Force.--Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following subsection: ``(g) Federal Tuberculosis Task Force.-- ``(1) Duties.--The Federal Tuberculosis Task Force (in this subsection referred to as the `Task Force') shall provide to the Secretary and other appropriate Federal officials advice on research into new tools under subsection (b)(2), including advice regarding the efficient utilization of the Federal resources involved. ``(2) Comprehensive plan for new tools development.--In carrying out paragraph (1), the Task Force shall make recommendations on the development of a comprehensive plan for the creation of new tools for the elimination of tuberculosis, including drugs, diagnostics, and vaccines. ``(3) Consultation.--In developing the comprehensive plan under paragraph (1), the Task Force shall consult with external parties including representatives from groups such as-- ``(A) scientists, physicians, laboratorians, and other health professionals who represent the specialties and disciplines relevant to the research under consideration; ``(B) members from public-private partnerships, private entities, or foundations (or both) engaged in activities relevant to research under consideration; ``(C) members of national and international nongovernmental organizations established to address tuberculosis elimination; ``(D) members from the general public who are knowledgeable with respect to tuberculosis including individuals who have or have had tuberculosis; and ``(E) scientists, physicians, laboratorians, and other health professionals who reside in a foreign country with a substantial incidence or prevalence of tuberculosis, and who represent the specialties and disciplines relevant to the research under consideration.''. Subtitle C--Evaluation of Public Health Authorities SEC. 121. EVALUATION OF PUBLIC HEALTH AUTHORITIES. (a) In General.--Not later than 180 days after the date of enactment of the Comprehensive Tuberculosis Elimination Act of 2008, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of Congress a report that evaluates and provides recommendations on changes needed to Federal and State public health authorities to address current disease containment challenges such as isolation and quarantine. (b) Contents of Evaluation.--The report described in subsection (a) shall include-- (1) an evaluation of the effectiveness of current policies to detain patients with active tuberculosis; (2) an evaluation of whether Federal laws should be strengthened to expressly address the movement of individuals with active tuberculosis; and (3) specific legislative recommendations for changes to Federal laws, if any. (c) Update of Quarantine Regulations.--Not later than 240 days after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to update the current interstate and foreign quarantine regulations found in parts 70 and 71 of title 42, Code of Federal Regulations. Subtitle D--Authorization of Appropriations SEC. 131. AUTHORIZATIONS OF APPROPRIATIONS. Section 317E of the Public Health Service Act, as amended by section 111(c) of this Act, is amended by striking subsection (h) and inserting the following: ``(h) Authorization of Appropriations.-- ``(1) General program.-- ``(A) In general.--For the purpose of carrying out this section, there are authorized to be appropriated $200,000,000 for fiscal year 2009, $210,000,000 for fiscal year 2010, $220,500,000 for fiscal year 2011, $231,525,000 for fiscal year 2012, and $243,101,250 for fiscal year 2013. ``(B) Reservation for emergency grants.--Of the amounts appropriated under subparagraph (A) for a fiscal year, the Secretary may reserve not more than 25 percent for emergency grants under subsection (a) for any geographic area, State, political subdivision of a State, or other public entity in which there is, relative to other areas, a substantial number of cases of tuberculosis, multidrug resistant tuberculosis, or extensively drug resistant tuberculosis or a substantial rate of increase in such cases. ``(C) Priority.--In allocating amounts appropriated under subparagraph (A), the Secretary shall give priority to allocating such amounts for grants under subsection (a). ``(D) Allocation of funds.-- ``(i) Requirement of formula.--Of the amounts appropriated under subparagraph (A), not reserved under subparagraph (B), and allocated by the Secretary for grants under subsection (a), the Secretary shall distribute a portion of such amounts to grantees under subsection (a) on the basis of a formula. ``(ii) Relevant factors.--The formula developed by the Secretary under clause (i) shall take into account the level of tuberculosis morbidity and case complexity in the respective geographic area and may consider other factors relevant to tuberculosis in such area. ``(iii) No change to formula required.--This subparagraph does not require the Secretary to modify the formula that was used by the Secretary to distribute funds to grantees under subsection (a) for fiscal year 2009. ``(2) Limitation.--The authorization of appropriations established in paragraph (1) for a fiscal year is effective only if the amount appropriated under such paragraph for such year equals or exceeds the amount appropriated to carry out this section for fiscal year 2009.''. TITLE II--NATIONAL INSTITUTES OF HEALTH SEC. 201. RESEARCH AND DEVELOPMENT CONCERNING TUBERCULOSIS. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424B the following section: ``SEC. 424C. TUBERCULOSIS. ``(a) In General.--The Director of the National Institutes of Health may expand, intensify, and coordinate research and development and related activities of the Institutes with respect to tuberculosis including activities toward the goal of eliminating such disease. ``(b) Certain Activities.--Activities under subsection (a) may include-- ``(1) enhancing basic and clinical research on tuberculosis, including drug resistant tuberculosis; ``(2) expanding research on the relationship between such disease and the human immunodeficiency virus; and ``(3) developing new tools for the elimination of tuberculosis, including public health interventions and methods to enhance detection and response to outbreaks of tuberculosis, including multidrug resistant tuberculosis.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Comprehensive Tuberculosis Elimination Act of 2008 - Title I: Department of Health and Human Services in Coordination with the Centers for Disease Control and Prevention and Other Appropriate Agencies - Subtitle A: National Strategy for Combating and Eliminating Tuberculosis - (Sec. 101) Amends the Public Health Service Act to revise the grant program through which the Secretary of Health and Human Services is authorized to carry out programs with respect to the prevention, treatment, control, and elimination of tuberculosis. Includes research on latent tuberculosis infection within such program. Includes within such program research and development and related activities to develop new tools for the elimination of tuberculosis and new methods to enhance detection and response to tuberculosis outbreaks. Encourages the Secretary to give priority to programmatically relevant research so that new tools can be utilized in public health practice. Includes among demonstration projects the Secretary may carry out as part of such program projects for the development of regional capabilities to prevent, control, and eliminate tuberculosis and prevent multidrug resistant and extensively drug resistant strains of tuberculosis and projects for the intensification of efforts to: (1) reduce health disparities in the incidence of tuberculosis; (2) control tuberculosis along the U.S.-Mexico border; (3) prevent, detect, and treat tuberculosis among foreign-born persons who are in the United States; and (4) prevent, detect, and treat tuberculosis in high-risk populations and settings. Allows the Secretary, as part of such program, to develop, enhance, and expand information technologies that support tuberculosis control, including surveillance and database management systems with cross-jurisdictional capabilities. Requires the Secretary, in awarding grants for such tuberculosis programs, to give highest priority to applicants that will contribute nonfederal funds to carry out such activities. Subtitle B: Interagency Collaboration - (Sec. 111) Expands the duties for the Advisory Council for the Elimination of Tuberculosis to include providing to the Secretary and other appropriate federal officials advice on: (1) coordinating the activities of the Department of Health and Human Services (HHS) and other federal agencies; (2) responding rapidly and effectively to emerging issues in tuberculosis; and (3) efficiently utilizing the federal resources involved. Requires the Council to make or update recommendations on the comprehensive plan to eliminate tuberculosis in the United States. Sets forth reporting requirements for the Council. Requires the Federal Tuberculosis Task Force to: (1) provide to the Secretary and other appropriate federal officials advice on research into new tools; and (2) make recommendations on the development of a comprehensive plan for the creation of new tools for the elimination of tuberculosis. Subtitle C: Evaluation of Public Health Authorities - (Sec. 121) Requires the Secretary to: (1) report to the appropriate congressional committees on changes needed to federal and state public health authorities to address current disease containment challenges; and (2) promulgate regulations to update current interstate and foreign quarantine regulations. Subtitle D: Authorization of Appropriations - (Sec. 131) Authorizes appropriations for FY2009-FY2013. Requires the Secretary to allocate a portion of grant funds on the basis of a formula that takes into account the level of tuberculosis morbidity and case complexity in the respective geographic area. Title II: National Institutes of Health - (Sec. 201) Allows the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate research and development and related NIH activities with respect to tuberculosis. Authorizes such activities to include: (1) enhancing basic and clinical research on tuberculosis, including drug resistant tuberculosis; (2) expanding research on the relationship between tuberculosis and the human immunodeficiency virus; and (3) developing new tools for the elimination of tuberculosis, including public health interventions and methods to enhance detection and response to outbreaks of tuberculosis.

To amend the Public Health Service Act with respect to making progress toward the goal of eliminating tuberculosis, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm and Ranch Risk Management Act''. SEC. 2. FARM AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following new section: ``SEC. 468C. FARM AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Farm and Ranch Risk Management Account (hereinafter referred to as the `FARRM Account'). ``(b) Limitation.--The amount which a taxpayer may pay into the FARRM Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business. ``(c) Eligible Farming Business.--For purposes of this section, the term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) FARRM Account.--For purposes of this section-- ``(1) In general.--The term `FARRM Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a FARRM Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a FARRM Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (A) or (B) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Gross income shall not include the distribution of any contribution paid during a taxable year to a FARRM Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. ``(3) Exclusion from self-employment tax.--Amounts included in gross income under this subsection shall not be included in determining net earnings from self-employment under section 1402. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any FARRM Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a FARRM Account shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible farming business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business, there shall be deemed distributed from the FARRM Account (if any) of the taxpayer an amount equal to the balance in such Account at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(B) Section 408(e)(4) (relating to effect of pledging account as security). ``(C) Section 408(g) (relating to community property laws). ``(D) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a FARRM Account on the last day of a taxable year if such payment is made on account of such taxable year and is made within 3\1/ 2\ months after the close of such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(g) Reports.--The trustee of a FARRM Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by those regulations.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Contributions to farm and ranch risk management accounts.--The deduction allowed by section 468C(a).'' (c) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on certain excess contributions) is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a FARRM Account (within the meaning of section 468C(d)), or''. (2) Section 4973 of such Code is amended by adding at the end the following new subsection: ``(g) Excess Contributions to FARRM Accounts.--For purposes of this section, in the case of a FARRM Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the FARRM Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (d) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of such Code (relating to prohibited transactions) is amended by adding at the end the following new paragraph: ``(6) Special rule for farrm accounts.--A person for whose benefit a FARRM Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such Account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FARRM Account by reason of the application of section 468C(f)(3)(A) to such Account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) a FARRM Account described in section 468C(d),''. (e) Failure To Provide Reports on FARRM Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 468C(g) (relating to FARRM Accounts),''. (f) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Farm and Ranch Risk Management Accounts.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming business to deduct a limited amount from gross income for amounts paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Prescribes penalties on amounts not distributed within five years.

Farm and Ranch Risk Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Industry Tax Break Repeal Act of 2009''. TITLE I--REPEAL OF OIL INDUSTRY TAX BREAKS SEC. 101. LIMITATION ON PERCENTAGE DEPLETION. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Limitation on Aggregate Amount of Depletion.--In the case of any oil or gas well, the allowance for depletion allowed under section 613 shall not exceed the basis of the taxpayer in such property.''. (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. 102. TERMINATION OF TREATMENT OF NATURAL GAS DISTRIBUTION LINES AS 15-YEAR PROPERTY. (a) In General.--Section 168(e)(3)(E)(viii) of the Internal Revenue Code of 1986 is amended by striking ``before January 1, 2011'' and inserting ``on or before the date of the enactment of the Oil Industry Tax Break Repeal Act of 2009''. (b) Effective Date.-- (1) In general.--The amendment made by this section shall apply to property placed in service on and after the date of the enactment of this Act. (2) Exception.--The amendment made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before the date of the enactment of the Oil Industry Tax Break Repeal Act of 2009, or, in the case of self-constructed property, has started construction on or before such date. SEC. 103. TERMINATION OF TEMPORARY EXPENSING FOR EQUIPMENT USED IN REFINING OF LIQUID FUELS. (a) In General.--Section 179C(c)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``before January 1, 2014'' in subparagraph (B) and inserting ``on or before the date of the enactment of the Oil Industry Tax Break Repeal Act of 2009'', and (2) by striking ``before January 1, 2010'' each place it appears in subparagraph (F) and inserting ``on or before the date of the enactment of the Oil Industry Tax Break Repeal Act of 2009''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service on and after the date of the enactment of this Act. SEC. 104. NATURAL GAS GATHERING LINES TREATED AS 15-YEAR PROPERTY. (a) In General.--Subparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986, as amended by section 102, is amended by inserting ``, and'' at the end of clause (viii), by striking the period at the end of clause (ix) and inserting ``, and'', and by adding at the end the following new clause: ``(x) any natural gas gathering line the original use of which commences with the taxpayer after the date of the enactment of this clause.''. (b) Alternative System.--The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 (relating to special rule for property assigned to classes) is amended by inserting after the item relating to subparagraph (E)(ix) the following new item: ``(E)(x).................................................... 22''. (c) Conforming Amendment.--Clause (iv) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by inserting ``and on or before the date of the enactment of the Oil Industry Tax Break Repeal Act of 2009'' after ``April 11, 2005''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to property placed in service on and after the date of the enactment of this Act. (2) Exception.--The amendments made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before the date of the enactment of the Oil Industry Tax Break Repeal Act of 2009, or, in the case of self-constructed property, has started construction on or before such date. SEC. 105. TERMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to any taxable year beginning after the date of the enactment of this sentence.''. (b) Conforming Amendments.--Paragraphs (2) and (3) of section 291(b) of the Internal Revenue Code of 1986 are each amended by striking ``section 263(c), 616(a),'' and inserting ``section 616(a)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 106. TERMINATION OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to any taxable year beginning after the date of the enactment of this subsection.''. (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. 107. TERMINATION OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Section 45I of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Termination.--This section shall not apply to any taxable year beginning after the date of the enactment of this subsection.''. (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. 108. TERMINATION OF TREATMENT OF ALASKA NATURAL GAS PIPELINES AS 7-YEAR PROPERTY. (a) In General.--Section 168(e)(3)(C)(iii) of the Internal Revenue Code of 1986 is amended by inserting ``placed in service on or before the date of the enactment of the Oil Industry Tax Break Repeal Act of 2009'' after ``Alaska natural gas pipeline''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service on and after the date of the enactment of this Act. SEC. 109. DENIAL OF DEDUCTION FOR LARGE INTEGRATED OIL COMPANIES FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL, GAS, OR PRIMARY PRODUCTS THEREOF. (a) In General.--Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 (relating to exceptions) is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, or'', and by inserting after clause (iii) the following new clause: ``(iv) in the case of a taxpayer which is a large integrated oil company, oil related qualified production activities (within the meaning of subsection (d)(9)(B)).''. (b) Large Integrated Oil Company.--Subsection (c) of section 199 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Large integrated oil company.--For purposes of this subsection, the term `large integrated oil company' means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which-- ``(A) had gross receipts in excess of $1,000,000,000 for such taxable year, and ``(B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.''. (c) Conforming Amendment.--Section 199(d)(9)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(other than a large integrated oil company (as defined in subsection (c)(8))'' after ``taxpayer''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 110. REVALUATION OF LIFO INVENTORIES OF LARGE INTEGRATED OIL COMPANIES. (a) General Rule.--Notwithstanding any other provision of law, if a taxpayer is an applicable integrated oil company for its last taxable year ending in calendar year 2008, the taxpayer shall-- (1) increase, effective as of the close of such taxable year, the value of each historic LIFO layer of inventories of crude oil, natural gas, or any other petroleum product (within the meaning of section 4611) by the layer adjustment amount, and (2) decrease its cost of goods sold for such taxable year by the aggregate amount of the increases under paragraph (1). If the aggregate amount of the increases under paragraph (1) exceed the taxpayer's cost of goods sold for such taxable year, the taxpayer's gross income for such taxable year shall be increased by the amount of such excess. (b) Layer Adjustment Amount.--For purposes of this section-- (1) In general.--The term ``layer adjustment amount'' means, with respect to any historic LIFO layer, the product of-- (A) $18.75, and (B) the number of barrels of crude oil (or in the case of natural gas or other petroleum products, the number of barrel-of-oil equivalents) represented by the layer. (2) Barrel-of-oil equivalent.--The term ``barrel-of-oil equivalent'' has the meaning given such term by section 29(d)(5) (as in effect before its redesignation by the Energy Tax Incentives Act of 2005). (c) Application of Requirement.-- (1) No change in method of accounting.--Any adjustment required by this section shall not be treated as a change in method of accounting. (2) Underpayments of estimated tax.--No addition to the tax shall be made under section 6655 of the Internal Revenue Code of 1986 (relating to failure by corporation to pay estimated tax) with respect to any underpayment of an installment required to be paid with respect to the taxable year described in subsection (a) to the extent such underpayment was created or increased by this section. (d) Applicable Integrated Oil Company.--For purposes of this section, the term ``applicable integrated oil company'' means an integrated oil company (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which has an average daily worldwide production of crude oil of at least 500,000 barrels for the taxable year and which had gross receipts in excess of $1,000,000,000 for its last taxable year ending during calendar year 2008. For purposes of this subsection all persons treated as a single employer under subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person and, in the case of a short taxable year, the rule under section 448(c)(3)(B) shall apply. SEC. 111. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Special Rules Relating to Large Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession. ``(4) Large integrated oil company.--For purposes of this subsection, the term `large integrated oil company' means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which-- ``(A) had gross receipts in excess of $1,000,000,000 for such taxable year, and ``(B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 112. TERMINATION OF DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Termination.--This section shall not apply to any taxable year beginning after the date of the enactment of this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. TITLE II--ENERGY TRUST FUND SEC. 201. DEDICATION OF RESULTING REVENUES TO THE ENERGY TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. ENERGY TRUST FUND. ``(a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the `Energy Trust Fund', consisting of such amounts as may be appropriated or credited to such Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust.--There are hereby appropriated to the Energy Trust Fund amounts equivalent to the revenues resulting from the amendments made by the title I of the Oil Industry Tax Break Repeal Act of 2009. ``(c) Expenditures.--Amounts in the Energy Trust Fund shall be available, as provided in appropriation Acts, only for the purpose of making expenditures-- ``(1) to accelerate the use of clean domestic renewable energy resources and alternative fuels; ``(2) to promote the utilization of energy-efficient products and practices and conservation; and ``(3) to increase research, development, and deployment of clean renewable energy and efficiency technologies.''. (b) Clerical Amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9511. Energy Trust Fund.''.

Oil Industry Tax Break Repeal Act of 2009- Amends the Internal Revenue Code to: (1) limit the oil depletion allowance; (2) terminate accelerated depreciation of natural gas distribution lines and Alaska natural gas pipelines, expensing of equipment used in refining of liquid fuels, the tax deduction for intangible drilling and development costs and tertiary injectants, and the tax credits for enhanced oil recovery and for producing oil and gas from marginal wells; (3) classify natural gas gathering lines as 15-year property for depreciation purposes; and (4) deny large integrated oil companies the tax deduction for income attributable to the domestic production of oil, natural gas, or related products. Defines "large integrated oil companies" as companies with gross receipts in excess of $1 billion and average daily worldwide crude oil production of at least 500,000 barrels. Requires large integrated oil companies to revalue their LIFO inventories of crude oil, natural gas, or other petroleum products according to a specified formula. Denies such oil companies a foreign tax credit for payments to certain foreign countries from which they receive a specified economic benefit as a dual capacity taxpayer. Establishes in the Treasury the Energy Trust Fund and dedicates amounts in such Trust Fund to accelerating the use of clean domestic renewable energy and alternative fuels, promoting energy efficiency, and increasing research, development, and deployment of clean renewable energy and efficient technologies.

A bill to amend the Internal Revenue Code of 1986 to terminate certain incentives for oil and gas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Forest Stewardship Act''. SEC. 2. DECLARATIONS. Congress declares as follows: (1) The 26,000,000-acre Northern Forest region is an extraordinary resource. The forests in the region are rich in natural resources and values cherished by residents and visitors: timber, fiber, and wood for forest products and energy supporting successful businesses and providing stable jobs for residents; lakes ponds, rivers, and streams unspoiled by pollution or crowding human development; tracts of land for wildlife habitat and recreational use, and protected areas to help preserve the biological integrity of the region. This Act is enacted to advance the goals of the Northern Forest Lands Council and to reaffirm the Council's vision of the Northern Forest as a landscape of interlocking parts and pieces, reinforcing each other: local communities, industrial forest land, family and individual ownerships, small woodlots, recreation land, and public and private conservation land. (2) This Act effectuates certain recommendations of the Northern Forest Lands Council that were developed with broad public input and the involvement of Federal, State, and local governments. The actions described in this Act to implement those recommendations are most appropriately directed by the Northern Forest States, with assistance from the Federal Government, as requested by the States. Implementation of the recommendations should be guided by the fundamental principles laid out by the Northern Forest Lands Council report. Those principles provide the foundation for the intent of this Act: to support the primary role of the Northern Forest States in the management of their forests, to protect the traditions of the region, to emphasize the rights and responsibilities of the landowners, and to advance new mechanisms for cooperative conservation of the Northern Forest lands and its resources for future generations. SEC. 3. SUPPORT FOR SUSTAINABLE FOREST MANAGEMENT. (a) In General.--At the request of the Governor of the State of Maine, New Hampshire, New York, or Vermont, the Secretary of Agriculture, acting through the Chief of the Forest Service, may provide technical assistance for a State-based initiative directed by the State, to define the appropriate benchmarks of sustainable forest management that address the principles of sustainability, as recommended by the Northern Forest Lands Council. (b) Principles of Sustainability.--It is the sense of Congress that for the purposes of subsection (a), principles of sustainability should be based on the principles developed by the Northern Forest Lands Council, including-- (1) maintenance of soil productivity; (2) conservation of water quality, wetlands, and riparian zones; (3) maintenance or creation of a healthy balance of forest age classes; (4) continuous flow of timber, pulpwood, and other forest products; (5) improvement of the overall quality of the timber resource as a foundation for more value-added opportunities; (6) addressing scenic quality by limiting adverse aesthetic impacts of forest harvesting, particularly in high-elevation areas and vistas; (7) conservation and enhancement of habitats that support a full range of native flora and fauna; (8) protection of unique or fragile natural areas; and (9) continuation of opportunities for traditional recreation. SEC. 4. NORTHERN FOREST RESEARCH COOPERATIVE. At the request of the Governor of the State of Maine, New Hampshire, New York, or Vermont, the Secretary of Agriculture (acting through the Northeastern Forest Experiment Station and the Chief of the Forest Service) may work with the State, the land grant universities of the State, natural resource and forestry schools, other Federal agencies, and other interested parties in assisting the State in coordinating ecological and economic research, including-- (1) research on ecosystem health, forest management, product development, economics, and related fields; (2) research to help achieve the principles of sustainability described in section 3 as recommended by the Northern Forest Lands Council; (3) technology transfer to the wood products industry on efficient processing, pollution prevention, and energy conservation; (4) dissemination of existing and new information to landowners, public and private resource managers, State forest citizen advisory committees, and the general public through professional associations, publications, and other information clearinghouse activities; and (5) analysis of strategies for the protection of areas of outstanding ecological significance, high biodiversity, and the provision of important recreational opportunities, including strategies for areas identified through State land acquisition planning processes. SEC. 5. INTERSTATE COORDINATION STRATEGY. At the request of the Governors of the States of Maine, New Hampshire, New York, and Vermont, the Secretary of Agriculture (acting through the Chief of the Forest Service) may make a representative of the State and Private Forest Program available to meet with representatives of the States to coordinate the implementation of Federal and State policy recommendations issued by the Northern Forest Lands Council and other policies agreed to by the States. SEC. 6. LAND CONSERVATION. (a) Federal Assistance.--At the request of the Governor of the State of Maine, New Hampshire, Vermont, or New York, the Secretary of Agriculture (acting through the Chief of the Forest Service) and the Secretary of the Interior (acting through the Director of the National Park Service and Director of the United States Fish and Wildlife Service) may provide technical and financial assistance for a State- managed public land acquisition planning process and land acquisition initiatives directed by the State. (b) Program Development.--The planning process for a State described in subsection (a) shall establish a goal-oriented land conservation program that includes-- (1) identification of, and setting of priorities for the acquisition of, fee or less-than-fee interests in exceptional and important lands, in accordance with criteria that include-- (A) places offering outstanding recreational opportunities, including locations for hunting, fishing, trapping, hiking, camping, and other forms of back-country recreation; (B) recreational access to river and lake shorelines; (C) land supporting vital ecological functions and values; (D) habitats for rare, threatened, or endangered natural communities, plants, and wildlife; (E) areas of outstanding scenic value and significant geological features; and (F) working private forest lands that are of such significance or so threatened by conversion that conservation easements should be purchased; (2) acquisition of land and interests in land only from willing sellers, with community support consistent with Federal, State, and local laws applicable in each State on the date of enactment of this Act; (3) involvement of local governments and landowners in the planning process in a meaningful way that acknowledges their concerns about public land acquisition; (4) recognition that zoning, while an important land use mechanism, is not an appropriate substitution for acquisition; (5) assurances that unilateral eminent domain will be used only with the consent of the landowner to clear title and establish purchase prices; (6) efficient use of public funds by purchasing only the rights necessary to best identify and protect exceptional values; (7) consideration of the potential impacts and benefits of land and easement acquisition on local and regional economies; (8) consideration of the necessity of including costs of future public land management in the assessment of overall costs of acquisition; (9) minimization of adverse tax consequences to municipalities by making funds available to continue to pay property taxes based at least on current use valuation of parcels acquired, payments in lieu of taxes, user fee revenues, or other benefits, where appropriate; (10) identification of the potential for exchanging public land for privately held land of greater public value; and (11) assurances that any land or interests inland that are acquired are used and managed for their intended purposes. (c) Willing Seller.--No Federal funds made available to carry out this Act may be expended for acquisition of private or public property unless the owner of the property willingly offers the property for sale. (d) Land Acquisition.-- (1) Funding.--After completion of the planning process under subsection (b), a Federal and State cooperative land acquisition project under this Act may be carried out with funding provided exclusively by the Federal Government or with funding provided by both the Federal Government and a State government. (2) Objectives.--A cooperative land acquisition project funded under this Act shall promote State land conservation objectives that correspond with Federal goals and the recommendations of the Northern Forest Lands Council. (e) Complementary Program.--The Secretary of the Interior shall conduct activities under this section as a complement to the State Comprehensive Outdoor Recreation Plan for each Northern Forest State in existence on the date of enactment of this section. (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated under sections 5 and 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-7, 460l-8) such sums as are necessary to carry out the purposes described in this subsection. (2) Effect on apportionment.--Apportionment among the States under section 5(b) of the Act (16 U.S.C. 460l-8(b)) shall be from funds not appropriated under paragraph (1). SEC. 7. SENSE OF CONGRESS CONCERNING FEDERAL TAX POLICY. It is the sense of Congress that-- (1) certain Federal tax policies work against the long-term ownership, management, and conservation of forest land in the Northern Forest region; and (2) Congress and the President should enact additional legislation to address those tax policies as soon as possible. SEC. 8. LANDOWNER LIABILITY EXEMPTION. (a) Findings.--Congress finds that-- (1) many landowners keep their land open and available for responsible recreation; and (2) private lands help provide important forest-based recreation opportunities for the public in the Northern Forest region. (b) Sense of Congress.--It is the sense of Congress that States and other interested persons should pursue initiatives that-- (1) strengthen relief-from-liability laws to protect landowners that allow responsible public recreational use of their lands; (2) update relief-from-liability laws to establish hold- harmless mechanisms for landowners that open their land to public use, including provision for payment by the State of the costs of a landowner's defense against personal injury suits and of the costs of repairing property damage and removing litter; (3) provide additional reductions in property taxes for landowners that allow responsible public recreational use of their lands; (4) provide for purchases by the State of land in fee and of temporary and permanent recreation easements and leases, including rights of access; (5) foster State and private cooperative recreation agreements; (6) create recreation coordinator and landowner liaison and remote ranger positions in State government to assist in the management of public use of private lands and provide recreation opportunities and other similar services; (7) strengthen enforcement of trespass, antilittering, and antidumping laws; (8) improve recreation user education programs; and (9) improve capacity in State park and recreation agencies to measure recreational use (including types, amounts, locations, and concentrations of use) and identify and address trends in use before the trends create problems. SEC. 9. NONGAME CONSERVATION. (a) Findings.--Congress finds that-- (1) private landowners often manage their lands in ways that produce a variety of public benefits, including wildlife habitat; and (2) there should be more incentives for private landowners to exceed current forest management standards and responsibilities under Federal laws. (b) Sense of Congress.--It is the sense of Congress that Congress should make it a priority to consider legislation that creates a funding mechanism to support the conservation of nongame fish and wildlife and associated recreation activities on public and private lands and does not replace, substitute, or duplicate existing laws that support game fish and wildlife. SEC. 10. WATER QUALITY. At the request of the Governor of the State of Maine, New Hampshire, New York, or Vermont, the Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Agriculture and the Secretary of the Interior, may provide technical and financial assistance to assess water quality trends within the Northern Forest region. SEC. 11. RURAL COMMUNITY ASSISTANCE. (a) In General.--At the request of the Governor of the State of Maine, New Hampshire, New York, or Vermont, the Secretary of Agriculture may provide technical and financial assistance to the State, working in partnership with the forest products industry, local communities, and other interests to develop technical and marketing capacity within rural communities for realizing value-added opportunities in the forest products sector. (b) Rural Community Assistance Program.--Sufficient funds from the rural community assistance program under subsection (a) shall be directed to support State-based public and private initiatives to-- (1) strengthen partnerships between the public and private sectors and enhance the viability of rural communities; (2) develop technical capacity in the utilization and marketing of value-added forest products; and (3) develop extension capacity in delivering utilization and marketing information to forest-based businesses. SEC. 12. NO NEW AUTHORITY TO REGULATE LAND USE. Nothing in this Act creates new authority in any Federal agency to regulate the use of private or public land in any State. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out sections 3, 4, 5, 6, 10, and 11 of this Act and section 2371 of the Rural Economic Development Act of 1990 (7 U.S.C. 6601) in the States of Maine, New Hampshire, New York, and Vermont.

Northern Forest Stewardship Act - Authorizes the Secretary of Agriculture, at the request of the Governor of Maine, New Hampshire, New York, or Vermont, to: (1) provide technical assistance for sustainable forest management; (2) assist in coordinating ecological and economic research and implementation of interstate and Northern Forest Lands Council policies; (3) provide technical and financial assistance for State conservation land planning and acquisition (authorizes appropriations), and rural community assistance. Expresses the sense of the Congress regarding: (1) the need to address certain tax policies that work against Northern Forest conservation; (2) liability exemption for private landowners who permit public use of their land; and (3) nongame conservation funding. Authorizes the Administrator of the Environmental Protection Agency, at the request of the Governor of Maine, New Hampshire, New York, or Vermont, to provide technical and financial assistance for Northern Forest water quality assessment. Authorizes specified appropriations.

Northern Forest Stewardship Act

SECTION 1. REGISTRATION OF CANADIAN PESTICIDES BY STATES. (a) In General.--Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the following: ``(d) Registration of Canadian Pesticides by States.-- ``(1) Definitions.--In this subsection: ``(A) Canadian pesticide.--The term `Canadian pesticide' means a pesticide that-- ``(i) is registered for use as a pesticide in Canada; ``(ii) is identical or substantially similar in its composition to a comparable domestic pesticide registered under section 3 of this Act; and ``(iii) is registered in Canada by the registrant of the comparable domestic pesticide or an affiliated entity of the registrant. ``(B) Comparable domestic pesticide.--The term `comparable domestic pesticide' means a pesticide-- ``(i) that is registered under section 3 of this Act; ``(ii) the registration of which is not under suspension; ``(iii) that is not subject to a notice of intent to cancel or suspend, a notice for voluntary cancellation under section 6(f) of this Act, or an enforcement action under this Act; ``(iv) that is used as the basis for comparison for the determinations required under section 24(d)(4) of this Act; ``(v) that is registered for use on the site(s) of application for which registration is sought under this subsection; ``(vi) for which no use is the subject of a pending interim administrative review under section 3(c)(8) of this Act; ``(vii) that is not subject to sales limitations or production caps agreed upon between the Administrator and the registrant or imposed by the Administrator for risk mitigation purposes; and ``(viii) that is not classified as a restricted use pesticide under section 3(d) of this Act. ``(2) Authority to register canadian pesticides.-- ``(A) In general.--A State may register a Canadian pesticide for distribution and use only within the State if the registration complies with this subsection, is consistent with the purposes of this Act, and has not previously been denied or disapproved by the Administrator. A pesticide registered under this subsection shall not be used to produce a pesticide to be registered under section 3 or section 24(c) of this Act. ``(B) Effect of registration.--A registration of a Canadian pesticide by a State under this subsection shall be deemed a registration under section 3 for all purposes of this Act, but shall authorize distribution and use only within such State. ``(C) Registrant.--Any person or State may seek registration of a Canadian pesticide pursuant to this subsection. Such person or State shall be deemed the registrant of the Canadian pesticide under this Act. ``(3) Requirements for registration sought by person.--A person seeking registration from a State of a Canadian pesticide under this subsection must-- ``(A) demonstrate to the State that the Canadian pesticide is identical or substantially similar in its composition to a comparable domestic pesticide; and ``(B) submit to the State a copy of the label approved by the Pest Management Regulatory Agency for the Canadian pesticide and the label approved by the Administrator for the comparable domestic pesticide. ``(4) State requirements for registration.--A State may register a Canadian pesticide under this subsection only if it-- ``(A) has obtained the confidential statement of formula for the Canadian pesticide; ``(B) determines that the Canadian pesticide is identical or substantially similar in its composition to a comparable domestic pesticide; ``(C) for each food or feed use authorized by the registration-- ``(i) determines that there exists an adequate tolerance or exemption under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that permits the residues of the pesticide on the food or feed; and ``(ii) identifies the tolerances or exemptions in the submissions made under subparagraph (D); ``(D) has obtained a label approved by the Administrator, that-- ``(i) duplicates all statements, excluding the establishment number, from the approved labeling of the comparable domestic pesticide that are relevant to the uses registered by the State and deletes all labeling statements relating to uses not registered by the State; ``(ii) identifies the state in which the product may be used; ``(iii) prohibits sale and use outside the state identified in clause (ii); ``(iv) includes a statement indicating that it is unlawful to use the Canadian pesticide in the State in a manner that is inconsistent with the labeling approved by the Administrator pursuant to this subsection; and ``(v) identifies the establishment number of the establishment in which the labeling approved by the Administrator will be affixed to the containers of the Canadian pesticide; and ``(E) notifies, within 10 working days after the State's issuance of a registration under this subsection, the Administrator in writing of the State's action, which notification shall include a statement of the determination made under this paragraph, the effective date of the registration, a confidential statement of formula, and a final printed copy of the labeling approved by the Administrator. ``(5) Disapproval of registration by administrator.--A registration issued by a State under this subsection shall not be effective for more than 90 days if disapproved by the Administrator within that period. The Administrator may disapprove the registration of a Canadian pesticide by a State pursuant to this subsection if the Administrator determines that the registration of the Canadian pesticide by the State does not comply with this subsection or the Federal Food, Drug, and Cosmetic Act, or is inconsistent with the purposes of this Act. ``(6) Labeling of canadian pesticides.-- ``(A) Containers.--Each container containing a Canadian pesticide registered by a State shall at all times bear the label that is approved by the Administrator. The label must be securely attached to the container and must be the only label visible on the container. The original Canadian label on the container must be preserved underneath the label approved by the Administrator. ``(B) Affixing labels.--After a Canadian pesticide is registered under this subsection, the registrant shall prepare labels approved by the Administrator for such Canadian pesticide and shall conduct or supervise all labeling of the Canadian pesticides with the approved labeling. Labeling of the Canadian pesticides pursuant to this subsection must be conducted at an establishment registered by the registrant pursuant to section 7 of this Act. ``(C) Establishment reporting requirements.-- Establishments registered for the sole purpose of labeling required under section 24(d)(6) of this Act are exempt from the reporting requirements provided in section 7(c) of this Act. ``(7) Revocation.--At any time after the registration of a Canadian pesticide, if the Administrator finds that the Canadian pesticide is not identical or substantially similar in composition to a comparable domestic pesticide, the Administrator may issue an emergency order revoking the registration of the Canadian pesticide. Such order shall be immediately effective and may prohibit sale, distribution and use of the Canadian pesticide. Such order may also prescribe terms of a requirement for the registrant of any such Canadian pesticide to purchase and dispose of any unopened product subject to a revocation order. The registrant of a product subject to a revocation order may request a hearing on such order within 10 days of the issuance of such order. If no hearing is requested within the prescribed period, the order shall become final and shall not be subject to judicial review. If a hearing is requested, judicial review may be sought only at the conclusion of the hearing and following the issuance by the Agency of a final revocation order. A final revocation order issued following a hearing shall be reviewable in accordance with section 16 of this Act. ``(8) Suspension of state authority to register canadian pesticides.-- ``(A) In general.--If the Administrator finds that a State that has registered 1 or more Canadian pesticides under this subsection is not capable of exercising adequate controls to ensure that registration under this subsection is consistent with this subsection, other provisions of this Act, or the Federal Food, Drug, and Cosmetic Act,, or has failed to exercise adequate controls of one or more Canadian pesticides registered under this subsection, the Administrator may suspend the authority of the State to register Canadian pesticides under this subsection until such time as the Administrator determines that the State can and will exercise adequate control of the Canadian pesticides. ``(B) Notice and opportunity to respond.--Before suspending the authority of a State to register a Canadian pesticide, the Administrator shall-- ``(i) advise the State that the Administrator proposes to suspend the authority and the reasons for the proposed suspension; and ``(ii) before taking final action to suspend under this subsection, the Administrator shall provide the State an opportunity to respond to the proposal to suspend within 30 calendar days of the State's receipt of the Administrator's proposal to suspend. ``(9) Tort liability.-- ``(A) State as registering agency.--No action for monetary damages may be maintained in any Federal court against a State acting as a registering agency under the authority of and consistent with this section for injury or damage resulting from the use of a product registered by the State pursuant to this subsection. ``(B) Registrant.--Actions in tort may not be maintained in any Federal court against a registrant for damages resulting from adulteration or compositional alterations of the registrants product registered under this subsection if the registrant did not and could not reasonably have knowledge of the adulteration or compositional alterations. ``(10) Disclosure of information by administrator to the state.--The Administrator may disclose to a State that is seeking to register a Canadian pesticide in the State information that is necessary for the State to make the determinations required by paragraph (4) if the State certifies to the Administrator that the State can and will maintain the confidentiality of any trade secrets or commercial or financial information provided by the Administrator to the State under this subsection to the same extent as is required under section 10 of this Act. ``(11) Provision of information by registrants of comparable domestic pesticides.--Upon request, the registrant of a comparable domestic pesticide shall provide to a State that is seeking to register a Canadian pesticide in the State pursuant to this subsection information that is necessary for the State to make the determinations required by section 24(d)(4) of this Act if the State certifies to the registrant that the State can and will maintain the confidentiality of any trade secrets or commercial or financial information provided by the registrant to the State under this subsection to the same extent as is required under section 10 of this Act. If the registrant of a comparable domestic pesticide fails to provide to the State, within 15 days of its receipt of a written request by the State, information possessed by or reasonably accessible to the registrant that is necessary to make the determinations required by paragraph (4), the Administrator may assess a penalty against the registrant of the comparable pesticide based on the Administrator's estimate of the difference between the per-acre cost of the application of the comparable domestic pesticide and the application of the Canadian pesticide multiplied by the acreage in the State of the commodity for which the State registration is sought. No penalty under this subsection shall be assessed unless the registrant assessed shall have been given notice and opportunity for a hearing as provided by section 14(a)(3) of this Act. The only matters for resolution at that hearing will be whether the registrant of the comparable domestic pesticide failed to timely provide to the State the information possessed by or reasonably accessible to the registrant that was necessary to make the determinations required by paragraph (4) and the amount of the penalty. ``(12) Penalty for disclosure by state employee.--The State shall not make public information obtained under paragraphs (10) and (11) of this subsection that is privileged and confidential and contains or relates to trade secrets or commercial or financial information. Any State employee who has willfully disclosed information described in this paragraph shall be subject to penalties prescribed in section 10(f) of this Act. ``(13) Data compensation.--A State or person registering a Canadian pesticide under this subsection shall not be liable for compensation for data supporting such registration if the registration of the Canadian pesticide in Canada and the registration of the comparable domestic pesticide are held by the same registrant or by affiliated entities. ``(14) Formulation change.--The registrant of a comparable domestic pesticide must notify the Administrator of any change in the formulation of a comparable domestic pesticide or a Canadian pesticide registered by such registrant or its affiliate at least 30 days prior to any sale or distribution of the pesticide containing the new formulation. The registrant of the comparable domestic pesticide must submit, with its notice to the Administrator pursuant to this paragraph, the confidential statement of formula for the new formulation if the registrant has possession of or reasonable access to such information. If the registrant fails to provide notice or submit a confidential statement of formula as required by this paragraph, the Administrator may issue a notice of intent to suspend the registration of the comparable domestic pesticide for a period of no less than one year. Suspension shall become final within 30 days of the Administrator's issuance of the notice of intent to suspend, unless during that time the registrant requests a hearing. If a hearing is requested, a hearing shall be conducted under section 6(d) of this Act. The only matter for resolution at that hearing will be whether the registrant has failed to provide notice or submit a confidential statement of formula as required by this paragraph.''. (b) Conforming Amendment.--Section 24(c)(4) is amended in the first sentence by striking ``If the Administrator'' and inserting the following: ``Except as otherwise provided in section 24(d)(8), if the Adminstrator''.

Prohibits actions in Federal court against: (1) States acting as registering agencies for damages resulting from the use of a product registered under this Act; or (2) registrants for damages resulting from adulteration or compositional alterations of such a product if the registrant could not reasonably have knowledge of such adulteration or alterations.

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a Canadian pesticide for distribution and use within that State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities Litigation Attorney Accountability and Transparency Act''. SEC. 2. LOSING PLAINTIFF'S ATTORNEY PAYS. (a) Securities Exchange Act of 1934.--Section 21D(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(c)) is amended by adding at the end the following new paragraph: ``(4) Assessment of fees and expenses.-- ``(A) Determination required.--If the court in any private action arising under this title enters a final judgment against a plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the defendant, determine whether-- ``(i) the position of the plaintiff was not substantially justified; ``(ii) imposing fees and expenses on the plaintiff's attorney would be just; and ``(iii) the cost of such fees and expenses to the defendant is substantially burdensome or unjust. ``(B) Award.--If the court makes the determinations described in clauses (i), (ii), and (iii) of subparagraph (A), the court shall award the defendant reasonable fees and other expenses incurred by the defendant and impose such fees and expenses on the plaintiff's attorney. ``(C) Basis of determination regarding position; burden of persuasion.--The determination of whether the position of the plaintiff was substantially justified shall be made on the basis of the record in the action for which fees and other expenses are sought, but the burden of persuasion shall be on the defendant.''. (b) Securities Act of 1933.--Section 27(c) of the Securities Act of 1933 (15 U.S.C. 77z-1(c)) is amended by adding at the end the following new paragraph: ``(4) Assessment of fees and expenses.-- ``(A) Determination required.--If the court in any private action arising under this title enters a final judgment against a plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the defendant, determine whether-- ``(i) the position of the plaintiff was not substantially justified; ``(ii) imposing fees and expenses on the plaintiff's attorney would be just; and ``(iii) the cost of such fees and expenses to the defendant is substantially burdensome or unjust. ``(B) Award.--If the court makes the determinations described in clauses (i), (ii), and (iii) of subparagraph (A), the court shall award the defendant reasonable fees and other expenses incurred by the defendant and impose such fees and expenses on the plaintiff's attorney. ``(C) Basis of determination regarding position; burden of persuasion.--The determination of whether the position of the plaintiff was substantially justified shall be made on the basis of the record in the action for which fees and other expenses are sought, but the burden of persuasion shall be on the defendant.''. SEC. 3. DISCLOSURES OF CONFLICTS OF INTEREST BETWEEN PLAINTIFF AND ATTORNEYS. (a) Securities Exchange Act of 1934.--Section 21D(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by adding at the end the following new paragraph: ``(10) Disclosures regarding conflicts of interest.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any conflict of interest, including any direct or indirect payment, between such attorney and such plaintiff and between such attorney and any affiliated person of such plaintiff. The court shall make a determination of whether such conflict is sufficient to disqualify the attorney from representing the plaintiff.''. (b) Securities Act of 1933.--Section 27(a) of the Securities Act of 1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the following new paragraph: ``(10) Disclosures regarding conflicts of interest.--In any private action arising under this title, each plaintiff and any attorney for such plaintiff shall provide sworn certifications, which shall be personally signed by such plaintiff and such attorney, respectively, and filed with the complaint, that identifies any conflict of interest, including any direct or indirect payment, between such attorney and such plaintiff and between such attorney and any affiliated person (as such term is defined in section 2(a)(3) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)(3))) of such plaintiff. The court shall make a determination of whether such conflict is sufficient to disqualify the attorney from representing the plaintiff.''. SEC. 4. SELECTION OF LEAD COUNSEL. (a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is amended by adding at the end the following: ``In exercising the discretion of the court over the approval of lead counsel, the court may employ alternative means in the selection and retention of counsel for the most adequate plaintiff, including a competitive bidding process.''. (b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by adding at the end the following: ``In exercising the discretion of the court over the approval of lead counsel, the court may employ alternative means in the selection and retention of counsel for the most adequate plaintiff, including a competitive bidding process.''.

Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to require, in any private action in which the court enters a final judgment, that the court award the defendant reasonable fees and expenses, and impose such fees and expenses on the plaintiff's attorney, if the plaintiff's position was not substantially justified. Requires each plaintiff and plaintiff's attorney in a private action to provide sworn certifications, filed with the complaint, that identify any conflict of interest, including any direct or indirect payment, between the attorney and the plaintiff. Authorizes the court, in exercising its discretion over the approval of lead counsel, to employ alternative means in the selection and retention of counsel for the most adequate plaintiff, including a competitive bidding process.

To protect investors by fostering transparency and accountability of attorneys in private securities litigation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Profiting from Access to Computer Technology (PACT) Act'' or the ``Child PACT Act''. SEC. 2. PROTECTION OF EDUCATIONALLY USEFUL FEDERAL EQUIPMENT. Each Federal agency shall, to the extent practicable, protect and safeguard educationally useful Federal equipment that has been determined to be surplus, so that such equipment may be transferred under this Act. SEC. 3. EFFICIENT TRANSFER OF EDUCATIONALLY USEFUL FEDERAL EQUIPMENT. (a) Transfer of Equipment to GSA.--Each Federal agency, to the extent permitted by law and where appropriate, shall-- (1) identify educationally useful Federal equipment that it no longer needs or such equipment that has been declared surplus in accordance with section 549 of title 40, United States Code; (2) erase any hard drive, before transfer under paragraph (3), in accordance with standards in effect under the Department of Defense Industrial Security Program (Directive 5220.22 or successor authority); and (3)(A) transfer the equipment to the Administrator of General Services for conveyance to educational recipients; or (B) transfer the equipment directly to-- (i) an educational recipient, through an arrangement made by the Administrator of General Services under subsection (b); or (ii) a nonprofit refurbisher under subsection (d). (b) Advance Reporting of Equipment to GSA.--Each Federal agency shall report to the Administrator of General Services the anticipated availability of educationally useful Federal equipment as far as possible in advance of the date the equipment is to become surplus, so that the Administrator may attempt to arrange for the direct transfer from the donating agency to educational recipients. (c) Preference.--In carrying out conveyances to educational recipients under this Act, the Administrator of General Services shall, to the extent practicable, give particular preference to educational recipients located in an enterprise community, empowerment zone, or renewal community designated under section 1391, 1400, or 1400E of the Internal Revenue Code of 1986. (d) Refurbishment of Non-Classroom-Usable Equipment.--At the request of an educational recipient, educationally useful Federal equipment that is not classroom-usable shall be conveyed initially to a nonprofit refurbisher for upgrade before transfer to the educational recipient. (e) Lowest Cost.--All transfers to educational recipients shall be made at the lowest cost to the recipient permitted by law. (f) Notice of Availability of Equipment.--The Administrator of General Services shall provide notice of the anticipated availability of educationally useful Federal equipment (including non-classroom- usable equipment) to educational recipients by all practicable means, including the Internet, newspapers, and community announcements. (g) Facilitation by Regional Federal Executive Boards.--The regional Federal Executive Boards (as that term is used in part 960 of title 5, Code of Federal Regulations) shall help facilitate the transfer of educationally useful Federal equipment from the agencies they represent to recipients eligible under this Act. SEC. 4. AGENCY TECHNICAL ASSISTANCE. Each Federal agency with employees who have computer expertise shall, to the extent permitted by law and in accordance with any guidelines prescribed by the Director of the Office of Personnel Management, encourage those employees-- (1) to help connect classrooms in schools to the Nation's information infrastructure; (2) to assist teachers in schools in learning to use computers to teach; and (3) to assist in providing ongoing maintenance of, and technical support for, educationally useful Federal equipment transferred to educational recipients under this Act. SEC. 5. RULEMAKING. The Administrator of General Services shall prescribe rules and procedures to carry out this Act. SEC. 6. EFFECT ON OTHER LAWS. This Act supersedes Executive Order No. 12999 of April 17, 1996. SEC. 7. RULE OF CONSTRUCTION. This Act may not be construed to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, or employees. SEC. 8. DEFINITIONS. In this Act: (1) The term ``Federal agency'' means an Executive department or an Executive agency (as such terms are defined in chapter 1 of title 5, United States Code). (2) The term ``educational recipient'' means a school or a community-based educational organization. (3) The term ``school'' includes a prekindergarten program (as that term is used in the Elementary and Secondary Education Act of 1965), an elementary school, a secondary school, and a local educational agency (as those terms are defined in section 9101 of that Act). (4) The term ``community-based educational organization'' means a nonprofit entity that-- (A) is engaged in collaborative projects with schools or the primary focus of which is education; and (B) qualifies as a nonprofit educational institution or organization for purposes of section 549(c)(3) of title 40, United States Code. (5) The term ``educationally useful Federal equipment'' means computers and related peripheral tools (such as computer printers, modems, routers, and servers), including telecommunications and research equipment, that are appropriate for use by an educational recipient. The term also includes computer software, where the transfer of a license is permitted. (6) The term ``classroom-usable'', with respect to educationally useful Federal equipment, means such equipment that does not require an upgrade of hardware or software in order to be used by an educational recipient without being first transferred under section 3(d) to a nonprofit refurbisher for such an upgrade. (7) The term ``nonprofit refurbisher'' means an organization that-- (A) is exempt from income taxes under section 501(c) of the Internal Revenue Code of 1986; and (B) upgrades educationally useful Federal equipment that is not classroom-usable at no cost or low cost to the ultimate recipient school or community-based educational organization.

Profiting from Access to Computer Technology (PACT) Act - Child PACT Act - Directs each Federal agency to: (1) safeguard and identify educationally useful Federal equipment that it no longer needs or that has been declared surplus; (2) transfer such equipment, either directly or through the General Services Administration (GSA), to educational recipients or nonprofit refurbishers; and (3) encourage employees with computer expertise to assist in providing maintenance and technical support for the recipients of such equipment, connecting school classrooms to the Internet, and helping teachers to learn to use computers to teach.

To establish a program to transfer surplus computers of Federal agencies to schools and nonprofit community-based educational organizations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Farmington River and Salmon Brook Wild and Scenic River Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Lower Farmington River and Salmon Brook Wild and Scenic River Study Act of 2005 (Public Law 109-370) authorized the study of the Farmington River downstream from the segment designated as a recreational river by section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(156)) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its main stem and east and west branches for potential inclusion in the National Wild and Scenic Rivers System; (2) the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation; (3) concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4) the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan; (5) there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6) the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08-37); and (7) the Rainbow Dam and Reservoir are located entirely outside of the river segments designated by the amendment made in section 3, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109-370, this hydroelectric project (including all aspects of its facilities, operations and transmission lines) is compatible with such designation. SEC. 3. DESIGNATION. 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: ``(213) Lower farmington river and salmon brook, connecticut.--Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: ``(A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river. ``(B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. ``(C) The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river. ``(D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut, to its confluence with the East Branch of Salmon Brook as a recreational river. ``(E) The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river.''. SEC. 4. MANAGEMENT. (a) In General.--The Lower Farmington River and Salmon Brook Wild and Scenic Committee, in coordination with the Secretary, shall lead and coordinate implementation of the management plan for the river segments designated by the amendment made in section 3 in accordance with such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Cooperative Agreements.-- (1) In general.--In order to provide for the long-term protection, preservation, and enhancement of the river segments designated by the amendment made in section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with-- (A) the State of Connecticut; (B) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency.--All cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (c) Land Management.-- (1) Zoning ordinances.--For the purposes of the river segments designated by the amendment made in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of land.--The provisions of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that prohibit Federal acquisition of lands by condemnation shall apply to the river segments designated by the amendment made in section 3 of this Act. The authority of the Secretary to acquire lands and permanent structures for the purposes of the river segments designated by the amendment made in section 3 of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the management plan. (d) Rainbow Dam.--The designation made by the amendment in section 3 shall not be construed to-- (1) prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir. (e) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower Farmington River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. (f) Protection Afforded by Wild and Scenic River Designation.--The National Park Service may not administratively change the extent of the protection afforded to the river segments designated by the amendment made in section 3. SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION. Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended in the first sentence-- (1) by striking ``14-mile'' and inserting ``15.1-mile''; and (2) by striking ``to the downstream end of the New Hartford-Canton, Connecticut town line'' and inserting ``to the confluence with the Nepaug River''. SEC. 6. DEFINITIONS. For the purposes of this Act: (1) Management plan.--The term ``management plan'' means the management plan referred to in section 2(3). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Lower Farmington River and Salmon Brook Wild and Scenic River Act This bill amends the Wild and Scenic Rivers Act to designate specified segments of the Lower Farmington River and Salmon Brook in Connecticut as components of the National Wild and Scenic Rivers System. The Lower Farmington River and Salmon Brook Wild and Scenic Committee, in coordination with the Department of the Interior, shall lead and coordinate the implementation of the management plan for the designated river segments according to the amendments to the Lower Farmington River and Salmon Brook Management Plan, dated June 2011, as determined to be consistent with this bill. The designation made by this bill shall not be construed to: (1) prohibit, pre-empt, or abridge future licensing or re-licensing of the Rainbow Dam and Reservoir by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at the dam and reservoir. The Lower Farmington River shall not be administered as part of the National Park System (NPS) or be subject to NPS regulations. The National Park Service may not administratively change the extent of the protection afforded to the river segments designated by this bill. The bill also revises the description of a specified designated segment of the Farmington River in Connecticut.

Lower Farmington River and Salmon Brook Wild and Scenic River Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Udall-Eisenhower Arctic Wilderness Act''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--The Congress finds the following: (1) Americans cherish the continued existence of expansive, unspoiled wilderness ecosystems and wildlife found on their public lands, and feel a strong moral responsibility to protect this wilderness heritage as an enduring resource to bequeath undisturbed to future generations of Americans. (2) It is widely believed by ecologists, wildlife scientists, public land specialists, and other experts that the wilderness ecosystem centered around and dependent upon the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, represents the very epitome of a primeval wilderness ecosystem and constitutes the greatest wilderness area and diversity of wildlife habitats of its kind in the United States. (3) President Dwight D. Eisenhower initiated protection of the wilderness values of the Arctic coastal plain in 1960 when he set aside 8,900,000 acres establishing the Arctic National Wildlife Refuge expressly ``for the purpose of preserving unique wildlife, wilderness and recreational values''. (4) In 1980, when the Congress acted to strengthen the protective management of the Eisenhower-designated area with the enactment of the Alaska National Interest Lands Conservation Act (Public Law 96-487), Representative Morris K. Udall led the effort to more than double the size of the Arctic National Wildlife Refuge and extend statutory wilderness protection to most of the original area. (5) Before the enactment of the Alaska National Interest Lands Conservation Act, the House of Representatives twice passed legislation that would have protected the entire Eisenhower-designated area as wilderness, including the Arctic coastal plain. (6) A majority of Americans have supported and continue to support preserving and protecting the Arctic National Wildlife Refuge, including the Arctic coastal plain, from any industrial development and consider oil and gas exploration and development in particular to be incompatible with the purposes for which this incomparable wilderness ecosystem has been set aside. (7) When the Arctic National Wildlife Refuge was established in 1980 by paragraph (2) of section 303 of the Alaska National Interest Lands Conservation Act (Public Law 96- 487; 94 Stat. 2390; 16 U.S.C. 668dd note), subparagraph (B)(iii) of such paragraph specifically stated that one of the purposes for which the Arctic National Wildlife Refuge is established and managed would be to provide the opportunity for continued subsistence uses by local residents, and, therefore, the lands designated as wilderness within the Refuge, including the area designated by this Act, are and will continue to be managed consistent with such subparagraph. (8) Canada has taken action to preserve those portions of the wilderness ecosystem of the Arctic that exist on its side of the international border and provides strong legal protection for the habitat of the Porcupine River caribou herd that migrates annually through both countries to calve on the Arctic coastal plain. (9) The extension of full wilderness protection for the Arctic coastal plain within the Arctic National Wildlife Refuge will still leave most of the North Slope of Alaska available for the development of energy resources, which will allow Alaska to continue to contribute significantly to meeting the energy needs of the United States without despoiling the unique Arctic coastal plain of the Arctic National Wildlife Refuge. (b) Statement of Policy.--The Congress hereby declares that it is the policy of the United States-- (1) to honor the decades of bipartisan efforts that have increasingly protected the great wilderness ecosystem of the Arctic coastal plain; (2) to sustain this natural treasure for the current generation of Americans; and (3) to do everything possible to protect and preserve this magnificent natural ecosystem so that it may be bequeathed in its unspoiled natural condition to future generations of Americans. SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS, ARCTIC NATIONAL WILDLIFE REFUGE, ALASKA. (a) Inclusion of Arctic Coastal Plain.--In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), an area within the Arctic National Wildlife Refuge in the State of Alaska comprising approximately 1,559,538 acres, as generally depicted on a map entitled ``Arctic National Wildlife Refuge--1002 Area Alternative E--Wilderness Designation'' and dated October 28, 1991, is hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The map referred to in this subsection shall be available for inspection in the offices of the Secretary of the Interior. (b) Administration.--The Secretary of the Interior shall administer the area designated as wilderness by subsection (a) in accordance with the Wilderness Act as part of the wilderness area already in existence within the Arctic National Wildlife Refuge as of the date of the enactment of this Act.

Udall-Eisenhower Arctic Wilderness Act - Designates specified lands within Alaska in the Arctic National Wildlife Refuge (ANWR) as wilderness and components of the National Wilderness Preservation System.

To preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Generation Internet Research Act of 1998''. SEC. 2. DEFINITIONS. (a) Terms Used in This Act.--For purposes of this Act-- (1) Internet.--The term ``Internet'' has the meaning given such term by section 230(e)(1) of the Communications Act of 1934 (47 U.S.C. 230(e)(1)). (2) Geographic penalty.--The term ``geographic penalty'' means the imposition of costs on users of the Internet in rural or other locations attributable to the distance of the user from network facilities, the low population density of the area in which the user is located, or other factors, that are disproportionately greater than the costs imposed on users in locations closer to such facilities or on users in locations with significantly greater population density. (b) Definition of Network in High-Performance Computing Act of 1991.--Paragraph (4) of section 4 of the High-Performance Computing Act of 1991 (15 U.S.C. 5503) is amended by striking ``network referred to as the National Research and Education Network established under section 102; and'' and inserting ``network, including advanced computer networks of Federal agencies and departments; and''. SEC. 3. FINDINGS. (a) In General.--The Congress finds that-- (1) United States leadership in science and technology has been vital to the Nation's prosperity, national and economic security, and international competitiveness, and there is every reason to believe that maintaining this tradition will lead to long-term continuation of United States strategic advantages in information technology; (2) the United States' investment in science and technology has yielded a scientific and engineering enterprise without peer, and that Federal investment in research is critical to the maintenance of United States leadership; (3) previous Federal investment in computer networking technology and related fields has resulted in the creation of new industries and new jobs in the United States; (4) the Internet is playing an increasingly important role in keeping citizens informed of the actions of their government; and (5) continued inter-agency cooperation is necessary to avoid wasteful duplication in Federal networking research and development programs. (b) Additional Findings for the 1991 Act.--Section 2 of the High- Performance Computing Act of 1991 (15 U.S.C. 5501) is amended by-- (1) striking paragraph (4) and inserting the following: ``(4) A high-capacity, flexible, high-speed national research and education computer network is needed to provide researchers and educators with access to computational and information resources, act as a test bed for further research and development for high-capacity and high-speed computer networks, and provide researchers the necessary vehicle for continued network technology improvement through research.''; and (2) adding at the end thereof the following: ``(7) Additional research must be undertaken to lay the foundation for the development of new applications that can result in economic growth, improved health care, and improved educational opportunities. ``(8) Research in new networking technologies holds the promise of easing the economic burdens of information access disproportionately borne by rural users of the Internet. ``(9) Information security is an important part of computing, information, and communications systems and applications, and research into security architectures is a critical aspect of computing, information, and communications research programs.''. SEC. 4. PURPOSES. (a) In General.--The purposes of this Act are-- (1) to serve as the first authorization in a series of computing, information, and communication technology initiatives outlines in the High-Performance Computing Act of 1991 (15 U.S.C. 5501 et seq.) that will include research programs related to-- (A) high-end computing and computation; (B) human-centered systems; (C) high confidence systems; and (D) education, training, and human resources; and (2) to provide for the development and coordination of a comprehensive and integrated United States research program which will-- (A) focus on the research and development of a coordinated set of technologies that seeks to create a network infrastructure that can support greater speed, robustness, and flexibility than is currently available and promote connectivity and interoperability among advanced computer networks of Federal agencies and departments; (B) focus on research in technology that may result in high-speed data access for users that is both economically viable and does not impose a geographic penalty; and (C) encourage researchers to pursue approaches to networking technology that lead to maximally flexible and extensible solutions wherever feasible. (b) Modification of Purposes of the 1991 Act.--Section 3 of the High-Performance Computing Act of 1991 (15 U.S.C. 5502) is amended by-- (1) striking the section caption and inserting the following: ``SEC. 3. PURPOSES.''; (2) striking ``purpose of this Act is'' and inserting ``purposes of this Act are''; (3) striking ``universities; and'' in paragraph (1)(I) and inserting ``universities;''; (4) striking ``efforts.'' in paragraph (2) and inserting ``network research and development programs;''; and (5) adding at the end thereof the following: ``(3) promoting the further development of an information infrastructure of information stores, services, access mechanisms, and research facilities available for use through the Internet; ``(4) promoting the more rapid development and wider distribution of networking management and development tools; and ``(5) promoting the rapid adoption of open network standards.''. SEC. 5. DUTIES OF ADVISORY COMMITTEE. Title I of the High-Performance Computing Act of 1991 (15 U.S.C 5511 et seq.) is amended by adding at the end thereof the following: ``SEC. 103. ADVISORY COMMITTEE. ``(a) In General.--In addition to its functions under Executive Order 13035 (62 F.R. 7231), the Advisory Committee on High-Performance Computing and Communications, Information Technology, and the Next Generation Internet, established by Executive Order No. 13035 of February 11, 1997 (62 F.R. 7231) shall-- ``(1) assess the extent to which the Next Generation Internet program-- ``(A) carries out the purposes of this Act; ``(B) addresses concerns relating to, among other matters-- ``(i) geographic penalties (as defined in section 2(2) of the Next Generation Internet Research Act of 1998); and ``(ii) technology transfer to and from the private sector; and ``(2) assess the extent to which-- ``(A) the role of each Federal agency and department involved in implementing the Next Generation Internet program is clear, complementary to and non- duplicative of the roles of other participating agencies and departments; and ``(B) each such agency and department concurs with the rule of each other participating agency or department. ``(b) Reports.--The Advisory Committee shall assess implementation of the Next Generation Internet initiative and report, not less frequently than annually, to the President, the United States Senate Committee on Commerce, Science, and Transportation, and the United States House of Representatives Committee on Science on its findings for the preceding fiscal year. The first such report shall be submitted 6 months after the date of enactment of the Next Generation Internet Research Act of 1998 the last report shall be submitted by September 30, 2000.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Title I of the High-Performance Computing Act of 1991 (15 U.S.C 5511 et seq.), as amended by section 5 of this Act, is amended by adding at the end thereof the following: ``SEC. 104. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for the purpose of carrying out the Next Generation Internet program the following amounts: ------------------------------------------------------------------------ ``Agency FY 1999 FY 2000 ------------------------------------------------------------------------ ``Department of Defense.................... $40,000,000 $42,500,000 ``Department of Energy..................... $20,000,000 $25,000,000 ``National Science Foundation.............. $25,000,000 $25,000,000 ``National Institutes of Health............ $5,000,000 $7,500,000 ``National Aeronautics and Space Administration............................ $10,000,000 $10,000,000 ``National Institute of Standards and Technology................................ $5,000,000 $7,500,000. ------------------------------------------------------------------------ The amount authorized for the Department of Defense for fiscal year 1999 under this section shall be the amount authorized pursuant to the National Defense Authorization Act for Fiscal Year 1999.''. SEC. 7. STUDY OF EFFECTS ON TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS OF ADDING GENERIC TOP-LEVEL DOMAINS. (a) Study by National Research Council.--Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce shall request the National Research Council of the National Academy of Sciences to conduct a comprehensive study, taking into account the diverse needs of domestic and international Internet users, of the short-term and long-term effects on trademark and intellectual property rights holders of adding new generic top-level domains and related dispute resolution procedures. (b) Matters To Be Assessed In Study.--The study shall assess and, as appropriate, make recommendations for policy, practice, or legislative changes relating to-- (1) the short-term and long-term effects on the protection of trademark and intellectual property rights and consumer interests of increasing or decreasing the number of generic top-level domains; (2) trademark and intellectual property rights clearance processes for domain names, including-- (A) whether domain name databases should be readily searchable through a common interface to facilitate the clearing of trademarks and intellectual property rights and proposed domain names across a range of generic top-level domains; (B) the identification of what information from domain name databases should be accessible for the clearing of trademarks and intellectual property rights; and (C) whether generic top-level domain registrants should be required to provide certain information; (3) domain name trademark and intellectual property rights dispute resolution mechanisms, including how to-- (A) reduce trademark and intellectual property rights conflicts associated with the addition of any new generic top-level domains; and (B) reduce trademark and intellectual property rights conflicts through new technical approaches to Internet addressing; (4) choice of law or jurisdiction for resolution of trademark and intellectual property rights disputes relating to domain names, including which jurisdictions should be available for trademark and intellectual property rights owners to file suit to protect such trademarks and intellectual property rights; (5) trademark and intellectual property rights infringement liability for registrars, registries, or technical management bodies; and (6) short-term and long-term technical and policy options for Internet addressing schemes and the impact of such options on current trademark and intellectual property rights issues. (c) Cooperation With Study.-- (1) Interagency cooperation.--The Secretary of Commerce shall-- (A) direct the Patent and Trademark Office, the National Telecommunications and Information Administration, and other Department of Commerce entities to cooperate fully with the National Research Council in its activities in carrying out the study under this section; and (B) request all other appropriate Federal departments, Federal agencies, Government contractors, and similar entities to provide similar cooperation to the National Research Council. (2) Private corporation cooperation.--The Secretary of Commerce shall request that any private, not-for-profit corporation established to manage the Internet root server system and the top-level domain names provide similar cooperation to the National Research Council. (d) Report.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the National Research Council shall complete the study under this section and submit a report on the study to the Secretary of Commerce. The report shall set forth the findings, conclusions, and recommendations of the Council concerning the effects of adding new generic top-level domains and related dispute resolution procedures on trademark and intellectual property rights holders. (2) Submission to congressional committees.--Not later than 30 days after the date on which the report is submitted to the Secretary of Commerce, the Secretary shall submit the report to the Committees on Commerce and the Committees on the Judiciary of the Senate and House of Representatives. (e) Authorization of Appropriations.--There is authorized to be appropriated $800,000 for the study conducted under this Act. Passed the Senate June 26, 1998. Attest: GARY SISCO, Secretary.

Next Generation Internet Research Act of 1998 - Declares the purposes of this Act to be to: (1) serve as the first authorization in a series of computing, information, and communication technology initiatives outlined in the High-Performance Computing Act of 1991 (HPCA); and (2) provide for the development and coordination of a comprehensive and integrated U.S. research program on computer network infrastructure, high-speed data access, and networking technology. Directs the Advisory Committee on High-Performance Computing and Communications, Information Technology, and the Next Generation Internet (created under the HPCA) to assess the extent to which: (1) the Next Generation Internet program (program) carries out the purposes of this Act and addresses concerns relating to geographic penalties (costs imposed on Internet users in rural or small population areas that are greater than those imposed on users in large population areas or areas closer to network facilities) and technology transfer to and from the private sector; and (2) the role of each Federal department and agency involved in implementing the program is clear, complementary, and non-duplicative, as well as the extent to which each such department and agency concurs with the role of each other participating department or agency. Requires the Advisory Committee to assess program implementation and report at least annually to the President and specified congressional committees. Authorizes appropriations for FY 1999 and 2000 for the program. Requires the amount authorized for the Department of Defense for FY 1999 to be the amount authorized pursuant to the National Defense Authorization Act for FY 1999. Directs the Secretary of Commerce to request the National Research Council of the National Academy of Sciences to conduct a comprehensive study, taking into account the diverse needs of domestic and international Internet users, of the short-term and long-term effects on trademark and intellectual property rights holders of adding new generic top-level domains and related dispute resolution procedures. Sets forth reporting requirements for the Council and the Secretary. Authorizes appropriations.

Next Generation Internet Research Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Broadband Competition Act of 2001''. SEC. 2. AMENDMENT TO THE CLAYTON ACT ON THE APPLICABILITY OF THE ANTITRUST LAWS TO CERTAIN VIOLATIONS IN THE TELECOMMUNICATIONS INDUSTRY. The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end the following: ``Sec. 28. (a) In any action based on a claim arising under the antitrust laws-- ``(1) the court shall not dismiss such claim on the ground that the defendant's conduct was or is subject to the Communications Act of 1934 (47 U.S.C. 101 et seq.), or that such Act takes precedence over, because of its specificity or recency of enactment, the antitrust laws; and ``(2) the trier of fact may consider any conduct that violates any obligations or requirements imposed by the Communications Act of 1934 (47 U.S.C. 101 et seq.), or rules adopted pursuant thereto, in determining whether the defendant has engaged in anticompetitive or exclusionary conduct. ``Sec. 29. (a) If an adjudicatory body determines that an incumbent local exchange carrier in any particular State has violated section 251, 252, 271, or 272 of the Communications Act of 1934, or any rules promulgated pursuant to such sections, such carrier shall be deemed to have violated the antitrust laws. ``(b) In addition to any penalty that may be imposed under any other provision of law, such carrier and all affiliates of such carrier may not jointly market in such State any advanced telecommunications service with any other telecommunications or information services offered by such carrier or by any of such affiliates. ``(c) Not later than 1 year after the enactment of the American Broadband Competition Act of 2001, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate-- ``(1) identifying suits brought under this section; and ``(2) describing the effect that the enforcement of this section has had on competitiveness in the telecommunication marketplace.''. SEC. 3. ESTABLISHMENT OF AN ALTERNATIVE PROCESS TO RESOLVE DISPUTES. (a) Amendment.--Title 9 of the United States Code is amended by inserting after section 16 the following: ``Sec. 17. Disputes arising under interconnection agreements ``(a) Interconnection Agreement Controversies Subject to Arbitration.--Any interconnection agreement entered into pursuant to section 252 of the Communications Act of 1934 (47 U.S.C. 252) shall be treated for purposes of this chapter as a contract containing a written provision to settle by arbitration a controversy thereafter arising out of such contract. Any such controversy shall be subject to arbitration in accordance with the alternate dispute resolution process established pursuant to this section. ``(b) Establishment Required.--Within 90 days after enactment of the American Broadband Competition Act of 2001, the Attorney General shall prescribe a multistate alternative dispute resolution process. The Attorney General shall not include either the Federal Communications Commission nor any State commission as a party to such dispute resolution process. ``(c) Criteria for Establishment of Process.--The multistate alternative dispute resolution process required by this section shall-- ``(1) provide for a private, commercial arbitration process that will permit a requesting telecommunications carrier to resolve a dispute related to an interconnection agreement with an incumbent local exchange carrier arising in 1 or several States in an open, nondiscriminatory, and unbiased fashion within 45 days after the filing of such dispute; ``(2) incorporate the Commercial Dispute Resolution Procedures of the American Arbitration Association in effect at the date of enactment of the American Broadband Competition Act of 2001 to the extent consistent with the time limits imposed in this section, except that all decisions of arbitration panels constituted pursuant to this section shall be in writing, publicly available, and posted on the Internet; ``(3) permit all parties to have the right to discovery; and ``(4) ensure requesting telecommunications carriers do not file frivolous disputes, and establish penalties to deter such conduct. ``(d) Authority of Arbitration Panels.--Except as otherwise provided in this section, awards and decisions of such arbitration panels shall be enforceable in Federal district courts pursuant to the procedures of this chapter. ``(e) No Collateral Estoppel.--The parties to the controversy shall be bound by the decision of the arbitration panel as to the matter in controversy under the interconnection agreement entered into pursuant to section 252 of the Communications Act of 1934 (47 U.S.C. 252), but otherwise such decision shall not have the effect of collateral estoppel in any other proceeding involving any of such parties. ``(f) Other Remedies Not Limited.--Except as provided in subsection (e), the availability of alternative dispute resolution pursuant to this section shall not-- ``(1) limit any other remedy a requesting telecommunications carrier might have for the same or similar facts, including relief before the Attorney General of the United States, the Federal Communications Commission or State commissions (as defined by section 3 of the Communications Act of 1934), courts of the United States, or any other appropriate forum; or ``(2) modify, affect, or supersede the authority and responsibility of the Federal Communications Commission to expeditiously administer and enforce the Communications Act of 1934.''. (b) Conforming Amendment.--The table of sections of chapter 1 of title 9 is amended by inserting after the item relating to section 16 the following: ``17. Disputes arising under interconnection agreements.''.

American Broadband Competition Act of 2001 - Amends the Clayton Act to provide for the application of that Act to specified violations in the telecommunications industry, including violations by an incumbent local exchange carrier in a State. Prohibits such carrier and all affiliates from jointly marketing in a State any advanced telecommunications service with any other telecommunications or information services offered by such carrier or affiliates. Directs the Attorney General to report on suits brought herein, describing the effect that enforcement has had on competitiveness in the telecommunication marketplace.Treats certain interconnection agreements as contracts containing a written provision to settle by arbitration a controversy thereafter arising out of such contract. Subjects any such controversy to arbitration in accordance with the alternative dispute resolution (ADR) process established under this Act.Requires the Attorney General to prescribe a multi-state ADR process for disputes related to an interconnection agreement.

To ensure the application of the antitrust laws to local telephone monopolies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned Mine Lands Reclamation Reform Act of 2004''. SEC. 2. AMENDMENTS TO SURFACE MINING ACT. (a) Amendments to Section 401.--(1) Section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended as follows: (A) In subsection (c) by striking paragraphs (2) and (6) and redesignating paragraphs (3) through (13) in order as paragraphs (2) through (11). (B) In subsection (e)-- (i) in the second sentence, by striking ``the needs of such fund'' and inserting ``achieving the purposes of the transfers under section 402(h)''; and (ii) in the third sentence, by inserting before the period the following: ``for the purpose of the transfers under section 402(h).''. (2) Section 712(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ``section 401(c)(11)'' and inserting ``section 401(c)(9)''. (b) Amendments to Section 402.--Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended as follows: (1) In subsection (a)-- (A) by striking ``35'' and inserting ``28''; (B) by striking ``15'' and inserting ``12''; and (C) by striking ``10 cents'' and inserting ``8 cents''. (2) In subsection (b) by striking ``2004'' and all that follows through the end of the sentence and inserting ``2019.''. (3) In subsection (g)(1)(D) by striking ``in any area under paragraph (2), (3), (4), or (5)'' and inserting ``under paragraph (5)''. (4) Subsection (g)(2) is amended to read as follows: ``(2) In making the grants referred to in paragraph (1)(C) and the grants referred to in paragraph (5), the Secretary shall ensure strict compliance by the States and Indian tribes with the priorities set forth in section 403(a) until a certification is made under section 411(a).''. (5) In subsection (g)(3)-- (A) in the matter preceding subparagraph (A) by striking ``paragraphs (2) and'' and inserting ``paragraph''; (B) in subparagraph (A) by striking ``401(c)(11)'' and inserting ``401(c)(9)''; and (C) by adding at the end the following: ``(E) For the purpose of paragraph (8).''. (6) In subsection (g)(5)-- (A) by inserting ``(A)'' before the first sentence; (B) in the first sentence by striking ``40'' and inserting ``60''; (C) in the last sentence by striking ``Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4),'' and inserting ``Funds made available under paragraph (3) or (4)''; and (D) by adding at the end the following: ``(B) Any amount that is reallocated and available under section 411(h)(3) shall be in addition to amounts that are allocated under subparagraph (A).''. (7) Subsection (g)(6) is amended to read as follows: ``(6)(A) Any State with an approved abandoned mine reclamation program pursuant to section 405 may receive and retain, without regard to the 3-year limitation referred to in paragraph (1)(D), up to 10 percent of the total of the grants made annually to such State under paragraphs (1) and (5) if such amounts are deposited into an acid mine drainage abatement and treatment fund established under State law, from which amounts (together with all interest earned on such amounts) are expended by the State for the abatement of the causes and the treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices. ``(B) For the purposes of this paragraph, the term `qualified hydrologic unit' means a hydrologic unit-- ``(i) in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely impacts biological resources; and ``(ii) that contains lands and waters that are-- ``(I) eligible pursuant to section 404 and include any of the priorities set forth in section 403(a); and ``(II) the subject of expenditures by the State from the forfeiture of bonds required under section 509 or from other States sources to abate and treat acid mine drainage.''. (8) Subsection (g)(7) is amended to read as follows: ``(7) In complying with the priorities set forth in section 403(a), any State or Indian tribe may use amounts available in grants made annually to such State or tribe under paragraphs (1) and (5) for the reclamation of eligible lands and waters set forth in section 403(a)(3) prior to the completion of reclamation projects under paragraphs (1) and (2) of section 403(a) only if the expenditure of funds for such reclamation is done in conjunction with the expenditure of funds for reclamation projects under paragraphs (1) and (2) of section 403(a).''. (9) Subsection (g)(8) is amended to read as follows: ``(8) In making the grants referred to in paragraph (1)(C), the Secretary, using amounts allocated to a State or Indian tribe under subparagraphs (A) or (B) of paragraph (1) or as necessary amounts available to the Secretary under paragraph (3), shall assure total grant awards of not less than $2,000,000 annually to each State and each Indian tribe. Notwithstanding any other provision of law, this paragraph applies to the State of Tennessee.''. (10) Subsection (h) is amended-- (A) in paragraph (2) by striking ``sum of--'' and all that follows through ``$70,000,000.'' and inserting ``sum of the amount of interest that the Secretary estimates will be earned and paid to the Combined Fund during the fiscal year. The amount transferred shall be used, notwithstanding any other provision of law, to pay the amount of any deficit in net assets in the Combined Fund.''; and (B) by striking paragraphs (3) and (4). (c) Amendments to Section 403.--Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)) is amended as follows: (1) In subsection (a)-- (A) in paragraph (1) by striking ``general welfare,''; (B) in paragraph (2) by striking ``health, safety, and general welfare'' and inserting ``health and safety'', and inserting ``and'' after the semicolon at the end; (C) in paragraph (3) by striking the semicolon at the end and inserting a period; and (D) by striking paragraphs (4) and (5). (2) In subsection (b)-- (A) by striking the heading and inserting ``Water Supply Restoration.--''; and (B) in paragraph (1) by striking ``up to 30 percent of the''. (3) In subsection (c) by inserting ``, subject to the approval of the Secretary,'' after ``amendments''. (d) Amendment to Section 406.--Section 406(h) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended by striking ``Soil Conservation Service'' and inserting ``Natural Resources Conservation Service''. (e) Further Amendment to Section 406.--Section 406 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended by adding at the end the following: ``(i) There is authorized to be appropriated to the Secretary of Agriculture, from amounts in the Treasury other than amounts in the fund, such sums as may be necessary to carry out this section.''. (f) Amendment to Section 408.--Section 408(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1238) is amended by striking ``who owned the surface prior to May 2, 1977, and''. (g) Amendments to Section 411.--Section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended as follows: (1) In subsection (a) by inserting ``(1)'' before the first sentence, and by adding at the end the following: ``(2) The Secretary may, on the Secretary's own volition, make the certification referred to in paragraph (1) on behalf of any State or Indian tribe referred to in paragraph (1) if on the basis of the inventory referred to in section 403(c) all reclamation projects relating to the priorities set forth in section 403(a) for eligible lands and water pursuant to section 404 in such State or tribe have been completed. The Secretary shall only make such certification after notice in the Federal Register and opportunity for public comment.''. (2) By adding at the end the following: ``(h) State Share for Certain Certified States.--(1)(A) From moneys referred to in subsection (a) of section 35 of the Mineral Leasing Act (30 U.S.C. 191(a)) that are paid into the Treasury after the date of the enactment of this subsection and that are not paid to States under section 35 of the Mineral Leasing Act or reserved as part of the reclamation fund under such section, the Secretary shall pay to each qualified State, on a proportional basis, an amount equal to the sum of the aggregate unappropriated amount allocated to such qualified State under section 402(g)(1)(A). ``(B) In this paragraph the term `qualified State' means a State for which a certification is made under subsection (a) and in which there are public domain lands available for leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.) ``(2) Payments to States under this subsection shall be made, without regard to any limitation in section 401(d), in the same manner as if paid under section 35 of the Mineral Leasing Act (30 U.S.C. 191) and concurrently with payments to States under that section. ``(3) The amount allocated to any State under section 402(g)(1)(A) that is paid to such State as a result of a payment under paragraph (1) of this subsection shall be reallocated and available for grants under section 402(g)(5).''. (h) Extension of Limitation on Application of Prohibition on Issuance of Permit.--Section 510(e) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by striking ``2004'' and inserting ``2019''. SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS TITLE. (a) Transition Rules.--(1) Amounts allocated under section 402(g)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (excluding interest) prior to the date of enactment of this Act for the program set forth under section 406 of that Act (30 U.S.C. 1236), but not appropriated prior to such date, shall be available in fiscal year 2004 and thereafter for the transfers referred to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by this Act, in the same manner as are other amounts available for such transfers. (2) Notwithstanding any other provision of law, interest credited to the fund established by section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) that is not transferred to the Combined Benefit Fund referred to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by this Act, prior to the date of enactment of this Act shall be available in fiscal year 2004 and thereafter for the transfers referred to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by this Act, in the same manner as are other amounts available for such transfers. (b) Inventory.--Within one year after the date of enactment of this Act, the Secretary of the Interior shall complete a review of all additions made, pursuant to amendments offered by States and Indian tribes after December 31, 1998, to the inventory referred to in section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) to ensure that such additions reflect eligible lands and waters pursuant to section 404 of such Act (30 U.S.C. 1234) that meet the priorities set forth in paragraphs (1) and (2) of section 403(a) of such Act (30 U.S.C. 1233(a)(1) and (2)), and are correctly identified pursuant to such priorities. Any lands or waters that were included in the inventory pursuant to the general welfare standard set forth in section 403(a) of such Act (30 U.S.C. 1233(a)) before the date of enactment of this Act that are determined in the review to no longer meet the criteria set forth in paragraphs (1) and (2) of section 403(a) of such Act, as amended by this Act, shall be removed from the inventory.

Abandoned Mine Lands Reclamation Reform Act of 2004 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization that certain moneys in the Abandoned Mine Reclamation Fund may be used: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for studies by contract with organizations for advice and research and development projects technical assistance. Reduces the reclamation fee required to be paid by operators of coal mining operations. Revises Fund allocation requirements with respect to reclamation fees. Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities such as utilities, roads, recreation and conservation facilities adversely affected by coal mining practices; and (2) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits. States that no lien shall be filed against any person who neither consented to, nor participated in nor exercised control over the mining operation which necessitated reclamation. Repeals the limitation of such prohibition to persons who owned the surface before May 2, 1977. Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes.

To amend the Surface Mining Control and Reclamation Act of 1977 to reauthorize and reform the Abandoned Mine Reclamation Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Chemistry Research and Development Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Green chemistry.--The term ``green chemistry'' means chemistry and chemical engineering to design chemical products and processes that reduce or eliminate the use or generation of hazardous substances. (2) Interagency working group.--The term ``Interagency Working Group'' means the interagency working group established under section 3(c). (3) Program.--The term ``Program'' means the Green Chemistry Research and Development Program described in section 3. SEC. 3. GREEN CHEMISTRY RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The President shall establish a Green Chemistry Research and Development Program to promote and coordinate Federal green chemistry research, development, demonstration, education, and technology transfer activities. (b) Program Activities.--The activities of the Program shall be designed to-- (1) provide sustained support for green chemistry research, development, demonstration, education, and technology transfer through-- (A) merit-reviewed competitive grants to individual investigators and teams of investigators, including, to the extent practicable, young investigators, for research and development; (B) merit-reviewed competitive grants to fund collaborative university-industry research and development partnerships; (C) green chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories; and (D) to the extent practicable, encouragement of consideration of green chemistry in-- (i) the conduct of Federal chemical science and engineering research and development; and (ii) the solicitation and evaluation of all proposals for chemical science and engineering research and development; (2) examine methods by which the Federal Government can create incentives for consideration and use of green chemistry processes and products; (3) facilitate the adoption of green chemistry innovations; (4) expand education and training of undergraduate and graduate students in green chemistry science and engineering; (5) collect and disseminate information on green chemistry research, development, and technology transfer, including information on-- (A) incentives and impediments to development and commercialization; (B) accomplishments; (C) best practices; and (D) costs and benefits; and (6) provide venues for outreach and dissemination of green chemistry advances such as symposia, forums, conferences, and written materials in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups. (c) Interagency Working Group.--The President shall establish an Interagency Working Group, which shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Energy, the Environmental Protection Agency, and any other agency that the President may designate. The Director of the National Science Foundation and the Assistant Administrator for Research and Development of the Environmental Protection Agency shall serve as co-chairs of the Interagency Working Group. The Interagency Working Group shall oversee the planning, management, and coordination of the Program. The Interagency Working Group shall-- (1) establish goals and priorities for the Program, to the extent practicable in consultation with green chemistry researchers and potential end-users of green chemistry products and processes; and (2) provide for interagency coordination, including budget coordination, of activities under the Program. (d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Interagency Working Group shall transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report shall include-- (1) a summary of federally funded green chemistry research, development, demonstration, education, and technology transfer activities, including the green chemistry budget for each of these activities; and (2) an analysis of the progress made toward achieving the goals and priorities for the Program, and recommendations for future program activities. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) National Science Foundation.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for carrying out this Act-- (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007. (b) National Institute of Standards and Technology.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act-- (1) $5,000,000 for fiscal year 2005; (2) $5,500,000 for fiscal year 2006; and (3) $6,000,000 for fiscal year 2007. (c) Department of Energy.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Department of Energy for carrying out this Act-- (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007. (d) Environmental Protection Agency.--From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Environmental Protection Agency for carrying out this Act-- (1) $7,000,000 for fiscal year 2005; (2) $7,500,000 for fiscal year 2006; and (3) $8,000,000 for fiscal year 2007.

Green Chemistry Research and Development Act of 2004 - Directs the President to establish a Green Chemistry Research and Development Program to promote and coordinate Federal research, development, demonstration, education, and technology transfer activities related to green chemistry and chemical engineering to design chemical products and processes that reduce or eliminate the use or generation of hazardous substances. Requires the President to establish an Interagency Working Group to oversee the planning, management, and coordination of the Program.

A bill to provide for the implementation of a Green Chemistry Research and Development Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Discriminatory State Taxes for Automobile Renters Act of 2015''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Congress has prohibited economic protectionism by State and local governments that unduly burden or discriminate against interstate commerce and transportation under the authority granted by the Commerce Clause of the Constitution by enacting laws such as the Railroad Revitalization and Regulatory Reform Act of 1976, the Motor Carrier Act of 1980, the Bus Regulatory Reform Act of 1982, and the Airport and Airway Improvement Act of 1982. (2) In Gibbons v. Ogden, 22 U.S. 1 (1824), a case challenging the exclusive right of navigating the waters of New York granted by that State, the Supreme Court affirmed that it is the sole right of Congress to regulate commerce between the States under what Chief Justice John Marshall recognized as the dormant Commerce Clause. (3) Since 1990, over 100 discriminatory taxes have been imposed by State and local governments on motor vehicle rentals in violation of the dormant Commerce Clause. (b) Purpose.--The purpose of this Act is to prohibit prospectively, and provide a remedy for, tax discrimination by a State or Locality against the rental of motor vehicles. SEC. 3. PROHIBITION ON DISCRIMINATION. (a) In General.--Chapter 805 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 80505. Tax discrimination against motor vehicle rental property ``(a) Definitions.--In this section: ``(1) Assessment and assessment jurisdiction.-- ``(A) Assessment.--The term `assessment' has the meaning given that term in section 11501(a)(1). ``(B) Assessment jurisdiction.--The term `assessment jurisdiction' has the meaning given that term in section 11501(a)(2). ``(2) Commercial and industrial property.--The term `commercial and industrial property' means property, other than motor vehicle rental property and land used primarily for agricultural purposes or timber growing, which is devoted to a commercial or industrial use. ``(3) Commercial and industrial taxpayers.--The term `other commercial and industrial taxpayers' means persons of entities who are engaged in a trade or business, other than the trade or business of renting motor vehicles, within a State or Locality. ``(4) Covered person.--The term `covered person' means a person who-- ``(A) rents motor vehicles to another person; ``(B) is engaged in the business of renting motor vehicles; ``(C) owns motor vehicle rental property; ``(D) rents a motor vehicle from another person; or ``(E) purchases motor vehicle rental property. ``(5) Discriminatory tax.--The term `discriminatory tax' includes the following: ``(A) A tax discriminates against the rental of motor vehicles if a State or Locality imposes the tax on, or with respect to-- ``(i) the rental of motor vehicles but the tax is not a generally applicable tax on, or with respect to, more than 51 percent of the rentals of other tangible personal property within the State or Locality; or ``(ii) the rental of motor vehicles at a tax rate that exceeds the generally applicable tax rate on at least 51 percent of the rentals of other tangible personal property within the same State or Locality. ``(B) A tax discriminates against the business of renting motor vehicles if a State or Locality imposes the tax on, or with respect to-- ``(i) the business of renting motor vehicles but the tax is not a generally applicable tax on, or with respect to, more than 51 percent of the businesses of other commercial and industrial taxpayers within the State or Locality; or ``(ii) the business of renting motor vehicles at a tax rate that exceeds the generally applicable tax rate on at least 51 percent of the business of commercial and industrial taxpayers within the State or Local jurisdiction. ``(C) A tax discriminates against motor vehicle rental property if a State or Locality-- ``(i) assesses motor vehicle rental property at a value that has a higher ratio to the true market value of the property than the ratio of the assessed value to the true market value applicable to commercial and industrial property in the same assessment jurisdiction; ``(ii) levies or collects a tax on an assessment that may not be made under clause (i); or ``(iii) levies or collects an ad valorem property tax on motor vehicle rental property at a generally applicable tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. ``(6) Local or locality.--The terms `Local' and `Locality' mean a political subdivision of any State, or any governmental entity or person acting on behalf of such Locality, with the authority to impose, levy, or collect taxes. ``(7) Motor vehicle.--The term `motor vehicle' has the meaning given that term in section 13102(16). ``(8) Motor vehicle rental property.--The term `motor vehicle rental property' means property owned or used by a person engaged in the business of renting motor vehicles and used to provide rentals of motor vehicles. ``(9) Rental of motor vehicles.--The term `rental of motor vehicles' means the rental of a motor vehicle that is given by the owner of the motor vehicle for exclusive use to another for not longer than 180 days for valuable consideration and only includes the rental of motor vehicles with a pre-arranged driver or motor vehicles without a driver, but shall not include taxi cab service as defined by section 13102(22). ``(10) Rental of other tangible or personal property.--The term `rental of other tangible or personal property' means any rental of tangible or personal property, other than the rental of motor vehicles. ``(11) State.--The term `State' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any governmental entity or person acting on behalf of such State, and with the authority to impose, levy, or collect taxes. ``(12) Tax.--Except as otherwise specifically provided below, the term `tax' means any type of charge required by statute, regulation, or agreement to be paid or furnished to a State or Locality, regardless of whether such charge is denominated as a tax, a fee, or any other type of exaction. The term `tax' does not include any charge imposed by a State or Locality with respect to a concession agreement at a federally assisted airport (provided the agreement does not violate the revenue diversion provisions of section 40116(d)), or the registration, licensing, or inspection of motor vehicles, if the charge is imposed generally with respect to motor vehicles, without regard to whether such vehicles are used in the business of renting motor vehicles within the State or Locality. ``(13) Tax base.--The term `tax base' means the receipts, income, value, weight, or other measure of a tax to which the rate is applied. The `tax base' of a tax imposed on a per unit basis is the unit. ``(14) Generally applicable tax.--The term `generally applicable tax' may be determined by-- ``(A) the gross receipts of rentals of other tangible personal property or other commercial and industrial taxpayers within the State or Locality to which the tax is imposed by the State or Locality compared to the gross receipts of rentals of other tangible personal property or other commercial and industrial taxpayers within the State or Locality; or ``(B) another method used to determine whether more than 51 percent of rentals of other tangible personal property or other commercial and industrial taxpayers is subject to the tax. ``(b) Unreasonable Burdens and Discrimination Against Interstate Commerce.-- ``(1) In general.--The following acts unreasonably burden and discriminate against interstate commerce, and a State or Locality may not do any of them: ``(A) Levy or collect a discriminatory tax on the rental of motor vehicles. ``(B) Levy or collect a discriminatory tax on the business of renting motor vehicles. ``(C) Levy or collect a discriminatory tax on motor vehicle rental property. ``(2) Exclusion.--Discriminatory taxes are not prohibited under this section if the tax is imposed as of the date of the enactment of this section, does not lapse, the tax rate does not increase, and the tax base for such tax does not change. ``(c) Remedies.-- ``(1) In general.--Notwithstanding section 1341 of title 28, a covered person aggrieved of a violation of subsection (b) may bring a civil action in a district court of the United States seeking damages, injunctive relief, other legal or equitable relief, or declaratory relief. ``(2) Relief.--In granting relief against a tax levied or collected in violation of subsection (b), if the tax is a discriminatory tax the court shall strike only the discriminatory or excessive portion of the tax. ``(3) Burden of proof.-- ``(A) In general.--Except as provided in subparagraph (B), a covered person shall have the burden of proving, by a preponderance of the evidence, that the levying or collecting of a tax violates subsection (b). ``(B) Equivalent of other taxes.--If the court determines that the levying or collecting of a tax violates subsection (b), the State or Locality shall have the burden of proving, by a preponderance of the evidence, that the tax is the equivalent of a tax imposed on other commercial and industrial taxpayers under paragraph (2). ``(4) Other remedies.--Nothing in this subsection shall limit any cause of action or remedy available under any other provision of Federal or State law. ``(d) Limitations.--This section shall not be construed to constitute the consent of Congress to State or Local taxation that would be prohibited in the absence of this section.''. (b) Clerical Amendment.--The table of sections for chapter 805 of title 49, United States Code, is amended by inserting after the item relating to section 80504 the following: ``80505. Rules relating to State taxation with respect to automobile rentals.''.

End Discriminatory State Taxes for Automobile Renters Act of 2015 This bill prohibits a state or locality from levying or collecting a discriminatory tax on the rental of motor vehicles, the business of renting motor vehicles, or motor vehicle rental property, except where such tax is imposed as of the enactment date of this Act, the tax does not lapse, the tax rate does not increase, and the tax base for such tax does not change. A tax is considered discriminatory if it is applicable to the rental of motor vehicles or to motor vehicle businesses or property, but not to the majority of other rentals of tangible personal property or businesses within a state or locality. The bill allows a person who is aggrieved by a discriminatory tax to bring a civil action in a U.S. district court for damages, injunctive relief, other legal or equitable relief, or declaratory relief.

End Discriminatory State Taxes for Automobile Renters Act of 2015

SECTION 1. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J). (2) Conforming amendments.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which she remarries or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which he remarries''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which such parent marries, or such parent''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 3. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(10) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.

Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to entitle a beneficiary to a prorated OASDI benefit for the month in which he or she dies. Disregards OASDI benefits for the month of death in determining maximum family benefits under OASDI.

To amend title II of the Social Security Act to provide that an individual's entitlement to any benefit thereunder shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month) and that such individual's benefit shall be payable for such month only to the extent proportionate to the number of days in such month preceding the date of such individual's death.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Supply Permitting Coordination Act''. SEC. 2. DEFINITIONS. In this Act: (1) Bureau.--The term ``Bureau'' means the Bureau of Reclamation. (2) Cooperating agencies.--The term ``cooperating agency'' means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a qualifying project under applicable Federal laws and regulations, or a State agency subject to section 3(c). (3) Qualifying projects.--The term ``qualifying projects'' means new surface water storage projects in the States covered under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.) constructed on lands administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or any private holding. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES. (a) Establishment of Lead Agency.--The Bureau is established as the lead agency for purposes of coordinating all reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to construct qualifying projects. (b) Identification and Establishment of Cooperating Agencies.--The Commissioner of the Bureau shall-- (1) identify, as early as practicable upon receipt of an application for a qualifying project, any Federal agency that may have jurisdiction over a review, analysis, opinion, statement, permit, license, approval, or decision required for a qualifying project under applicable Federal laws and regulations; and (2) notify any such agency, within a reasonable timeframe, that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the Bureau in writing, within a timeframe set forth by the Bureau, notifying the Bureau that the agency-- (A) has no jurisdiction or authority with respect to the qualifying project; (B) has no expertise or information relevant to the qualifying project or any review, analysis, opinion, statement, permit, license, or other approval or decision associated therewith; or (C) does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the Bureau. (c) State Authority.--A State in which a qualifying project is being considered may choose, consistent with State law-- (1) to participate as a cooperating agency; and (2) to make subject to the processes of this Act all State agencies that-- (A) have jurisdiction over the qualifying project; (B) are required to conduct or issue a review, analysis, or opinion for the qualifying project; or (C) are required to make a determination on issuing a permit, license, or approval for the qualifying project. SEC. 4. BUREAU RESPONSIBILITIES. (a) In General.--The principal responsibilities of the Bureau under this Act are-- (1) to serve as the point of contact for applicants, State agencies, Indian tribes, and others regarding proposed qualifying projects; (2) to coordinate preparation of unified environmental documentation that will serve as the basis for all Federal decisions necessary to authorize the use of Federal lands for qualifying projects; and (3) to coordinate all Federal agency reviews necessary for project development and construction of qualifying projects. (b) Coordination Process.--The Bureau shall have the following coordination responsibilities: (1) Preapplication coordination.--Notify cooperating agencies of proposed qualifying projects not later than 30 days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants, relevant Federal and State agencies, and Indian tribes-- (A) to explain applicable processes, data requirements, and applicant submissions necessary to complete the required Federal agency reviews within the timeframe established; and (B) to establish the schedule for the qualifying project. (2) Consultation with cooperating agencies.--Consult with the cooperating agencies throughout the Federal agency review process, identify and obtain relevant data in a timely manner, and set necessary deadlines for cooperating agencies. (3) Schedule.--Work with the qualifying project applicant and cooperating agencies to establish a project schedule. In establishing the schedule, the Bureau shall consider, among other factors-- (A) the responsibilities of cooperating agencies under applicable laws and regulations; (B) the resources available to the cooperating agencies and the non-Federal qualifying project sponsor, as applicable; (C) the overall size and complexity of the qualifying project; (D) the overall schedule for and cost of the qualifying project; and (E) the sensitivity of the natural and historic resources that may be affected by the qualifying project. (4) Environmental compliance.--Prepare a unified environmental review document for each qualifying project application, incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions. Help ensure that cooperating agencies make necessary decisions, within their respective authorities, regarding Federal approvals in accordance with the following timelines: (A) Not later than 1 year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) Not later than 1 year and 30 days after the close of the public comment period for a draft environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), when an environmental impact statement is required under the same. (5) Consolidated administrative record.--Maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions. (6) Project data records.--To the extent practicable and consistent with Federal law, ensure that all project data is submitted and maintained in generally accessible electronic format, compile, and where authorized under existing law, make available such project data to cooperating agencies, the qualifying project applicant, and to the public. (7) Project manager.--Appoint a project manager for each qualifying project. The project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents, and shall be responsible for ensuring fulfillment of all Bureau responsibilities set forth in this section and all cooperating agency responsibilities under section 5. SEC. 5. COOPERATING AGENCY RESPONSIBILITIES. (a) Adherence to Bureau Schedule.-- (1) Timeframes.--On notification of an application for a qualifying project, the head of each cooperating agency shall submit to the Bureau a timeframe under which the cooperating agency reasonably will be able to complete the authorizing responsibilities of the cooperating agency. (2) Schedule.-- (A) Use of timeframes.--The Bureau shall use the timeframes submitted under this subsection to establish the project schedule under section 4. (B) Adherence.--Each cooperating agency shall adhere to the project schedule established by the Bureau under subparagraph (A). (b) Environmental Record.--The head of each cooperating agency shall submit to the Bureau all environmental review material produced or compiled in the course of carrying out activities required under Federal law, consistent with the project schedule established by the Bureau under subsection (a)(2). (c) Data Submission.--To the extent practicable and consistent with Federal law, the head of each cooperating agency shall submit all relevant project data to the Bureau in a generally accessible electronic format, subject to the project schedule established by the Bureau under subsection (a)(2). SEC. 6. FUNDING TO PROCESS PERMITS. (a) In General.--The Secretary, after public notice in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project. (b) Effect on Permitting.-- (1) In general.--In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not substantively or procedurally impact impartial decisionmaking with respect to permits. (2) Evaluation of permits.--In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall-- (A) be reviewed by the Regional Director of the Bureau of the region in which the qualifying project or activity is located (or a designee); and (B) use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. (3) Impartial decisionmaking.--In carrying out this section, the Secretary and the head of each cooperating agency receiving funds under this section for a qualifying project shall ensure that the use of the funds accepted under this section for the qualifying project shall not-- (A) substantively or procedurally impact impartial decisionmaking with respect to the issuance of permits; or (B) diminish, modify, or otherwise affect the statutory or regulatory authorities of the cooperating agency. (c) Limitation on Use of Funds.--None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A). (d) Public Availability.--The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet.

Water Supply Permitting Coordination Act This bill establishes the Bureau of Reclamation as the lead agency for purposes of coordinating all reviews, permits, licenses, or other approvals or decisions (reviews) required under federal law to construct new surface water storage projects in the states covered under the Reclamation Act on lands administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or any private holding (qualifying projects). The Bureau: (1) upon receipt of an application for a qualifying project, shall identify any federal agency that may have jurisdiction over a required review; and (2) shall notify such agency that it has been designated as a cooperating agency unless specified conditions apply. Each cooperating agency must submit to the Bureau: (1) a timeframe for completing the agency's authorizing responsibilities, (2) all environmental review material produced in the course of carrying out activities required under federal law consistent with the project schedule, and (3) all relevant project data. A state in which a qualifying project is being considered may choose to: (1) participate as a cooperating agency; and (2) make subject to the processes of this bill all state agencies that have jurisdiction over the project, are required to conduct or issue a review, or are required to make a determination on issuing a permit, license, or approval for the qualifying project. The principal responsibilities of the Bureau are to: (1) serve as the point of contact for applicants, state agencies, Indian tribes, and others regarding qualifying projects; (2) coordinate preparation of unified environmental documentation that will serve as the basis for all federal decisions necessary to authorize the use of federal lands for qualifying projects; and (3) coordinate all federal agency reviews necessary for the development and construction of qualifying projects. The Department of the Interior, after public notice, may accept and expend funds contributed by a non-federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project. Interior must ensure that all final permit decisions are made available to the public, including on the Internet.

Water Supply Permitting Coordination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Church Insurance Protection Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) the recent incidents of arson attacks against churches should be condemned; and (2) houses of worship and their congregations should be held harmless for the recent acts of arson and insurance companies should be prohibited from taking punitive measures against the churches and congregations because of the occurrence of such acts. SEC. 3. PROHIBITION OF CANCELING OR DECLINING TO RENEW FIRE INSURANCE FOR RELIGIOUS PROPERTIES. An insurer may not cancel or decline to renew any coverage for fire insurance for a religious property based on-- (1) the race, color, religion, or national origin of the members of the congregation for, members of, or participants in, the religious organization or gathering that uses the property (or the predominant number of such members or participants); (2) the status of the property as a religious property; (3) any previous occurrence of arson against the property; or (4) any threat or perceived threat of arson against the property. SEC. 4. PROHIBITION OF DISCRIMINATION IN PREMIUM CHARGES. An insurer may not require, as a condition of coverage for fire insurance for a religious property, that the insured pay a premium or contribution which is greater than the premium or contribution for similar coverage for a similarly situated property, solely on the basis of-- (1) the race, color, religion, or national origin of the members of the congregation for, members of, or participants in, the religious organization or gathering that uses the property (or the predominant number of such members or participants); (2) the status of the property as a religious property; (3) any previous occurrence of arson against the property; or (4) any threat or perceived threat of arson against the property. SEC. 5. ENFORCEMENT THROUGH DEPARTMENT OF JUSTICE. (a) In General.--The authority and responsibility for investigating violations of this Act and for enforcing this Act shall be in the Attorney General. (b) Complaints.--The Attorney General shall provide for persons aggrieved under this Act to file complaints with the Attorney General alleging violations of this Act and shall investigate such complaints to determine whether the violations have occurred. (c) Monitoring Compliance.--The Attorney General may, on the Attorney General's own initiative, take such actions as the Attorney General considers appropriate to investigate and determine compliance with this Act. SEC. 6. CIVIL ACTION. (a) Cause of Action.--Whenever the Attorney General has reasonable cause to believe that a violation of this Act has occurred and judicial action is necessary to carry out the purposes of this Act, the Attorney General may commence a civil action in any appropriate United States district court. (b) Relief.--In addition to other appropriate relief which may be granted in a civil action, the court in a civil action under subsection (a)-- (1) may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this Act as is necessary to ensure the full enjoyment of rights granted by this Act (including an order of specific performance of any contract for insurance coverage); and (2) shall assess a civil penalty against the person determined to violate this Act in an amount of-- (A) $50,000, for a first violation; (B) $250,000, for a second violation; and (C) $500,000, for a third or subsequent violation. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Coverage for fire insurance.--The term ``coverage for fire insurance'' means any property and casualty insurance coverage that includes insurance against losses, damages, expenses, and liabilities caused by fires. The term includes coverage under a policy for only the line of insurance for losses from fires and coverage for such fire losses under a policy that includes the fire line of insurance together with other lines. (2) Insurer.--The term ``insurer'' means any corporation, association, society, order, firm, company, mutual, partnership, individual, aggregation of individuals, or other legal entity that is authorized to transact the business of property or casualty insurance in any State or that is engaged in a property or casualty insurance business. (3) Religious property.--The term ``religious property'' means any church, synagogue, mosque, or other religious property, and includes any buildings and support structures used primarily for worship and related activities.

Church Insurance Protection Act - Prohibits an insurer from canceling, declining to renew, or requiring a higher premium or contribution for fire insurance for a religious property based on: (1) the race, color, religion, or national origin of property users; (2) the status of the property as religious property; (3) any previous arson against the property; or (4) any perceived arson threat. Places authority and responsibility for investigating and enforcing this Act in the Attorney General. Authorizes the Attorney General to begin a civil action. Authorizes preventive relief and mandates civil monetary damages.

Church Insurance Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Development Lab Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The effectiveness of United States foreign assistance can be greatly enhanced by fostering innovation, applying science and technology, and leveraging the expertise and resources of the private sector to find low-cost, common sense solutions to today's most pressing development challenges. (2) Breakthroughs that accelerate economic growth and produce better health outcomes in developing countries can help support the growth of healthier, more stable societies and foster trade relationships that translate into jobs and economic growth in the United States. (3) In 2014, the Office of Science and Technology and the Office of Innovation and Development Alliances at the United States Agency for International Development (USAID) were streamlined and merged into the United States Global Development Lab. (4) The Lab partners with entrepreneurs, experts, nongovernmental organizations, universities, and science and research institutions to find solutions to specific development challenges in a faster, more cost-efficient, and more sustainable way. (5) The Lab utilizes competitive innovation incentive awards, a ``pay-for-success'' model, whereby a development challenge is identified, competitions are launched, ideas with the greatest potential for success are selected and tested, and awards are provided only after the objectives of a competition have been substantially achieved. (6) Enhancing the authorities that support this pay-for- success model will better enable the Lab to diversify and expand both the number and sources of ideas that may be developed, tested, and brought to scale, thereby increasing USAID's opportunity to apply high value, low-cost solutions to specific development challenges. SEC. 3. UNITED STATES GLOBAL DEVELOPMENT LAB. (a) Establishment.--There is established in USAID an entity to be known as the United States Global Development Lab. (b) Duties.--The duties of the Lab shall include-- (1) increasing the application of science, technology, innovation and partnerships to develop and scale new solutions to end extreme poverty; (2) discovering, testing, and scaling development innovations to increase cost effectiveness and support United States foreign policy and development goals; (3) leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; (4) utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and (5) supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decisionmaking, procurement, and program design. (c) Authorities.-- (1) In general.--In carrying out the duties of the Lab under subsection (b), the Administrator, in addition to such other authorities as may be available to the Administrator, including authorities under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and subject to the limitations described in paragraph (3), is authorized to-- (A) use not more than $15,000,000 of funds made available to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961 in a fiscal year to provide funding to improve health outcomes; (B) provide innovation incentive awards (as defined in section 4(5) of this Act); and (C) use funds made available to carry out the provisions of part I of the Foreign Assistance Act of 1961 for the employment of not more than 30 individuals on a limited term basis pursuant to schedule A of subpart C of part 213 of title 5, Code of Federal Regulations, or similar provisions of law or regulations. (2) Recovery of funds.-- (A) Authority.-- (i) In general.--In carrying out the duties of the Lab under subsection (b), the Administrator, subject to the limitation described in clause (ii), is authorized to require a person or entity that receives funding under a grant, contract, or cooperative agreement made by the Lab to return to the Lab any program income that is attributable to funding under such grant, contract, or cooperative agreement. (ii) Limitation.--The amount of program income that a person or entity is required to return to the Lab under clause (i) shall not exceed the amount of funding that the person or entity received under the grant, contract, or cooperative agreement. (B) Treatment of payments.-- (i) In general.--The amount of any program income returned to the Lab pursuant to subparagraph (A) may be credited to the account from which the obligation and expenditure of funds under the grant, contract, or cooperative agreement described in subparagraph (A) was made. (ii) Availability.-- (I) In general.--Except as provided in subclause (II), amounts returned and credited to an account under clause (i)-- (aa) shall be merged with other funds in the account; and (bb) shall be available for the same purposes and period of time for which other funds in the account are available for programs and activities of the Lab. (II) Exception.--Amounts returned and credited to an account under clause (i) may not be used to pay for the employment of individuals described in paragraph (1)(C). (3) Limitations.-- (A) In general.--Concurrent with the submission of the Congressional Budget Justification for Foreign Operations for each fiscal year, the Administrator shall submit to the appropriate congressional committees a detailed accounting of USAID's use of authorities under this section, including the sources, amounts, and uses of funding under each of paragraphs (1) and (2). (B) Innovation incentive awards.--In providing innovation incentive awards under paragraph (1)(B), the Administrator shall notify the appropriate congressional committees not later than 15 days after providing any such award. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committees on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Innovation incentive award.--The term ``innovation incentive award'' means the provision of funding on a competitive basis that-- (A) encourages and rewards the development of solutions for a particular, well-defined problem relating to the alleviation of poverty; or (B) helps identify and promote a broad range of ideas and practices, facilitating further development of an idea or practice by third parties. (4) Lab.--The term ``Lab'' means the United States Global Development Lab established under section 3. (5) USAID.--The term ``USAID'' means the United States Agency for International Development.

Global Development Lab Act of 2016 This bill establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab, whose duties shall include: increasing the application of science, technology, innovation and partnerships to develop new solutions to end extreme poverty; discovering and testing development innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design.

Global Development Lab Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bob Dole Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Bob Dole was born on July 22, 1923, in Russell, Kansas. (2) Growing up during the Great Depression, Bob Dole learned the values of hard work and discipline, and worked at a local drug store. (3) In 1941, Bob Dole enrolled at the University of Kansas as a pre-medical student. During his time at KU he played for the basketball, football, and track teams, and joined the Kappa Sigma Fraternity, from which he would receive the ``Man of the Year'' award in 1970. (4) Bob Dole's collegiate studies were interrupted by WWII, and he enlisted in the United States Army. During a military offensive in Italy, he was seriously wounded while trying to save a fellow soldier. Despite his grave injuries, Dole recovered and was awarded two Purple Hearts and a Bronze Star with an Oak Cluster for his service. He also received an American Campaign Medal, a European- African-Middle Eastern Campaign Medal, and a World War II Victory Medal. (5) While working on his law degree from Washburn University, Bob Dole was elected into the Kansas House of Representatives, serving from 1951-1953. (6) Bob Dole was elected into the U.S. House of Representatives and served two Kansas districts from 1961-1969. (7) In 1969, Bob Dole was elected into the U.S. Senate and served until 1996. Over the course of this period, he served as Chairman of the Republican National Committee, Chairman of the Finance Committee, Senate Minority Leader, and Senate Majority Leader. (8) Bob Dole was known for his ability to work across the aisle and embrace practical bipartisanship on issues such as Social Security. (9) Bob Dole has been a life-long advocate for the disabled and was a key figure in the passing of the Americans with Disabilities Act in 1990. (10) After his appointment as Majority Leader, Bob Dole set the record as the nation's longest-serving Republican Leader in the Senate. (11) Several Presidents of the United States have specially honored Bob Dole for his hard work and leadership in the public sector. This recognition is exemplified by the following: (A) President Reagan awarded Bob Dole the Presidential Citizens Medal in 1989 stating, ``Whether on the battlefield or Capitol Hill, Senator Dole has served America heroically. Senate Majority Leader during one of the most productive Congresses of recent time, he has also been a friend to veterans, farmers, and Americans from every walk of life. Bob Dole has stood for integrity, straight talk and achievement throughout his years of distinguished public service.''. (B) Upon awarding Bob Dole with the Presidential Medal of Freedom in 1997, President Clinton made the following comments, ``Son of the soil, citizen, soldier and legislator, Bob Dole understands the American people, their struggles, their triumphs and their dreams . . . In times of conflict and crisis, he has worked to keep America united and strong . . . our country is better for his courage, his determination, and his willingness to go the long course to lead America.''. (12) After his career in public office, Bob Dole became an active advocate for the public good. He served as National Chairman of the World War II Memorial Campaign, helping raise over $197 million to construct the National WWII Memorial, and as Co-Chair of the Families of Freedom Scholarship Fund, raising over $120 million for the educational needs of the families of victims of 9/11. (13) From 1997-2001, Bob Dole served as chairman of the International Commission on Missing Persons in the Former Yugoslavia. (14) In 2003, Bob Dole established The Robert J. Dole Institute of Politics at the University of Kansas to encourage bipartisanship in politics. (15) Bob Dole is a strong proponent of international justice and, in 2004, received the Golden Medal of Freedom from the President of Kosovo for his support of democracy and freedom in Kosovo. (16) In 2007, President George W. Bush appointed Bob Dole to co-chair the President's Commission on Care for America's Returning Wounded Warriors, which inspected the system of medical care received by U.S. soldiers returning from Iraq and Afghanistan. (17) Bob Dole was the co-creator of the McGovern-Dole International Food for Education and Child Nutrition Program, helping combat child hunger and poverty. In 2008, he was co-awarded the World Food Prize for his work with this organization. (18) Bob Dole is co-founder of the Bipartisan Policy Center which works to develop policies suitable for bipartisan support. (19) Bob Dole is a strong advocate for veterans, having volunteered on a weekly basis for more than a decade on behalf of the Honor Flight Network. (20) Bob Dole serves as Finance Chairman of the Campaign for the National Eisenhower Memorial, leading the private fundraising effort to memorialize President Dwight D. Eisenhower in Washington, DC. (21) Bob Dole was acknowledged by many organizations for his achievements both inside and outside of politics, including being awarded the ``U.S. Senator John Heinz Award for Outstanding Public Service By An Elected Official'', the Gold Good Citizenship Award, the American Patriot Award, the Survivor's Gratitude Award, the U.S. Association of Former Member of Congress Distinguished Service Award, a Distinguished Service Medal, the French Legion of Honor medal, the Horatio Alger Award, the U.S. Defense Department's Distinguished Public Service Award, the National Collegiate Athletic Association's Teddy Roosevelt Award, the Albert Schweitzer Medal ``for outstanding contributions to animal welfare'', the 2004 Sylvanus Thayer Award, and honorary degrees from the University of Kansas, Fort Hays State University, and the University of New Hampshire School of Law. (22) Throughout his life-long service to our country, Bob Dole has embodied the American spirit of leadership and determination, and serves as one of the most prolific role models both in and outside of politics. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a gold medal of appropriate design to Bob Dole, in recognition for his service to the nation as a soldier, legislator, and statesman. (b) Design and Striking.--For the purpose of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. The expanded summary of the Senate passed version is repeated here.) Bob Dole Congressional Gold Medal Act (Sec. 3) This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Bob Dole in recognition for his service to the nation as a soldier, legislator, and statesman.

Bob Dole Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Energy Price Protection Act of 2007''. SEC. 2. GASOLINE PRICE GOUGING PROHIBITED. (a) Unlawful Conduct.-- (1) Unfair and deceptive act or practice.--It shall be an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging as defined by rule pursuant to subsection (b). (2) Definition.--For purposes of this subsection, the term ``biofuel'' means any fuel containing any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials. (b) Price Gouging.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall promulgate, in accordance with section 553 of title 5, United States Code, any rules necessary for the enforcement of this section. (2) Contents.--Such rules-- (A) shall define ``price gouging'', ``retail sale'', and ``wholesale sale'' for purposes of this Act; and (B) shall be consistent with the requirements for declaring unfair acts or practices in section 5(n) of the Federal Trade Commission Act (15 U.S.C. 45(n)). (c) Enforcement.-- (1) In general.--Except as provided in subsection (d), a violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (2) Exclusive enforcement.--Notwithstanding any other provision of law, no person, State, or political subdivision of a State, other than the Federal Trade Commission or the Attorney General of the United States to the extent provided for in section 5 of the Federal Trade Commission Act or the attorney general of a State as provided by subsection (d), shall have any authority to enforce this Act or any rule prescribed pursuant to this Act. (d) Enforcement by State Attorneys General.-- (1) Civil action.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates subsection (a), the attorney general, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further violation of such section by the defendant; (B) to compel compliance with such section; or (C) to impose a civil penalty under subsection (e). (2) Intervention by the ftc.-- (A) Notice and intervention.--The State shall provide prior written notice of any action under paragraph (1) to the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this Act, no attorney general of a State may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (3) Construction with respect to powers conferred by state law.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State. (e) Civil Penalty.-- (1) In general.--Notwithstanding any civil penalty that otherwise applies to a violation of a rule referred to in subsection (c)(1), any person who violates subsection (a) shall be liable for a civil penalty under this subsection. (2) Amount.--The amount of a civil penalty under this subsection shall be an amount equal to-- (A) in the case of a wholesale sale in violation of subsection (a), the sum of-- (i) 3 times the difference between-- (I) the total amount charged in the wholesale sale; and (II) the total amount that would be charged in such a wholesale sale made at the wholesale fair market price; plus (ii) an amount not to exceed $3,000,000 per day of a continuing violation; or (B) in the case of a retail sale in violation of subsection (a), 3 times the difference between-- (i) the total amount charged in the sale; and (ii) the total amount that would be charged in such a sale at the fair market price for such a sale. (3) Deposit.--Of the amount of any civil penalty imposed under this section with respect to any sale in violation of subsection (a) to a person that resides in a State, the portion of such amount that is determined under subparagraph (A)(i) or (B) (or both) of paragraph (2) shall be deposited into-- (A) any account or fund established under the laws of the State and used for paying compensation to consumers for violations of State consumer protection laws; or (B) in the case of a State for which no such account or fund is established by State law, into the general fund of the State treasury. (f) Criminal Penalty.-- (1) In general.--In addition to any other penalty that applies, a violation of subsection (a) is punishable-- (A) in the case of a wholesale sale in violation of subsection (a), by a fine of not more than $150,000,000, imprisonment for not more than 2 years, or both; or (B) in the case of a retail sale in violation of subsection (a), by a fine of not more than $2,000,000, imprisonment for not more than 2 years, or both. (2) Enforcement.--The criminal penalty provided by paragraph (1) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice, or any attorney specially appointed by the Attorney General, in accordance with section 515 of title 28, United States Code.

Federal Energy Price Protection Act of 2007 - Makes it an unfair or deceptive act or practice in violation of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging. Instructs the Federal Trade Commission (FTC) to promulgate enforcement rules within six months after enactment of this Act. Grants enforcement authority exclusively to: (1) the FTC; (2) the Attorney General of the United States; or (3) state attorneys general. Prescribes guidelines for enforcement of civil actions by state attorneys general. Preempts state action while federal action is pending. Subjects violations of this Act to specified civil and criminal penalties.

To prohibit price gouging in the sale of gasoline, diesel fuel, crude oil, and home heating oil, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Petroleum Supply Act''. SEC. 2. PURCHASES FROM THE STRATEGIC PETROLEUM RESERVE BY ENTITIES IN THE INSULAR AREAS OF THE UNITED STATES. (a) General Provisions.--Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) is amended by adding at the end the following new subsection: ``(j)(1) With respect to each offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve: ``(A) A purchaser located in an eligible insular area of the United States, in addition to having the opportunity to submit a competitive bid, may submit (at the time bids are due) a binding offer, and shall on submission of the bid be entitled to purchase a category of a petroleum product specified in a notice of sale at a price equal to the average of the successful bids made for the remaining quantity of petroleum product within the category that is the subject of the offering. ``(B) A vessel that arrives at a delivery line of the Strategic Petroleum Reserve to take on a petroleum product for delivery to a purchaser located in an eligible insular area of the United States shall be loaded ahead of other vessels waiting for delivery if the Governor or other chief executive officer of the eligible insular area of the United States certifies that delivery must be expedited to avert a critical supply shortage in the eligible insular area of the United States. ``(2)(A) In administering this subsection, and with regard to each offering, the Secretary may impose the limitation described in subparagraph (B) or (C) that results in the purchase of the lesser quantity of petroleum product. ``(B) The Secretary may limit the quantity that any one purchaser may purchase through a binding offer at any one offering to \1/12\ of the total quantity of petroleum products that the purchaser imported during the previous year. ``(C)(i) Subject to clause (ii), the Secretary may limit the quantity that may be purchased through binding offers at any one offering to 3 percent of the offering. ``(ii) If the Secretary imposes the limitation stated in clause (i), the Secretary shall prorate the quantity among the purchasers who submitted binding offers. ``(3) In administering this subsection, and with regard to each offering, the Secretary shall, at the request of a purchaser-- ``(A) if the quantity is less than 50 percent of 1 full tanker load less than a whole-number increment of a full tanker load of a petroleum product, adjust upward, to the next whole- number increment of a full tanker load, the quantity to be sold to the purchaser; or ``(B) if the quantity is 50 percent of 1 full tanker load more than a whole-number increment of a full tanker load of a petroleum product, adjust downward, to the next whole-number increment of a full tanker load, the quantity to be sold to the purchaser. ``(4)(A) Except as provided in subparagraph (B), petroleum products purchased through binding offers pursuant to this subsection shall be delivered to the eligible insular area of the United States. ``(B) Purchasers may enter into exchange or processing agreements that require delivery to other locations. ``(5) As used in this subsection: ``(A) The term `eligible insular area of the United States' means the State of Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(B) The term `offering' means a solicitation for bids to be submitted not later than any specified day for a quantity or quantities of crude oil or petroleum product from a delivery line of the Strategic Petroleum Reserve.''. (b) Effective Dates.--The amendments made by subsection (a) shall remain in effect until such time as the Secretary promulgates and implements regulations pursuant to section 3. SEC. 3. REGULATIONS. (a) Definitions.--For the purposes of this section-- (1) the term ``insular area'' means the State of Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and (2) the term ``eligible purchaser'' means-- (A) an insular area government; or (B) a person who owns a refinery that-- (i) is located in an insular area; or (ii) has supplied refined petroleum product to an insular area within the year immediately preceding the sale, or within another period the Secretary determines to be representative of recent imports to the insular area. (b) In General.--The Secretary shall issue regulations that provide benefits for insular areas during the sale of petroleum product withdrawn from the Strategic Petroleum Reserve. (c) Content.--The regulations issued under subsection (a)-- (1) shall permit an eligible purchaser to purchase petroleum product-- (A) at a price equal to the average price of comparable quality petroleum product sold at the contemporaneous competitive sale of petroleum product withdrawn from the Strategic Petroleum Reserve; or (B) if no comparable quality petroleum product sold at the contemporaneous competitive sale, at a price estimated by the Secretary to be equivalent to the price described in subparagraph (A); (2) shall provide for priority cargo lifting of petroleum product purchased by an eligible purchaser at a competitive sale or under paragraph (1); (3) may limit the amount of petroleum product that may be purchased under paragraph (1) during a sales period-- (A) by an eligible purchaser, to no less than \1/ 12\ of the total amount of petroleum product that the purchaser brought into an insular area during the year immediately preceding the sale or during another period the Secretary determines to be representative of recent imports to the insular area; or (B) by all eligible purchasers, to no less than 3 percent of the amount of petroleum product offered for sale during the sales period prorated among the eligible purchasers; (4) may provide that, at the request of a purchaser, the quantity of petroleum product to be sold to the purchaser may be adjusted upward or downward, to the next whole-number increment of a full tanker load, if the quantity that otherwise would be sold is less than a whole-number increment; (5) may establish procedures for qualifying an entity as an eligible person before a sale of petroleum product withdrawn from the Strategic Petroleum Reserve; (6) may require an eligible purchaser to comply with financial and performance responsibility requirements applied to offerors in competitive sale; (7) except as otherwise provided by this subsection, may require an eligible purchaser who purchases petroleum product under paragraph (1) to comply with standard contract provisions applied to purchasers at competitive sales; (8) may ensure, to the extent practicable, that an eligible purchaser who receives benefits under paragraph (1) or (2) passes on the benefits to an insular area; (9) may require an eligible purchaser who receives benefits under paragraph (1) or (2) to furnish the Secretary with documents and other appropriate information to determine compliance with this subsection; and (10) may establish procedures for imposing sanctions on an eligible purchaser who receives benefits under paragraph (1) or (2) and who does not comply with the requirements of this subsection. (d) Plan Amendments.--No amendment of the Strategic Petroleum Reserve Plan or the Distribution Plan contained in the Strategic Petroleum Reserve Plan is required for any action taken under this subsection if the Secretary determines that an amendment to the plan is necessary to carry out this section. (e) Administrative Procedure.--Regulations issued to carry out this subsection shall not be subject to the requirements of section 523 of the Energy Policy and Conservation Act (42 U.S.C. 6393) or of section 501 of the Department of Energy Organization Act (42 U.S.C. 7191).

Emergency Petroleum Supply Act - Amends the Energy Policy and Conservation Act to prescribe guidelines to expedite purchases and deliveries from the Strategic Petroleum Reserve to entities in eligible insular areas of the United States (Hawaii, Puerto Rico, Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands) in the event of an oil supply disruption. Instructs the Secretary of Energy to promulgate regulations to provide certain benefits for such areas during the sale of petroleum product withdrawn from the Reserve.

Emergency Petroleum Supply Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Oil Displacement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the strategic interests of the United States would be served by a reduction in the Nation's dependence upon imported oil to produce transportation fuels and other products vital to both the domestic economy and national security; (2) this goal would be served by the development of a viable, commercially competitive synthetic fuels industry reliant upon domestic coals and other plentiful, nontraditional carbonaceous feedstocks; and (3) temporary financial incentives are required to foster private investment in the technology, design, construction, and operation of strategic facilities capable of producing synthetic fuels on a commercial scale. SEC. 3. CARBONACEOUS FUELS FACILITY CREDIT. (a) Allowance of Carbonaceous Fuels Facility Credit.--Section 46 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by inserting after paragraph (3) the following new paragraph: ``(4) the carbonaceous fuels facility credit.'' (b) Amount of Carbonaceous Fuels Facility Credit.--Section 48 of such Code (relating to the energy credit and the reforestation credit) is amended by adding after subsection (b) the following new subsection: ``(c) Carbonaceous Fuels Facility Credit.-- ``(1) In general.--For purposes of section 46, the carbonaceous fuels facility credit for any taxable year is an amount equal to 28 percent of the qualified investment in a carbonaceous fuels conversion facility for such taxable year. ``(2) Carbonaceous fuels conversion facility.-- ``(A) In general.--For purposes of paragraph (1), the term `carbonaceous fuels conversion facility' means a facility of the taxpayer-- ``(i)(I) the original use of which commences with the taxpayer or the reconstruction of which is completed by the taxpayer (but only with respect to that portion of the basis which is properly attributable to such reconstruction), or ``(II) that is acquired through purchase (as defined by section 179(d)(2)), ``(ii) that is depreciable under section 167, ``(iii) that has a useful life of not less than 4 years, and ``(iv) that is used to produce a qualified fuel. ``(B) Special rule for sale-leasebacks.--For purposes of clause (i) of subparagraph (A), in the case of a facility that-- ``(i) is originally placed in service by a person, and ``(ii) is sold and leased back by such person, or is leased to such person, within 3 months after the date such facility was originally placed in service, for a period of not less than 12 years, such facility shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback (or lease) referred to in clause (ii). The preceding sentence shall not apply to any property if the lessee and lessor of such property make an election under this sentence. Such an election, once made, may be revoked only with the consent of the Secretary. ``(C) Qualified fuel.--For purposes of clause (iv) of subparagraph (A), the term `qualified fuel'-- ``(i) has the meaning given such term by section 29(c), except that ``(ii) in respect of subparagraph (C) of paragraph (1) of section 29(c), the term `coal' shall, in addition to lignite, be deemed to include standard anthracite, peat, and any byproduct from a coal, culm, or silt preparation facility that contains fixed carbon. ``(3) Qualified investment.--For purposes of paragraph (1), the term `qualified investment' means, with respect to any taxable year, the basis of a carbonaceous fuels conversion facility placed in service by the taxpayer during such taxable year. ``(4) Qualified progress expenditures.-- ``(A) Increase in qualified investment.--In the case of a taxpayer who has made an election under subparagraph (E), the amount of the qualified investment of such taxpayer for the taxable year (determined under paragraph (3) without regard to this subsection) shall be increased by an amount equal to the aggregate of each qualified progress expenditure for the taxable year with respect to progress expenditure property. ``(B) Progress expenditure property defined.--For purposes of this paragraph, the term `progress expenditure property' means any property being constructed by or for the taxpayer and which-- ``(i) cannot reasonably be expected to be completed in less than 18 months, and ``(ii) it is reasonable to believe will qualify as a carbonaceous fuels conversion facility which is being constructed by or for the taxpayer when it is placed in service. ``(C) Qualified progress expenditures defined.--For purposes of this paragraph-- ``(i) Self-constructed property.--In the case of any self-constructed property, the term `qualified progress expenditures' means the amount which, for purposes of this subpart, is properly chargeable (during such taxable year) to capital account with respect to such property. ``(ii) Non-self-constructed property.--In the case of non-self-constructed property, the term `qualified progress expenditures' means the amount paid during the taxable year to another person for the construction of such property. ``(D) Other definitions.--For purposes of this subsection-- ``(i) Self-constructed property.--The term `self-constructed property' means property for which it is reasonable to believe that more than half of the construction expenditures will be made directly by the taxpayer. ``(ii) Non-self-constructed property.--The term `non-self-constructed property' means property which is not self-constructed property. ``(iii) Construction, etc.--The term `construction' includes reconstruction and erection, and the term `constructed' includes reconstructed and erected. ``(iv) Only construction of carbonaceous fuels conversion facility to be taken into account.--Construction shall be taken into account only if, for purposes of this subpart, expenditures therefor are properly chargeable to capital account with respect to the property. ``(E) Election.--An election under this paragraph may be made at such time and in such manner as the Secretary may by regulations prescribe. Such an election shall apply to the taxable year for which made and to all subsequent taxable years. Such an election, once made, may not be revoked except with the consent of the Secretary. ``(5) Coordination with other credits.--This subsection shall not apply to any property with respect to which the energy credit or the rehabilitation credit is allowed unless the taxpayer elects to waive the application of such credits to such property.'' (c) Recapture.--Subsection (a) of section 50 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rules relating to carbonaceous fuels conversion facility.--For purposes of applying this subsection in the case of any credit allowable by reason of section 48(c), the following shall apply: ``(A) General rule.--In lieu of the amount of the increase in tax under paragraph (1), the increase in tax shall be an amount equal to the investment tax credit allowed under section 38 for all prior taxable years with respect to a carbonaceous fuels conversion facility (as defined by section 48(c)) multiplied by a fraction whose numerator is the number of years remaining to fully depreciate under this title the carbonaceous fuels conversion facility disposed of, and whose denominator is the total number of years over which such facility would otherwise have been subject to depreciation. For purposes of the preceding sentence, the year of disposition of the carbonaceous fuels conversion facility property shall be treated as a year of remaining depreciation. ``(B) Property ceases to qualify for progress expenditures.--Rules similar to the rules of paragraph (2) shall apply in the case of qualified progress expenditures for a carbonaceous fuels conversion facility under section 48(c), except that the amount of the increase in tax under subparagraph (A) of this paragraph shall be substituted in lieu of the amount described in such paragraph (2). ``(C) This paragraph shall be applied separately with respect to the credit allowed under section 38 regarding a carbonaceous fuels conversion facility.'' (d) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end thereof the following new clause: ``(iv) the portion of the basis of any carbonaceous fuels conversion facility attributable to any qualified investment (as defined by section 48(c)(3)).'' (2) Paragraph (4) of section 50(a) of such Code is amended by striking ``and (2)'' and inserting ``, (2), and (6)''. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (e) Sale or Assignment of Unused Credit Amount.--Section 50 of such Code is amended by adding at the end the following new subsection: ``(e) Sale or Assignment of Unused Carbonaceous Fuels Facility Credit Amount.-- ``(1) General rule.--Any unused portion of a carbonaceous fuels facility credit may be sold or assigned in accordance with regulations prescribed by the Secretary. ``(2) Treatment of seller.-- ``(A) Liability.--The sale or assignment of any portion of a credit under paragraph (1) shall not relieve the seller or assignor of any penalty or interest charged under this title with respect to such portion. ``(B) Basis.--The basis of a carbonaceous fuels facility shall not be adjusted by reason of the sale or assignment of a credit under paragraph (1). ``(3) Treatment of acquirer.-- ``(A) Credit claimed.--The credit (or portion thereof) acquired under paragraph (1) may be claimed only by the person acquiring such credit in the taxable year of such person in which such sale or assignment occurred and only if such person notifies the Secretary of the derivative source of such credit. ``(B) Liability.--Such person shall not be subject to any penalty or interest in respect of such credit for which the seller or assignor remains subject under paragraph (2)(A). ``(C) Ordering rule.-- ``(i) In general.--Such credit shall be treated as a credit under this part allowable to such person and shall be used after the order of all other credits specified by section 38(d). ``(ii) Limitation on carryforwards.--No amount of a credit acquired under paragraph (1) may be treated as a business carryforward in any taxable year beginning after December 31, 2010. ``(4) Regulations.--Not later than 1 year after the date of the enactment of the Foreign Oil Displacement Act, the Secretary shall prescribe regulations to carry out this subsection.'' (f) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 4. EXEMPTION FROM MANUFACTURERS EXCISE TAX ON FUELS. (a) Gasoline.--Subsection (a) of section 4083 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Qualified carbonaceous fuel.-- ``(A) Exemption.--For taxable years beginning after 90 days after the date of the enactment of this paragraph and ending before December 31, 2010, the terms `taxable fuel', `gasoline', and `diesel fuel' do not include qualified carbonaceous fuel or that portion of a blend that is qualified carbonaceous fuel. ``(B) Qualified carbonaceous fuel defined.--For purposes of subparagraph (A), the term `qualified carbonaceous fuel' means qualified fuel produced by a carbonaceous fuels conversion facility. ``(C) Other definitions.--For purposes of subparagraph (B), the terms `qualified fuel' and `carbonaceous fuels conversion facility' have the meaning given such terms by section 48(c)(2).'' (b) Aviation Fuel.--Subsection (a) of section 4093 of such Code is amended by adding at the end the following new sentence: ``Such term does not include qualified carbonaceous fuel (as defined by section 4083(a)(4)).'' (c) Retail Uses.--Section 4041 of such Code is amended by adding at the end the following new subsection: ``(n) Certain Carbonaceous Fuel.-- ``(1) Exemption.--For taxable years beginning after 90 days after the date of the enactment of this subsection and ending before December 31, 2010, no tax shall be imposed under this section on qualified carbonaceous fuel or that portion of a blend that is qualified carbonaceous fuel. ``(2) Qualified carbonaceous fuel defined.--For purposes of paragraph (1), the term `qualified carbonaceous fuel' has the meaning given such term by section 4083(a)(4).'' (d) Effective Date.--The amendments made by this section shall apply to fuels produced after the date of the enactment of this Act.

Foreign Oil Displacement Act - Amends the Internal Revenue Code to allow an investment credit for carbonaceous fuels conversion facilities, defined as facilities for producing: (1) oil from shale and tar sands; (2) gas from geopressured brine, Devonian shale, coal seams, or a tight formation, or from biomass; and (3) liquid, gaseous, or solid synthetic fuels from coal (including lignite, standard anthracite, peat, and any byproduct from a coal, culm, or silt preparation facility containing fixed carbon and including such fuels when used as feedstocks). Provides for recapture. Allows any unused portion of a carbonaceous fuels facility credit to be sold or assigned. Provides for the treatment of the seller and acquirer. Excludes from the definitions of "taxable fuel," "gasoline," "diesel fuel," and "aviation fuel," and excludes from taxation under specified provisions, fuel produced by such a facility or that portion of a blend that is such a fuel.

Foreign Oil Displacement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Opportunity Act of 2005''or the ``Dylan Lee James Act''. SEC. 2. REFERENCES; TABLE OF CONTENTS. (a) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this title an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. References; table of contents. Sec. 3. Opportunity for families of disabled children to purchase medicaid coverage for such children. Sec. 4. Demonstration projects regarding home and community-based alternative to psychiatric residential treatment facilities for children. Sec. 5. Development and support of family-to-family health information centers. Sec. 6. Restoration of medicaid eligibility for certain SSI beneficiaries. SEC. 3. OPPORTUNITY FOR FAMILIES OF DISABLED CHILDREN TO PURCHASE MEDICAID COVERAGE FOR SUCH CHILDREN. (a) State Option To Allow Families of Disabled Children To Purchase Medicaid Coverage for Such Children.-- (1) In general.--Section 1902 (42 U.S.C. 1396a) is amended-- (A) in subsection (a)(10)(A)(ii)-- (i) by striking ``or'' at the end of subclause (XVII); (ii) by adding ``or'' at the end of subclause (XVIII); and (iii) by adding at the end the following new subclause: ``(XIX) who are disabled children described in subsection (cc)(1);''; and (B) by adding at the end the following new subsection: ``(cc)(1) Individuals described in this paragraph are individuals-- ``(A) who are children who have not attained 19 years of age and are born-- ``(i) on or after October 1, 1999 (or, at the option of a State, on or after an earlier date), in the case of fiscal year 2006; ``(ii) on or after October 1, 1994 (or, at the option of a State, on or after an earlier date), in the case of fiscal year 2007; and ``(iii) after October 1, 1988, in the case of fiscal year 2008 and any fiscal year thereafter; ``(B) who would be considered disabled under section 1614(a)(3)(C) but for having earnings or deemed income or resources (as determined under title XVI for children) that exceed the requirements for receipt of supplemental security income benefits; and ``(C) whose family income does not exceed such income level as the State establishes and does not exceed-- ``(i) 300 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved; or ``(ii) such higher percent of such poverty line as a State may establish, except that-- ``(I) any medical assistance provided to an individual whose family income exceeds 300 percent of such poverty line may only be provided with State funds; and ``(II) no Federal financial participation shall be provided under section 1903(a) for any medical assistance provided to such an individual.''. (2) Interaction with employer-sponsored family coverage.-- Section 1902(cc) (42 U.S.C. 1396a(cc)), as added by paragraph (1)(B), is amended by adding at the end the following new paragraph: ``(2)(A) If an employer of a parent of an individual described in paragraph (1) offers family coverage under a group health plan (as defined in section 2791(a) of the Public Health Service Act), the State shall-- ``(i) require such parent to apply for, enroll in, and pay premiums for such coverage as a condition of such parent's child being or remaining eligible for medical assistance under subsection (a)(10)(A)(ii)(XIX) if the parent is determined eligible for such coverage and the employer contributes at least 50 percent of the total cost of annual premiums for such coverage; and ``(ii) if such coverage is obtained-- ``(I) subject to paragraph (2) of section 1916(h), reduce the premium imposed by the State under that section in an amount that reasonably reflects the premium contribution made by the parent for private coverage on behalf of a child with a disability; and ``(II) treat such coverage as a third party liability under subsection (a)(25). ``(B) In the case of a parent to which subparagraph (A) applies, a State, subject to paragraph (1)(A)(iii)(II), may provide for payment of any portion of the annual premium for such family coverage that the parent is required to pay. Any payments made by the State under this subparagraph shall be considered, for purposes of section 1903(a), to be payments for medical assistance.''. (b) State Option To Impose Income-Related Premiums.--Section 1916 (42 U.S.C. 1396o) is amended-- (1) in subsection (a), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (2) by adding at the end the following new subsection: ``(h)(1) With respect to disabled children provided medical assistance under section 1902(a)(10)(A)(ii)(XIX), subject to paragraph (2), a State may (in a uniform manner for such children) require the families of such children to pay monthly premiums set on a sliding scale based on family income. ``(2) A premium requirement imposed under paragraph (1) may only apply to the extent that-- ``(A) in the case of a disabled child described in that paragraph whose family income-- ``(i) does not exceed 200 percent of the poverty line, the aggregate amount of such premium and any premium that the parent is required to pay for family coverage under section 1902(cc)(2)(A)(i) and other cost sharing charges do not exceed 5 percent of the family's income; and ``(ii) exceeds 200, but does not exceed 300, percent of the poverty line, the aggregate amount of such premium and any premium that the parent is required to pay for family coverage under section 1902(cc)(2)(A)(i) and other cost sharing charges do not exceed 7.5 percent of the family's income; and ``(B) the requirement is imposed consistent with section 1902(cc)(2)(A)(ii)(I). ``(3) A State shall not require prepayment of a premium imposed pursuant to paragraph (1) and shall not terminate eligibility of a child under section 1902(a)(10)(A)(ii)(XIX) for medical assistance under this title on the basis of failure to pay any such premium until such failure continues for a period of at least 60 days from the date on which the premium became past due. The State may waive payment of any such premium in any case where the State determines that requiring such payment would create an undue hardship.''. (c) Conforming Amendments.--(1) Section 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in the matter preceding subparagraph (A), by inserting ``1902(a)(10)(A)(ii)(XIX),'' after ``1902(a)(10)(A)(ii)(XVIII),''. (2) Section 1905(u)(2)(B) (42 U.S.C. 1396d(u)(2)(B)) is amended by adding at the end the following sentence: ``Such term excludes any child eligible for medical assistance only by reason of section 1902(a)(10)(A)(ii)(XIX).''. (d) Effective Date.--The amendments made by this section shall apply to medical assistance for items and services furnished on or after October 1, 2005. SEC. 4. DEMONSTRATION PROJECTS REGARDING HOME AND COMMUNITY-BASED ALTERNATIVE TO PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') is authorized to conduct, during each of fiscal years 2006 through 2010, demonstration projects (each in the section referred to as a ``demonstration project'') in accordance with this section under which up to 10 States (as defined for purposes of title XIX of the Social Security Act) are awarded grants, on a competitive basis, to test the effectiveness in improving or maintaining a child's functional level and cost- effectiveness of providing coverage of home and community-based alternatives to psychiatric residential treatment for children enrolled in the medicaid program under title XIX of such Act. (b) Application of Terms and Conditions.-- (1) In general.--Subject to the provisions of this section, for the purposes of the demonstration projects, and only with respect to children enrolled under such demonstration projects, a psychiatric residential treatment facility (as defined in section 483.352 of title 42 of the Code of Federal Regulations) shall be deemed to be a facility specified in section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)), and to be included in each reference in such section 1915(c) to hospitals, nursing facilities, and intermediate care facilities for the mentally retarded. (2) State option to assure continuity of medicaid coverage.--Upon the termination of a demonstration project under this section, the State that conducted the project may elect, only with respect to a child who is enrolled in such project on the termination date, to continue to provide medical assistance for coverage of home and community-based alternatives to psychiatric residential treatment for the child in accordance with section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)), as modified through the application of paragraph (1). Expenditures incurred for providing such medical assistance shall be treated as a home and community-based waiver program under section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) for purposes of payment under section 1903 of such Act (42 U.S.C. 1396b). (c) Terms of Demonstration Projects.-- (1) In general.--Except as otherwise provided in this section, a demonstration project shall be subject to the same terms and conditions as apply to a waiver under section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)), including the waiver of certain requirements under the first sentence of paragraph (3) of such section but not applying the second sentence of such paragraph. (2) Budget neutrality.--In conducting the demonstration projects under this section, the Secretary shall ensure that the aggregate payments made by the Secretary under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) do not exceed the amount by which the Secretary estimates would have been paid under that title if the demonstration projects under this section had not been implemented. (3) Evaluation.--The application for a demonstration project shall include an undertaking to provide for such interim and final evaluations of the demonstration project by independent third parties, and for such interim and final reports to the Secretary, as the Secretary may require. (d) Payments to States; Limitations to Scope and Funding.-- (1) In general.--Subject to paragraph (2), a demonstration project approved by the Secretary under this section shall be treated as a home and community-based waiver program under section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) for purposes of payment under section 1903 of such Act (42 U.S.C. 1396b). (2) Limitation.--In no case may the amount of payments made by the Secretary under this section for State demonstration projects for a fiscal year exceed the amount available under subsection (f)(2)(A) for such fiscal year. (e) Secretary's Evaluation and Report.--The Secretary shall conduct an interim and final evaluation of State demonstration projects under this section and shall report to the President and Congress the conclusions of such evaluations within 12 months of completing such evaluations. (f) Funding.-- (1) In general.--For the purpose of carrying out this section, there are appropriated, from amounts in the Treasury not otherwise appropriated, for fiscal years 2006 through 2010 a total of $218,000,000, of which-- (A) the amount specified in paragraph (2) shall be available for each of fiscal years 2006 through 2010; and (B) a total of $1,000,000 shall be available to the Secretary for the evaluations and report under subsection (f). (2) Fiscal year limit.-- (A) In general.--For purposes of paragraph (1), the amount specified in this paragraph for a fiscal year is the amount specified in subparagraph (B) for the fiscal year plus the difference, if any, between the total amount available under this paragraph for prior fiscal years and the total amount previously expended under paragraph (1)(A) for such prior fiscal years. (B) Fiscal year amounts.--The amount specified in this subparagraph for-- (i) fiscal year 2006 is $21,000,000; (ii) fiscal year 2007 is $37,000,000; (iii) fiscal year 2008 is $49,000,000; (iv) fiscal year 2009 is $53,000,000; and (v) fiscal year 2010 is $57,000,000. SEC. 5. DEVELOPMENT AND SUPPORT OF FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS. Section 501 (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c)(1)(A) For the purpose of enabling the Secretary (through grants, contracts, or otherwise) to provide for special projects of regional and national significance for the development and support of family-to-family health information centers described in paragraph (2)-- ``(i) there is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated-- ``(I) $3,000,000 for fiscal year 2006; ``(II) $4,000,000 for fiscal year 2007; and ``(III) $5,000,000 for fiscal year 2008; and ``(ii) there is authorized to be appropriated to the Secretary, $5,000,000 for each of fiscal years 2009 and 2010. ``(B) Funds appropriated or authorized to be appropriated under subparagraph (A) shall-- ``(i) be in addition to amounts appropriated under subsection (a) and retained under section 502(a)(1) for the purpose of carrying out activities described in subsection (a)(2); and ``(ii) remain available until expended. ``(2) The family-to-family health information centers described in this paragraph are centers that-- ``(A) assist families of children with disabilities or special health care needs to make informed choices about health care in order to promote good treatment decisions, cost- effectiveness, and improved health outcomes for such children; ``(B) provide information regarding the health care needs of, and resources available for, such children; ``(C) identify successful health delivery models for such children; ``(D) develop with representatives of health care providers, managed care organizations, health care purchasers, and appropriate State agencies a model for collaboration between families of such children and health professionals; ``(E) provide training and guidance regarding caring for such children; ``(F) conduct outreach activities to the families of such children, health professionals, schools, and other appropriate entities and individuals; and ``(G) are staffed-- ``(i) by such families who have expertise in Federal and State public and private health care systems; and ``(ii) by health professionals. ``(3) The Secretary shall develop family-to-family health information centers described in paragraph (2) in accordance with the following: ``(A) With respect to fiscal year 2006, such centers shall be developed in not less than 25 States. ``(B) With respect to fiscal year 2007, such centers shall be developed in not less than 40 States. ``(C) With respect to fiscal year 2008, such centers shall be developed in all States. ``(4) The provisions of this title that are applicable to the funds made available to the Secretary under section 502(a)(1) apply in the same manner to funds made available to the Secretary under paragraph (1)(A). ``(5) For purposes of this subsection, the term `State' means each of the 50 States and the District of Columbia.''. SEC. 6. RESTORATION OF MEDICAID ELIGIBILITY FOR CERTAIN SSI BENEFICIARIES. (a) In General.--Section 1902(a)(10)(A)(i)(II) (42 U.S.C. 1396a(a)(10)(A)(i)(II)) is amended-- (1) by inserting ``(aa)'' after ``(II)''; (2) by striking ``) and'' and inserting ``and''; (3) by striking ``section or who are'' and inserting ``section), (bb) who are''; and (4) by inserting before the comma at the end the following: ``, or (cc) who are under 21 years of age and with respect to whom supplemental security income benefits would be paid under title XVI if subparagraphs (A) and (B) of section 1611(c)(7) were applied without regard to the phrase `the first day of the month following'''. (b) Effective Date.--The amendments made by subsection (a) shall apply to medical assistance for items and services furnished on or after January 1, 2006.

Family Opportunity Act of 2005 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to give States the option of allowing families of disabled children to purchase Medicaid coverage for such children. Authorizes the Secretary of Health and Human Services to conduct demonstration projects under which up to ten States are awarded grants, on a competitive basis, to test the effectiveness in improving or maintaining a child's functional level and cost-effectiveness of providing coverage of home and community-based alternatives to psychiatric resident treatment for children enrolled in the Medicaid program. Amends SSA title V (Maternal and Child Health Services) to make appropriations to the Secretary for special projects of regional and national significance for development and support of family-to-family health information centers. Amends SSA title XIX to provide for the restoration of Medicaid eligibility to certain SSI (Supplemental Security Income) (SSA title XVI) beneficiaries under age 21.

A bill to amend title XIX of the Social Security Act to provide families of disabled children with the opportunity to purchase coverage under the medicaid program for such children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First State National Historical Park Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the State of Delaware contains a collection of nationally significant resources relating to-- (A) the early succession of the Dutch, Swedish, and English settlement of the United States; and (B) the period leading up to the role of Delaware as the first State to ratify the Constitution on December 7, 1787; (2) among the resources relating to the early settlement of the United States are-- (A) National Historic Landmarks in Wilmington, Delaware, including-- (i) the site of Fort Christina, which was-- (I) constructed in 1638 by colonists led by Peter Minuet to be the focal point of New Sweden; and (II) the first Swedish settlement in North America; and (ii) Old Swedes Church, which is the oldest church building still standing as originally built; (B) historic sites in New Castle, Delaware, including-- (i) Fort Casimir, which was constructed by the Dutch in 1651; and (ii) the New Castle Historic District, which is the location of an assemblage of resources associated with Dutch, Swedish, and English settlement of the State; and (C) the Lewes Historic District in Lewes, Delaware, which-- (i) is listed on the National Register of Historic Places; (ii) was a significant location for early Dutch settlement and early nationhood; (iii) is the oldest town formed in Delaware; and (iv) contains Ryves Holt House, which-- (I) was built in 1665; and (II) is the oldest building still standing in the State; (3) among the nationally significant resources relating to the period of English settlement and the birth of the United States are a collection of resources in New Castle, Delaware, including-- (A) the Old New Castle Courthouse, which served as the capitol of the colony until 1777; and (B) other National Historic Landmarks, including-- (i) the home of John Dickinson, who is known as the ``Penman of the Revolution''; (ii) the Jacob Broom House, which was the home of Jacob Broom, delegate to the Constitutional Convention; (iii) Lombardy Hall, which was the home of Gunning Bedford, Jr., delegate to the Constitutional Convention; and (iv) Stonum, which was the home of George Read, who was-- (I) a delegate to the Constitutional Convention; and (II) an advocate of the early ratification of the Constitution by the State of Delaware; (4) Dover Green, laid out in 1717 in accordance with the 1683 orders of William Penn, was the site at which Delaware-- (A) voted to ratify the Constitution; (B) mustered a Continental Regiment during the Revolution; and (C) celebrated the reading of the Declaration of Independence in 1776; (5) the State Archives in Dover, Delaware, contains records and documents of persons and events that contribute to public knowledge and understanding of-- (A) the period of the early settlement of Delaware; and (B) the role of Delaware as the First State; (6) the Zwaanendael Museum in Lewes, Delaware-- (A) commemorates the founding of the first European settlement in the State by the Dutch in 1631; and (B) provides exhibits and information on the maritime, social, and military history of the Lewes area; and (7) it is fitting and proper that the resources described in this subsection be recognized through the establishment of the first unit of the National Park System in the State of Delaware so that the public may better understand and appreciate the contributions of those resources to the history of the United States. (b) Purpose.--The purpose of this Act is to establish the First State National Historical Park to preserve, protect, and promote public understanding and appreciation of-- (1) the cultural and historic resources associated with early Dutch, Swedish, and English settlement in Delaware; and (2) the events, places, and persons associated with the role of Delaware as the ``First State''. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``First State National Historical Park-Proposed Boundary'', numbered [____], and dated [_____]. (2) Park.--The term ``Park'' means the First State National Historical Park established by section 4(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Delaware. SEC. 4. ESTABLISHMENT OF THE FIRST STATE NATIONAL HISTORICAL PARK. (a) Establishment.--There is established in the State a unit of the National Park System to be known as the ``First State National Historical Park''. (b) Purpose.--The purpose of the Park is to preserve, protect, and interpret-- (1) the historic and cultural resources associated with Dutch, Swedish, and English settlement in the State; and (2) the resources associated with the role of the State as the first State to ratify the Constitution. (c) Boundaries.-- (1) In general.--The Park shall be comprised of the following, as generally depicted on the map: (A) The New Castle Historic District. (B) Fort Christina. (C) The Old Swedes Church. (D) The John Dickinson Plantation. (E) Lombardy Hall. (F) Stonum. (G) The Lewes Historic District. (H) The Dover Green. (2) Availability of map.--The map shall be available for public inspection in the appropriate offices of the National Park Service. (3) Headquarters.--The headquarters for the Park shall be in the City of New Castle, Delaware. (d) Acquisition of Land.--The Secretary may acquire land or interests in land within the boundaries of the Park by-- (1) donation; (2) purchase from willing sellers with donated or appropriated funds; or (3) exchange. (e) Administration.--The Secretary shall administer the Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (f) Grants and Cooperative Agreements.--Subject to the availability of funds under section 6(a), the Secretary may provide grants and technical assistance to, and to enter into cooperative agreements with-- (1) the State, political subdivisions of the State (including the cities of Wilmington, New Castle, Dover, and Lewes, Delaware), nonprofit organizations, and private property owners for-- (A) the development, management, and operation of visitor service facilities, subject to the non-Federal entity agreeing to provide the National Park Service, at no extra cost, with sufficient office space and exhibition areas to carry out the purposes of the Park within the facilities; (B) historic preservation of, research on, and interpretation of properties within the boundary of the Park, including research on the archaeology of the Park; (C) public access; (D) educational programs; and (E) signage and interpretive devices on properties and sites within the Park for interpretive purposes; and (2) the State Archives located in Dover, Delaware, and the Zwaanandael Museum located in Lewes, Delaware, for research and exhibits relating to the purposes of the Park. (g) Interpretation.--The Secretary may provide interpretive tours to historic sites within the State located outside the boundaries of the Park that include resources relating to-- (1) early Dutch, Swedish, and English settlement; and (2) the period leading up to the role of the State as the first State to ratify the Constitution. (h) General Management Plan.--Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary, in coordination with the State and in consultation with owners of properties within the boundaries of the Park, shall prepare a general management plan for the Park in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-7(b)). SEC. 5. STUDY OF ADDITIONAL PROPERTIES. (a) In General.--Not later than 3 years after the date on which funds are made available under section 6(a), the Secretary shall complete a study regarding the preservation and interpretation of additional properties in the State that relate to the purposes described in section 4(b). (b) Inclusions.--The study shall include an assessment of-- (1) the potential for designating the properties as National Historic Landmarks; and (2) options for maintaining the historic integrity of the properties. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as are necessary to carry out this Act, including-- (1) $3,000,000 for grants to the State, political subdivisions of the State, and nonprofit organizations for the rehabilitation of existing structures to serve as administrative and visitor services facilities for the Park; and (2) $2,500,000 for grants to the State, political subdivisions of the State, private property owners, and nonprofit organizations for-- (A) the historic preservation and restoration of resources within the boundary of the Park; and (B) the costs of design, construction, installation, and maintenance of any exhibits relating to the Park. (b) Non-Federal Share.-- (1) In general.--The Federal share of the cost of activities under paragraphs (1) and (2) of subsection (a) shall be not more than 50 percent. (2) Form.--The non-Federal share required under paragraph (1) may be in the form of in-kind contributions of goods or services fairly valued.

First State National Historical Park Act - Establishes the First State National Historical Park in Delaware as a unit of the National Park System. Specifies that the purpose of the Park is the preservation, protection, and interpretation of the historic and cultural resources associated with Dutch, Swedish, and English settlement in Delaware and the resources associated with the role of the state of Delaware as the first state to ratify the Constitution. Requires the preparation of a general management plan for the Park. Requires completion of a study regarding the preservation and interpretation of additional properties in Delaware that relate to the Park's purposes, including an assessment of: (1) the potential for designating them as National Historic Landmarks; and (2) options for maintaining their historic integrity.

To establish the First State National Historical Park in the State of Delaware, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Quality Assurance Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) the private security industry provides numerous opportunities for entry-level job applicants, including individuals suffering from unemployment due to economic conditions or dislocations; (3) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are only supplemented by private security officers who provide prevention and reporting services in support of, but not in place of, regular sworn police; (4) given the growth of large private shopping malls, and the consequent reduction in the number of public shopping streets, the American public is more likely to have contact with private security personnel in the course of a day than with sworn law enforcement officers; (5) regardless of the differences in their duties, skill, and responsibilities, the public has difficulty in discerning the difference between sworn law enforcement officers and private security personnel; and (6) the American public demands the employment of qualified, well-trained private security personnel as an adjunct, but not a replacement for sworn law enforcement officers. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``employee'' includes an applicant for employment; (2) the term ``employer'' means any person that-- (A) employs one or more private security officers; or (B) provides, as an independent contractor, for consideration, the services of one or more private security officers (possibly including oneself); (3) the term ``private security officer'' (A) means-- (i) an individual who performs security services, full or part time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes whose primary duty is to perform security services, or (ii) an individual who is an employee of an electronic security system company engaged in one or more of the following activities in the State: burglar alarm technician, fire alarm technician, closed circuit television technician, access control technician, or security system monitor; but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State, (ii) attorneys, accountants, and other professionals who are otherwise licensed in the State, (iii) employees whose duties are primarily internal audit or credit functions, (iv) persons whose duties may incidentally include the reporting or apprehension of shoplifters or trespassers, or (v) an individual on active duty in the military service; (4) the term ``security services'' means the performance of one or more of the following: (A) the observation or reporting of intrusion, larceny, vandalism, fire or trespass; (B) the deterrence of theft or misappropriation of any goods, money, or other item of value; (C) the observation or reporting of any unlawful activity; (D) the protection of individuals or property, including proprietary information, from harm or misappropriation; (E) the control of access to premises being protected; (F) the secure movement of prisoners; (G) the maintenance of order and safety at athletic, entertainment, or other public activities; (H) the provision of canine services for protecting premises or for the detection of any unlawful device or substance; and (I) the transportation of money or other valuables by armored vehicle; and (5) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 4. BACKGROUND CHECKS. (a) In General.-- (1) Submission.--An association of employers of private security officers, designated for the purpose of this section by the Attorney General, may submit fingerprints or other methods of positive identification approved by the Attorney General, to the Attorney General on behalf of any applicant for a State license or certificate of registration as a private security officer or employer of private security officers. (2) Exchange.--In response to a submission under paragraph (1), the Attorney General may, to the extent provided by State law conforming to the requirements of the second paragraph under the heading ``Federal Bureau of Investigation'' and the subheading ``Salaries and Expenses'' in title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing and employment purposes, identification and criminal history records with the State governmental agencies to which the applicant has applied. (b) Regulations.--The Attorney General may prescribe such regulations as may be necessary to carry out this section, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping. (c) Report.--The Attorney General shall report to the Senate and House Committees on the Judiciary 2 years after the date of enactment of this bill on the number of inquiries made by the association of employers under this section and their disposition. SEC. 5. STATE PARTICIPATION. It is the sense of the Congress that each State should participate in the background check system established under section 4.

Private Security Officer Quality Assurance Act of 1996 - Authorizes an association of employers of private security officers to submit fingerprints or other methods of positive identification to the Attorney General on behalf of any applicant for a State license or certificate or registration as a private security officer or employer of such officers. Authorizes the Attorney General to: (1) exchange identification and criminal history records with State governmental agencies for licensing and employment purposes; and (2) prescribe regulations as may be necessary to carry out this Act, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping. Sets forth reporting requirements. Expresses the sense of the Congress that each State should participate in the background check system established by this Act.

Private Security Officer Quality Assurance Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2005''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--The Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2007; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security finds that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) 2 or more crimes involving moral turpitude. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been ordered excluded, deported, removed, or to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1) if otherwise qualified under that paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by Secretary.--If the Secretary of Homeland Security grants the application, the Secretary shall cancel the order. If the Secretary of Homeland Security makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 2005, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act, the Secretary of Homeland Security shall not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment. (B) Pending applications.--If an application under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--If an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in this section. (2) Savings provision.--Nothing in this Act shall be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.

Liberian Refugee Immigration Fairness Act of 2005 - Requires the Secretary of Homeland Security to adjust the status of Liberian nationals who have been continuously present in the United States from January 1, 2005, through the date of application for adjustment (or the spouse, child, or unmarried son or daughter of such aliens) if: (1) application is made before April 1, 2007; and (2) the alien is otherwise eligible for an immigrant visa and admissible as a permanent resident, except that certain specified grounds of inadmissibility do not apply. Authorizes otherwise qualified aliens who have been ordered excluded, deported, removed, or to depart voluntarily to apply for adjustment under this Act without filing a separate motion to reopen, reconsider, or vacate such order. Prohibits the removal of such aliens pending a final determination on the application for adjustment. Authorizes the Secretary to grant work authorization to aliens who have applied for adjustment of status under this Act. Provides for administrative review of such adjustment decisions but precludes judicial review. States that the Secretary of State shall not be required to offset immigrant visa numbers as the result of adjustments of status made pursuant to this Act.

A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residence.

SECTION 1. RELEASE OF REVERSIONARY INTERESTS, BLACKWATER RIVER AND WITHLACOOCHEE STATE FORESTS, FLORIDA. (a) Release.--The Secretary of Agriculture shall release the reversionary interests of the United States that were retained by the United States when the following parcels of real property were conveyed to the State of Florida: (1) The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Santa Rosa County to the State of Florida. (2) The parcel of real property described in a deed dated April 11, 1957, conveying certain lands in Santa Rosa County to the State of Florida. (3) The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Okaloosa County to the State of Florida. (4) The parcel of real property described in a deed dated November 26, 1982, conveying certain lands in Citrus, Hernando, Pasco, and Sumter Counties to the State of Florida. The reversionary interest to be released under this section requires that the conveyed lands be used for public purposes and provides for a reversion of such lands to the United States if at any time they cease to be used for public purposes. (b) Legal Description.--The four deeds referred to in subsection (a) are recorded as follows: (1) Deed Book 122, Pages 397-437, Santa Rosa County, Florida. (2) Deed Book 133, Pages 333-337, Santa Rosa County, Florida. (3) Deed Book 121, Pages 511-528, Okaloosa County, Florida. (4) Official Record Book 610, Pages 1228-1237, Citrus County, Florida. (5) Official Record Book 517, Pages 491-500, Hernando County, Florida. (6) Official Record Book 269, Pages 126-135, Sumter County, Florida. (7) Official Record Book 1240, Pages 1065-1074, Pasco County, Florida. (c) Consideration.--As consideration for the release of the reversionary interests under subsection (a), the State of Florida shall agree to the following: (1) All proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be used by the State of Florida for the acquisition of other lands within or adjacent to the exterior boundaries of Blackwater River State Forest and Withlacoochee State Forest, or, with the approval of the Secretary of Agriculture, for the purchase of the individual mineral interest of the United States under section 2. (2) Any lands acquired by the sale, exchange, or other disposition of the real property subject to the reversionary interests shall become a part of the State forest in which the acquired lands are located and shall be subject to the condition that the acquired lands be used for public purposes. (3) The total land base of such State forests shall not be reduced below the original acreage of the real property included in the conveyances described in subsection (a), except in the case of any lands conveyed at the request of the United States, and the total land base shall be managed in perpetuity as State forest land. (4) All proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be maintained by the State of Florida in a separate fund. The record of all transactions involving such fund shall be open to inspection by the Secretary of Agriculture. (d) Additional Terms.--The Secretary of Agriculture may require such additional terms or conditions in connection with the release of the reversionary interests under this section as the Secretary considers appropriate to protect the interests of the United States. (e) Instrument of Release.--The Secretary of Agriculture shall execute and file in the appropriate office or offices a deed of release, amended deed, or other appropriate instrument effectuating the release of the reversionary interests under this section. SEC. 2. SALE OF MINERAL RIGHTS. (a) Sale Authorized.--Upon application by the State of Florida, the Secretary of the Interior may convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, or to its designee, all of the individual mineral interests of the United States in any parcel of real property for which a reversionary interest is released under section 1. (b) Consideration.--As consideration for the sale of the mineral interests of the United States under subsection (a), the State of Florida shall pay to the United States an amount equal to the fair market value of such interests, as determined by appraisal or other method satisfactory to the Secretary of the Interior.

Directs the Secretary of Agriculture to release U.S. reversionary interests in four deeds that conveyed certain lands within the Blackwater River and Withlacoochee State Forests in Florida. Requires lands conveyed under the deeds to be used for public purposes. Authorizes the Secretary of the Interior to convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida all of the U.S. mineral interests in any real property for which a reversionary interest is released.

To release the reversionary interests retained by the United States in four deeds that conveyed certain lands to the State of Florida so as to permit the State to sell, exchange, or otherwise dispose of the lands, and to provide for the conveyance of certain mineral interests of the United States in the lands to the State of Florida.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Redress Act''. TITLE I--HEIRLESS ASSETS SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) Among the $198,000,000 in German assets located in the United States and seized by the United States Government in World War II were believed to be bank accounts, trusts, securities, or other assets belonging to Jewish victims of the Holocaust. (2) Among an estimated $1,200,000,000 in assets of Swiss nationals and institutions which were frozen by the United States Government during World War II (including over $400,000,000 in bank deposits) were assets whose beneficial owners were believed to include victims of the Holocaust. (3) In the aftermath of the war, the Congress recognized that some of the victims of the Holocaust whose assets were among those seized or frozen during the war might not have any legal heirs, and legislation was enacted to authorize the transfer of up to $3,000,000 of such assets to organizations dedicated to providing relief and rehabilitation for survivors of the Holocaust. (4) Although the Congress and the Administration authorized the transfer of such amount to the relief organizations referred to in paragraph (3), the enormous administrative difficulties and cost involved in proving legal ownership of such assets, directly or beneficially, by victims of the Holocaust, and proving the existence or absence of heirs of such victims, led the Congress in 1962 to agree to a lump-sum settlement and to provide $500,000 for the Jewish Restitution Successor Organization of New York, such sum amounting to \1/6\th of the authorized maximum level of ``heirless'' assets to be transferred. (5) In June of 1997, a representative of the Secretary of State, in testimony before the Congress, urged the reconsideration of the limited $500,000 settlement. (6) While a precisely accurate accounting of ``heirless'' assets may be impossible, good conscience warrants the recognition that the victims of the Holocaust have a compelling moral claim to the unrestituted portion of assets referred to in paragraph (3). (7) Furthermore, leadership by the United States in meeting obligations to Holocaust victims would strengthen-- (A) the efforts of the United States to press for the speedy distribution of the remaining nearly 6 metric tons of gold still held by the Tripartite Commission for the Restitution of Monetary Gold (the body established by France, Great Britain, and the United States at the end of World War II to return gold looted by Nazi Germany to the central banks of countries occupied by Germany during the war); and (B) the appeals by the United States to the 15 nations claiming a portion of such gold to contribute a substantial portion of any such distribution to Holocaust survivors in recognition of the recently documented fact that the gold held by the Commission includes gold stolen from individual victims of the Holocaust. (b) Purposes.--The purposes of this Act are as follows: (1) To provide a measure of justice to survivors of the Holocaust all around the world while they are still alive. (2) To authorize the appropriation of an amount which is at least equal to the present value of the difference between the amount which was authorized to be transferred to successor organizations to compensate for assets in the United States of heirless victims of the Holocaust and the amount actually paid in 1962 to the Jewish Restitution Successor Organization of New York for that purpose. (3) To facilitate efforts by the United States to seek an agreement whereby nations with claims against gold held by the Tripartite Commission for the Restitution of Monetary Gold would contribute all, or a substantial portion, of that gold to charitable organizations to assist survivors of the Holocaust. SEC. 102. DISTRIBUTIONS BY THE TRIPARTITE GOLD COMMISSION. (a) Directions to the President.--The President shall direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold, established pursuant to Part III of the Paris Agreement on Reparation, to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation, with claims against the monetary gold pool in the jurisdiction of such Commission, contribute all, or a substantial portion, of such gold to charitable organizations to assist survivors of the Holocaust. (b) Authority To Obligate the United States.-- (1) In general.--From funds otherwise unobligated in the Treasury of the United States, the President is authorized to obligate subject to paragraph (2) an amount not to exceed $30,000,000 for distribution in accordance with subsections (a) and (b). (2) Conformance with budget act requirement.--Any budget authority contained in paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. SEC. 103. FULFILLMENT OF OBLIGATION OF THE UNITED STATES. (a) Authorization of Appropriations.--There are authorized to be appropriated to the President such sums as may be necessary for fiscal years 1998, 1999, and 2000, not to exceed a total of $25,000,000 for all such fiscal years, for distribution to organizations as may be specified in any agreement concluded pursuant to section 102. (b) Archival Research.--There are authorized to be appropriated to the President $5,000,000 for archival research and translation services to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. TITLE II--WORKS OF ART SEC. 201. FINDINGS. Congress finds as follows: (1) Established pre-World War II principles of international law, as enunciated in Articles 47 and 56 of the Regulations annexed to the 1907 Hague Convention (IV) Respecting the Laws and Customs of War on Land, prohibited pillage and the seizure of works of art. (2) In the years since World War II, international sanctions against confiscation of works of art have been amplified through such conventions as the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which forbids the illegal export of art work and calls for its earliest possible restitution to its rightful owner. (3) In defiance of the 1907 Hague Convention, the Nazis extorted and looted art from individuals and institutions in countries it occupied during World War II and used such booty to help finance their war of aggression. (4) The Nazis' policy of looting art was a critical element and incentive in their campaign of genocide against individuals of Jewish and other religious and cultural heritage and, in this context, the Holocaust, while standing as a civil war against defined individuals and civilized values, must be considered a fundamental aspect of the world war unleashed on the continent. (5) Hence, the same international legal principles applied among states should be applied to art and other assets stolen from victims of the Holocaust. (6) In the aftermath of the war, art and other assets were transferred from territory previously controlled by the Nazis to the Union of Soviet Socialist Republics, much of which has not been returned to rightful owners. SEC. 202. SENSE OF THE CONGRESS REGARDING RESTITUTION OF PRIVATE PROPERTY, SUCH AS WORKS OF ART. It is the sense of the Congress that consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Heirless Assets Title II: Works of Art Holocaust Victims Redress Act - Title I: Heirless Assets - Directs the President to direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation with claims against the monetary gold pool in the Commission's jurisdiction contribute all or a substantial portion of such gold to charitable organizations to assist survivors of the Holocaust. Authorizes the President to obligate up to $30 million for such distribution. Authorizes appropriations, including appropriations for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. Title II: Works of Art - Expresses the sense of the Congress that, consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.

Holocaust Victims Redress Act

SECTION 1. FINDINGS. The Congress makes the following findings: (1) The right of the people of the United States to freedom of speech, particularly as it relates to comment on governmental activities, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the ability of the public to obtain facts and information about the Government upon which to base their judgments regarding important issues and events. As the United States Supreme Court articulated in Craig v. Harney (1947), ``A trial is a public event. What transpires in the court room is public property.''. (2) The right of the people of the United States to a free press, with the ability to report on all aspects of the conduct of the business of government, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the ability of the news media to gather facts and information freely for dissemination to the public. (3) The right of the people of the United States to petition the Government to redress grievances, particularly as it relates to the manner in which the Government exercises its legislative, executive, and judicial powers, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the availability to the public of information about how the affairs of government are being conducted. As the Supreme Court noted in Richmond Newspapers, Inc. v. Commonwealth of Virginia (1980), ``People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing.'' (4) In the twenty-first century, the people of the United States obtain information regarding judicial matters involving the Constitution, civil rights, and other important legal subjects principally through the print and electronic media. Television, in particular, provides a degree of public access to courtroom proceedings that more closely approximates the ideal of actual physical presence than newspaper coverage or still photography. (5) Providing statutory authority for the courts of the United States to exercise their discretion in permitting televised coverage of courtroom proceedings would enhance significantly the access of the people to the Federal judiciary. (6) Inasmuch as the first amendment to the Constitution prevents Congress from abridging the ability of the people to exercise their inherent rights to freedom of speech, to freedom of the press, and to petition the Government for a redress of grievances, it is good public policy for the Congress affirmatively to facilitate the ability of the people to exercise those rights. (7) The granting of such authority would assist in the implementation of the constitutional guarantee of public trials in criminal cases, as provided by the sixth amendment to the Constitution. As the Supreme Court stated in In re Oliver (1948), ``Whatever other benefits the guarantee to an accused that his trial be conducted in public may confer upon our society, the guarantee has always been recognized as a safeguard against any attempt to employ our courts as instruments of persecution. The knowledge that every criminal trial is subject to contemporaneous review in the forum of public opinion is an effective restraint on possible abuse of judicial power.''. SEC. 2. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF COURT PROCEEDINGS. (a) Authority of Appellate Courts.--Notwithstanding any other provision of law, the presiding judge of an appellate court of the United States may, in his or her discretion, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (b) Authority of District Courts.-- (1) In general.--Notwithstanding any other provision of law, any presiding judge of a district court of the United States may, in his or her discretion, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (2) Obscuring of witnesses.--(A) Upon the request of any witness in a trial proceeding other than a party, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding. (B) The presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request that his or her image and voice be obscured during the witness' testimony. (c) Advisory Guidelines.--The Judicial Conference of the United States is authorized to promulgate advisory guidelines to which a presiding judge, in his or her discretion, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described in subsections (a) and (b). SEC. 3. DEFINITIONS. In this Act: (1) Presiding judge.--The term ``presiding judge'' means the judge presiding over the court proceeding concerned. In proceedings in which more than one judge participates, the presiding judge shall be the senior active judge so participating or, in the case of a circuit court of appeals, the senior active circuit judge so participating, except that-- (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the united states.--The term ``appellate court of the United States'' means any United States circuit court of appeals and the Supreme Court of the United States. SEC. 4. SUNSET. The authority under section 2(b) shall terminate on the date that is 3 years after the date of the enactment of this Act.

Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of his or her right to make such request. Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act.

To allow media coverage of court proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Four Corners Interpretive Center Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Four Corners Monument is nationally significant as the only geographic location in the United States where 4 State boundaries meet; (2) the States with boundaries that meet at the Four Corners are Arizona, Colorado, New Mexico, and Utah; (3) between 1868 and 1875 the boundary lines that created the Four Corners were drawn, and in 1899 a monument was erected at the site; (4) a United States postal stamp will be issued in 1999 to commemorate the centennial of the original boundary marker; (5) the Four Corners area is distinct in character and possesses important historical, cultural, and prehistoric values and resources within the surrounding cultural landscape; (6) although there are no permanent facilities or utilities at the Four Corners Monument Tribal Park, each year the park attracts approximately 250,000 visitors; (7) the area of the Four Corners Monument Tribal Park falls entirely within the Navajo Nation or Ute Mountain Ute Tribe reservations; (8) the Navajo Nation and the Ute Mountain Ute Tribe have entered into a memorandum of understanding governing the planning and future development of the Four Corners Monument Tribal Park; (9) in 1992, through agreements executed by the Governors of Arizona, Colorado, New Mexico, and Utah, the Four Corners Heritage Council was established as a coalition of State, Federal, tribal, and private interests; (10) the State of Arizona has obligated $45,000 for planning efforts and $250,000 for construction of an interpretive center at the Four Corners Monument Tribal Park; (11) numerous studies and extensive consultation with American Indians have demonstrated that development at the Four Corners Monument Tribal Park would greatly benefit the people of the Navajo Nation and the Ute Mountain Ute Tribe; (12) the Arizona Department of Transportation has completed preliminary cost estimates that are based on field experience with rest-area development for the construction of a Four Corners Interpretive Center and surrounding infrastructure, including restrooms, roadways, parking areas, and water, electrical, telephone, and sewage facilities; (13) an interpretive center would provide important educational and enrichment opportunities for all Americans; and (14) Federal financial assistance and technical expertise are needed for the construction of an interpretive center. (b) Purposes.--The purposes of this Act are-- (1) to recognize the importance of the Four Corners Monument and surrounding landscape as a distinct area in the heritage of the United States that is worthy of interpretation and preservation; (2) to assist the Navajo Nation and the Ute Mountain Ute Tribe in establishing the Four Corners Interpretive Center and related facilities to meet the needs of the general public; (3) to highlight and showcase the collaborative resource stewardship of private individuals, Indian tribes, universities, Federal agencies, and the governments of States and political subdivisions thereof (including counties); and (4) to promote knowledge of the life, art, culture, politics, and history of the culturally diverse groups of the Four Corners region. SEC. 3. DEFINITIONS. As used in this Act: (1) Center.--The term ``Center'' means the Four Corners Interpretive Center established under section 4, including restrooms, parking areas, vendor facilities, sidewalks, utilities, exhibits, and other visitor facilities. (2) Eligible entity.--The term ``eligible entity'' means the States of Arizona, Colorado, New Mexico, or Utah, or any consortium of 2 or more of those States. (3) Four corners heritage council.--The term ``Four Corners Heritage Council'' means the nonprofit coalition of Federal, State, tribal, and private entities established in 1992 by agreements of the Governors of the States of Arizona, Colorado, New Mexico, and Utah. (4) Four corners monument.--The term ``Four Corners Monument'' means the physical monument where the boundaries of the States of Arizona, Colorado, New Mexico, and Utah meet. (5) Four corners monument tribal park.--The term ``Four Corners Monument Tribal Park'' means lands within the legally defined boundaries of the Four Corners Monument Tribal Park. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FOUR CORNERS INTERPRETIVE CENTER. (a) Establishment.--Subject to the availability of appropriations, the Secretary is authorized to establish within the boundaries of the Four Corners Monument Tribal Park a center for the interpretation and commemoration of the Four Corners Monument, to be known as the ``Four Corners Interpretive Center''. (b) Land Designated and Made Available.--Land for the Center shall be designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe within the boundaries of the Four Corners Monument Tribal Park in consultation with the Four Corners Heritage Council and in accordance with-- (1) the memorandum of understanding between the Navajo Nation and the Ute Mountain Ute Tribe that was entered into on October 22, 1996; and (2) applicable supplemental agreements with the Bureau of Land Management, the National Park Service, and the United States Forest Service. (c) Concurrence.--Notwithstanding any other provision of this Act, no such center shall be established without the consent of the Navajo Nation and the Ute Mountain Ute Tribe. (d) Components of Center.--The Center shall include-- (1) a location for permanent and temporary exhibits depicting the archaeological, cultural, and natural heritage of the Four Corners region; (2) a venue for public education programs; (3) a location to highlight the importance of efforts to preserve southwestern archaeological sites and museum collections; (4) a location to provide information to the general public about cultural and natural resources, parks, museums, and travel in the Four Corners region; and (5) visitor amenities including restrooms, public telephones, and other basic facilities. SEC. 5. CONSTRUCTION GRANT. (a) Grant.-- (1) In general.--The Secretary is authorized to award a grant to an eligible entity for the construction of the Center in an amount not to exceed 50 percent of the cost of construction of the Center. (2) Assurances.--To be eligible for the grant, the eligible entity that is selected to receive the grant shall provide assurances that-- (A) the non-Federal share of the costs of construction is paid from non-Federal sources (which may include contributions made by States, private sources, the Navajo Nation, and the Ute Mountain Ute Tribe for planning, design, construction, furnishing, startup, and operational expenses); and (B) the aggregate amount of non-Federal funds contributed by the States used to carry out the activities specified in subparagraph (A) will not be less than $2,000,000, of which each of the States that is party to the grant will contribute equally in cash or in kind. (3) Funds from private sources.--A State may use funds from private sources to meet the requirements of paragraph (2)(B). (4) Funds of state of arizona.--The State of Arizona may apply $45,000 authorized by the State of Arizona during fiscal year 1998 for planning and $250,000 that is held in reserve by the State for construction toward the Arizona share. (b) Grant Requirements.--In order to receive a grant under this Act, the eligible entity selected to receive the grant shall-- (1) submit to the Secretary a proposal that-- (A) meets all applicable-- (i) laws, including building codes and regulations; and (ii) requirements under the memorandum of understanding described in paragraph (2); and (B) provides such information and assurances as the Secretary may require; and (2) enter into a memorandum of understanding with the Secretary providing-- (A) a timetable for completion of construction and opening of the Center; (B) assurances that design, architectural, and construction contracts will be competitively awarded; (C) specifications meeting all applicable Federal, State, and local building codes and laws; (D) arrangements for operations and maintenance upon completion of construction; (E) a description of the Center collections and educational programming; (F) a plan for design of exhibits including, but not limited to, the selection of collections to be exhibited, and the providing of security, preservation, protection, environmental controls, and presentations in accordance with professional museum standards; (G) an agreement with the Navajo Nation and the Ute Mountain Ute Tribe relative to site selection and public access to the facilities; and (H) a financing plan developed jointly by the Navajo Nation and the Ute Mountain Ute Tribe outlining the long-term management of the Center, including-- (i) the acceptance and use of funds derived from public and private sources to minimize the use of appropriated or borrowed funds; (ii) the payment of the operating costs of the Center through the assessment of fees or other income generated by the Center; (iii) a strategy for achieving financial self- sufficiency with respect to the Center by not later than 5 years after the date of enactment of this Act; and (iv) appropriate vendor standards and business activities at the Four Corners Monument Tribal Park. SEC. 6. SELECTION OF GRANT RECIPIENT. The Four Corners Heritage Council may make recommendations to the Secretary on grant proposals regarding the design of facilities at the Four Corners Monument Tribal Park. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorizations.--There are authorized to be appropriated to the Department of the Interior to carry out this Act-- (1) $2,000,000 for fiscal year 2000; and (2) $50,000 for each of fiscal years 2001 through 2005 for maintenance and operation of the Center, program development, or staffing in a manner consistent with the requirements of section 5(b). (b) Carryover.--Funds made available under subsection (a)(1) that are unexpended at the end of the fiscal year for which those funds are appropriated, may be used by the Secretary through fiscal year 2002 for the purposes for which those funds are made available. (c) Reservation of Funds.--The Secretary may reserve funds appropriated pursuant to this Act until a grant proposal meeting the requirements of this Act is submitted, but no later than September 30, 2001. SEC. 8. DONATIONS. Notwithstanding any other provision of law, for purposes of the planning, construction, and operation of the Center, the Secretary may accept, retain, and expend donations of funds, and use property or services donated, from private persons and entities or from public entities. SEC. 9. STATUTORY CONSTRUCTION. Nothing in this Act is intended to abrogate, modify, or impair any right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that is based on any law (including any treaty, Executive order, agreement, or Act of Congress). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Secretary, under specified conditions, to award a grant to an eligible entity (Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of those States) for the construction of the Center in an amount not to exceed 50 percent of the construction cost. Authorizes appropriations.

Four Corners Interpretive Center Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Tax Credit Improvement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Supplemental Poverty Measure of the Bureau of the Census, the Child tax credit and earned income tax credit lift more children out of poverty than any other Federal policy. According to research published by the Century Foundation, the child tax credit alone now lifts nearly 1 in 8 children who would otherwise be poor out of poverty. (2) Despite the success of the child tax credit, economists have found that families with young children often receive the smallest child tax credits because they do not yet have enough income to receive the full benefit of the credit. (3) Pediatricians and other child development experts have long talked about the critical importance of the earliest years of life. (4) Economists have found similar effects of the importance of income in the earliest years with returns to school achievement. (5) Young children, including babies and toddlers, are among the poorest people in the country by age. (6) Economists have found that large fluctuations in a family's income can be detrimental to the development of young children. Research on scarcity has found it is hard for parents to focus on children if they are worrying about having sufficient income to meet their family's needs. (7) Indexing the value of the child tax credit would end the slow erosion of the child tax credit due to inflation. SEC. 3. YOUNG CHILD TAX CREDIT. (a) Special Rule for Young Children.--Section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(h) Young Child Tax Credit.-- ``(1) In general.--In the case of a young qualifying child, subsection (a) shall be applied for the taxable year (after the application of subsection (i)) by substituting `$3,600' for `$1,000'. ``(2) Young qualifying child.--For purposes of paragraph (1), the term `young qualifying child' means a qualifying child who has not attained age 6 as of the close of such taxable year. ``(3) Limitation based on adjusted gross income.--For purposes of applying subsection (b) with respect to a young qualifying child, paragraph (1) of subsection (b) shall be applied by substituting `$180' for `$50'. ``(4) Credit refundable.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the credit which would be allowed under this section without regard to this subsection, subsection (d), and the limitation under section 26(a). The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). ``(5) Reconciliation of credit and advance credit.-- ``(A) In general.--The amount of the credit allowed under subsection (a) by reason of paragraph (1) for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527A for such taxable year. ``(B) Excess advance payments.--If the aggregate amount of advance payments under section 7527A for the taxable year exceeds the amount of the credit allowed under subsection (a) by reason of paragraph (1) for such taxable year (determined without regard to subparagraph (A)), the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess.''. (b) Advance Payment of Credit.--Chapter 77 of such Code is amended by inserting after section 7527 the following new section: ``SEC. 7527A. ADVANCE PAYMENT OF YOUNG CHILD TAX CREDIT. ``(a) In General.--As soon as practicable and not later than 1 year after the date of the enactment of this section, the Secretary shall establish a program for making advance payments of the credit allowed under section 24 by reason of subsection (h) thereof on a monthly basis, or as frequently as the Secretary determines to be administratively feasible, to taxpayers allowed such credit (determined without regard to section 24(h)(5)(A)). ``(b) Limitation.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made to any taxpayer during the taxable year does not exceed the amount determined under section 24(h) with respect to such taxpayer (determined without regard to subsections (b) and (f) of such section). Such program shall make reasonable efforts to apply the limitation of section 24(b) with respect to payments made under such program.''. (c) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of such Code is amended by inserting ``24(h),'' after ``24(d),''. (2) Section 6402(m) of such Code is amended by inserting ``or (h)'' after ``subsection (d)''. (3) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following new item: ``Sec. 7527A. Advance payment of young child tax credit.''. (4) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``24(h),'' before ``25A,''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. (2) Advance payment program.--The Secretary of the Treasury, or his designee, shall establish the program described in section 7527A of the Internal Revenue Code of 1986 (as added by this section) not later than such date. SEC. 4. MODIFICATIONS OF THE CHILD TAX CREDIT. (a) Refundable Portion.--Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) 45 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year, or''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2016. SEC. 5. ADJUSTMENTS FOR INFLATION. (a) In General.--Section 24 of the Internal Revenue Code of 1986, as amended by sections 3 and 4, is amended by adding at the end the following new subsection: ``(i) Inflation Adjustments.-- ``(1) Credit amount generally.--In the case of any taxable year beginning in a calendar year after 2016, the $1,000 amount contained in subsection (a) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Young child credit amount.--In the case of any taxable year beginning in a calendar year after 2017, the $3,600 amount contained in subsection (h)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2016' for `calendar year 1992' in subparagraph (B) thereof. ``(3) Rounding.--Any increase determined under paragraph (1) or (2) shall be rounded to the nearest multiple of $50.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2016.

Child Tax Credit Improvement Act This bill amends the Internal Revenue Code, with respect to the child tax credit, to: (1) allow taxpayers an increased $3,600 tax credit for each young child under the age of six (young child tax credit), subject to specified limitations based on adjusted gross income; (2) require the Department of the Treasury to establish a program to make advance payments of the young child tax credit; (3) modify the refundable portion of the child tax credit; and (4) require annual inflation adjustments for both the child tax credit and the young child tax credit.

Child Tax Credit Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Lending Act Amendments of 1995''. SEC. 2. TREATMENT OF CERTAIN CHARGES. (a) Third Party Fees.--Section 106(a) of the Truth in Lending Act (15 U.S.C. 1605(a)) is amended by adding after the second sentence the following new sentence: ``The finance charge shall not include fees and amounts imposed by third parties not affiliated with the creditor (including settlement agents, attorneys, and escrow and title companies) if the creditor does not expressly require the imposition of the charges and does not retain the charges.''. (b) Taxes on Security Instruments or Evidences of Indebtedness.-- Section 106(d) of the Truth in Lending Act (15 U.S.C. 1605(d)) is amended by adding at the end the following new paragraph: ``(3) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness.''. (c) Preparation of Loan Documents.--Section 106(e)(2) of the Truth in Lending Act (15 U.S.C. 1605(e)(2)) is amended to read as follows: ``(2) Fees for preparation of loan-related documents and attending or conducting settlement.''. (d) Fees Relating to Pest Infestations, Inspections, and Hazards.-- Section 106(e)(5) of the Truth in Lending Act (15 U.S.C. 1605(e)(5)) is amended by inserting ``, including fees related to pest infestations, premises and structural inspections, and flood hazards'' before the period. SEC. 3. EXEMPTIONS FROM RESCISSION. (a) Certain Refinancings.--Section 125(e) of the Truth in Lending Act (15 U.S.C. 1635(e)) is amended-- (1) by striking ``or'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(5) a transaction, other than a mortgage referred to in section 103(aa), which-- ``(A) is secured by a first lien, in any amount; and ``(B) constitutes a refinancing or consolidation of an existing extension of credit.''. (b) Technical and Conforming Amendment.--Section 125(e)(2) of the Truth in Lending Act (15 U.S.C. 1635(e)(2)) is amended by inserting ``, other than a transaction described in subsection (e)(5),'' after ``a refinancing or consolidation (with no new advances)''. SEC. 4. TOLERANCES; BASIS OF DISCLOSURES. (a) Tolerances for Accuracy.--Section 106 of the Truth in Lending Act (15 U.S.C. 1605) is amended by adding at the end the following new subsection: ``(f) Tolerance for Accuracy.--In connection with credit transactions not under an open end credit plan that are secured by real property or a dwelling, the disclosure of the finance charge and other disclosures affected by any finance charge shall be treated as being accurate for purposes of this title if the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to \1/2\ of the numerical tolerance corresponding to, and generated by, the tolerance provided by section 107(c) with respect to the annual percentage rate.''. (b) Basis of Disclosure for Per Diem Interest.--Section 121(c) of the Truth in Lending Act (15 U.S.C. 1631(c)) is amended by adding at the end the following new sentence: ``In the case of any consumer credit transaction a portion of the interest on which is determined on a per diem basis and is to be collected upon the consummation of such transaction, any disclosure with respect to such portion of interest shall be deemed to be accurate for purposes of this title if the disclosure is based on information actually known to the creditor at the time that the disclosure documents are being prepared for the consummation of the transaction.''. SEC. 5. LIMITATION ON LIABILITY. (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 new section: ``SEC. 139. CERTAIN LIMITATIONS ON LIABILITY. ``(a) Limitations on Liability for Disclosures Relating to Certain Fees and Charges Other Than Finance Charges.-- ``(1) In general.--For transactions consummated before the date of the enactment of the Truth in Lending Act Amendments of 1995, a creditor or any assignee of a creditor shall have no civil, administrative, or criminal liability under this title for, and a consumer shall have no extended rescission rights under section 125(f) with respect to, the creditor's treatment, for disclosure purposes, of-- ``(A) taxes described in section 106(d)(3); ``(B) fees and amounts described in section 106(e) (2) and (5) and third party fees and amounts described in section 106(a); and ``(C) delivery charges imposed by a creditor. ``(2) Exceptions.--Subsection (a) shall not apply to-- ``(A) any individual action or counterclaim brought under this title-- ``(i) which was filed before October 1, 1994; and ``(ii) the pleadings in which (as filed before such date) allege improper disclosure of charges described in paragraph (1), (2), or (3) of subsection (a); ``(B) any class action brought under this title-- ``(i) for which a class was certified before October 1, 1994; and ``(ii) the pleadings in which (as filed before such date) allege improper disclosure of charges described in paragraph (1), (2), or (3) of subsection (a); ``(C) the named individual plaintiffs in any class action brought under this title-- ``(i) which was filed before October 1, 1994; and ``(ii) the pleadings in which (as filed before such date) allege improper disclosure of charges described in paragraph (1), (2), or (3) of subsection (a); or ``(D) any consumer credit transaction with respect to which a timely notice of rescission was sent to the creditor before October 1, 1994. ``(b) Exemption From Liability for Finance Charge Disclosures Within Tolerance Limits.-- ``(1) In general.--In the case of any consumer credit transaction subject to this title, including a transaction consummated before the date of the enactment of the Truth in Lending Act Amendments of 1995, no creditor or assignee with respect to such transaction shall have any civil, administrative, or criminal liability under this title for, and no consumer shall have extended rescission rights under section 125 by reason of, any disclosure relating to the finance charge imposed with respect to such transaction if the amount or percentage actually disclosed-- ``(A) may be treated as accurate pursuant to section 106(f), or ``(B) is greater than the amount or percentage required to be disclosed under this title. ``(2) Exceptions.--Paragraph (1) shall not apply to-- ``(A) any individual action or counterclaim brought under this title which was filed before October 1, 1994; ``(B) any class action brought under this title for which a class was certified before October 1, 1994; ``(C) the named individual plaintiffs in any class action brought under this title which was filed before October 1, 1994; or ``(D) any consumer credit transaction with respect to which a timely notice of rescission was sent to the creditor before October 1, 1994.''. (b) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 138 the following new item: ``Sec. 139. Certain limitations on liability.''. SEC. 6. APPLICABILITY. Except as otherwise provided in section 5, the amendments made by this Act shall apply to all consumer credit transactions consummated on or after the date of enactment of this Act, except that the amendments made by subsections (a) and (b) of section 3 shall apply to all extensions of credit with respect to which rescission rights have not been asserted as of January 1, 1995. SEC. 7. LIMITATION ON RESCISSION PERIOD. Section 125(f) of the Truth in Lending Act (15 U.S.C. 1635(f)) is amended by adding at the end the following sentences: ``The expiration of the right of rescission pursuant to this subsection shall be absolute and no consumer may assert rescission, affirmatively or as a defense, in any action in any State or Federal court after the earlier of the end of the 3-year period beginning on the date of the consummation of the transaction or the sale of the property securing the loan or other extension of credit, except as otherwise provided in the preceding sentence. This subsection shall supersede any State law which is inconsistent with any provision of this subsection.''. SEC. 8. CALCULATION OF ACTUAL DAMAGES. Paragraph (1) of section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended to read as follows: ``(1) Any actual damages sustained by such person as a result of the failure (to the extent the person demonstrates reliance on the inaccurate disclosure which prevented the person from accepting better credit terms actually available to the person from another creditor) and the amount of such damages shall be the difference between the finance charges actually paid and the finance charges that would have been paid over the same period under credit terms applicable with respect to credit actually available to the person from another creditor.''. SEC. 9. ASSIGNEE LIABILITY. (a) Violations Apparent on the Face of Transaction Documents.-- Section 131(a) of the Truth in Lending Act (15 U.S.C. 1641(a)) is amended to read as follows: ``(a) Liability of Assignee for Apparent Violations.-- ``(1) In general.--Except as otherwise specifically provided in this title, any civil action against a creditor for a violation of this title, and any proceeding under section 108 against a creditor, with respect to a consumer credit transaction may be maintained against any assignee of such creditor only if-- ``(A) the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement provided in connection with such transaction pursuant to this title; and ``(B) the assignment to the assignee was voluntary. ``(2) Violation apparent on the face of the disclosure described.--For the purpose of this section, a violation is apparent on the face of the disclosure statement if-- ``(A) the disclosure can be determined to be incomplete or inaccurate from the face of the disclosure statement; or ``(B) the disclosure does not use the terms or format required to be used by this title.''. (b) Servicer not Treated as Assignee.--Section 131 of the Truth in Lending Act (15 U.S.C. 1641) is amended by adding at the end the following new subsection: ``(d) Treatment of Servicer.-- ``(1) In general.--A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is the owner of the obligation. ``(2) Servicer not treated as owner on basis of assignment for administrative convenience.--A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the owner of the obligation for purposes of this section on the basis of an assignment of the obligation from the creditor or another assignee to the servicer solely for the administrative convenience of the servicer in servicing the obligation. ``(3) Servicer defined.--For purposes of this subsection, the term `servicer' has the same meaning as in section 6(i)(2) of the Real Estate Settlement Procedures Act of 1974.''.

Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act pertaining to consumer credit cost disclosure to exclude from the determination of finance charges: (1) charges imposed by third parties not affiliated with the creditor (including settlement agents, attorneys, and escrow and title companies) if the creditor does not expressly require the imposition of such charges and does not retain them; (2) taxes levied on security instruments or evidences of indebtedness if payment is a precondition for recording such an instrument; (3) fees, for preparation of loan-related documents and attending or conducting settlement in extensions of credit secured by interest in real property; and (4) fees related to pest infestation on premises, structural inspections, and flood hazards. (Sec. 3) Excludes from a consumer's statutory right of rescission certain refinancings or consolidations of debt secured by a first lien. (Sec. 4) Increases the allowable tolerances for accuracy pertaining to the annual percentage rate disclosure requirements on consumer credit transactions. Provides that the disclosure for per diem interest shall be deemed to be accurate if it is based on information actually known to the creditor at the time that the disclosure documents are being prepared for the consummation of the transaction. (Sec. 5) Sets forth liability limitations for: (1) a creditor's treatment, for disclosure purposes, of specified taxes, fees, and charges other than finance charges; and (2) a creditor's finance charge disclosures within specified tolerance limits. (Sec. 7) Provides that the statute of limitations on a consumer's right of rescission is absolute and acts as a bar to any subsequent assertion of such rescission in State or Federal court. (Sec. 8) Narrows the civil liability guidelines for consumer credit disclosures to: (1) declare a creditor liable for actual damages sustained by a person to the extent such person demonstrates reliance on the inaccurate disclosure which prevented the person from accepting better credit terms actually available from another creditor; (2) revise the general rules for liability of a creditor's voluntary assignee for a violation apparent on the face of the disclosure statement; and (3) declare that a servicer of a consumer obligation shall not be treated as an assignee unless the servicer is the owner of the obligation.

Truth in Lending Act Amendments of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Girls' Access to Education in Vulnerable Settings Act''. SEC. 2. FINDINGS. Congress finds the following: (1) As of June 2018, more than 68,000,000 people have been displaced by disasters and conflicts around the world, the highest number recorded since the end of World War II, of which more than 25,000,000 people are refugees. (2) More than half of the population of refugees are children and, according to the United Nations High Commissioner for Refugees, nearly 4,000,000 school-aged refugee children lack access to primary education. (3) Education offers socioeconomic opportunities, psychological stability, and physical protection for displaced people, particularly for women and girls, who might otherwise be vulnerable to severe forms of trafficking in persons (as such term is defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)), child marriage, sexual exploitation, or economic disenfranchisement. (4) Displaced children face considerable barriers to accessing educational services and, because the duration of such displacement is, on average, 26 years, such children may spend the entirety of their childhood without access to such services. (5) Despite the rising need for educational services, as of 2016, less than two percent of humanitarian aid was directed toward educational services. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to access educational services because such access can combat extremism and reduce exploitation and poverty; and (2) the educational needs of vulnerable women and girls should be considered in the design, implementation, and evaluation of related United States foreign assistance policies and programs. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to-- (1) partner with and encourage other countries, public and private multilateral institutions, and nongovernmental and civil society organizations, including faith-based organizations and organizations representing parents and children, to support efforts to ensure that displaced children have access to safe primary and secondary education; (2) work with donors to enhance training and capacity- building for the governments of countries hosting significant numbers of displaced people to design, implement, and monitor programs to effectively address barriers to such education; and (3) coordinate with the governments of countries hosting significant numbers of displaced people to-- (A) promote the inclusion of displaced children into the educational systems of such countries; and (B) in circumstances in which such inclusion is difficult, develop innovative approaches to providing safe primary and secondary educational opportunities, such as encouraging schools to permit children to be educated by extending the hours of schooling or expanding the number of teachers. SEC. 5. UNITED STATES ASSISTANCE TO SUPPORT EDUCATIONAL SERVICES FOR DISPLACED CHILDREN. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development are authorized to prioritize and advance ongoing efforts to support programs that-- (1) provide safe primary and secondary education for displaced children; (2) build the capacity of institutions in countries hosting displaced people to prevent discrimination against displaced children, especially displaced girls, who seek access to such education; and (3) help increase the access of displaced children, especially displaced girls, to educational, economic, and entrepreneurial opportunities, including through the governmental authorities responsible for educational or youth services in such host countries. (b) Coordination With Multilateral Organizations.--The Secretary and the Administrator are authorized to coordinate with the World Bank, appropriate agencies of the United Nations, and other relevant multilateral organizations to work with governments in other countries to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity, in order to improve the targeting, monitoring, and evaluation of related assistance efforts. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator are authorized to work with private sector and civil society organizations to promote safe primary and secondary education for displaced children. SEC. 6. REPORT. The Secretary and the Administrator shall include in the report required under section 7 of the READ Act (division A of Public Law 115- 56; 22 U.S.C. 2151c note) a description of any primary or secondary educational services supported by programs for natural or manmade disaster relief or response that specifically address the needs of displaced girls. Passed the Senate December 12, 2018. Attest: Secretary. 115th CONGRESS 2d Session S. 1580 _______________________________________________________________________ AN ACT To enhance the transparency, improve the coordination, and intensify the impact of assistance to support access to primary and secondary education for displaced children and persons, including women and girls, and for other purposes.

Protecting Girls' Access to Education in Vulnerable Settings Act This bill urges the consideration of the educational needs of vulnerable women and girls in designing, implementing, and evaluating U.S. foreign assistance policies and programs. The Department of State and the U.S. Agency for International Development (USAID) may advance programs that: provide safe, primary and secondary education for displaced children; build the capacity of institutions in countries hosting displaced people to prevent displaced children from facing educational discrimination; and help increase the access of displaced children, especially girls, to educational, economic, and entrepreneurial opportunities. The State Department and USAID may: coordinate with multilateral organizations to work with foreign governments to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity; and work with domestic and foreign private sector and civil society organizations to promote safe, primary and secondary education for displaced children.

Protecting Girls’ Access to Education in Vulnerable Settings Act

SECTION 1. MAKING IT ILLEGAL TO OPERATE A MOTOR VEHICLE WITH A DRUG OR ALCOHOL IN THE BODY OF THE DRIVER AT LAND BORDER PORTS OF ENTRY. Section 13(a) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2) Whoever with a drug or alcohol in his or her body operates a motor vehicle at a land border port of entry in a manner that is punishable, because of the presence of the drug or alcohol, if committed within the jurisdiction of the State in which that land border port of entry is located (under the laws of that State in force at the time of the act) shall be guilty of a like offense and subject to a like punishment. ``(3) Any individual who operates a motor vehicle at a land border port of entry is deemed to have given consent to submit to a chemical or other test of the blood, breath, or urine of the driver by an officer or employee of the Immigration and Naturalization Service authorized under section 287(h) of the Immigration and Nationality Act (8 U.S.C. 1357(h)) for the purpose of determining the presence or concentration of a drug or alcohol in such blood, breath, or urine. ``(4) If an individual refuses to submit to such a test after being advised by the officer or employee that the refusal will result in notification under this paragraph, the Attorney General shall give notice of the refusal to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(5) The Attorney General shall give notice of a conviction of an individual under this section for operation of a motor vehicle at a land border port of entry with a drug or alcohol in the body of the individual, to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(6) For purposes of this subsection, the term `land border port of entry' means any land border port of entry (as defined in section 287(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1357(h)(3))) that was not reserved or acquired as provided in section 7 of this title.''. SEC. 2. AUTHORIZING OFFICERS AND EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE TO CONDUCT TESTS FOR A DRUG OR ALCOHOL. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(h)(1) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General is inspecting a driver at a land border port of entry and has reasonable grounds to believe that, because of alcohol in the body of the driver, operation of a motor vehicle by the driver is an offense under section 13 of title 18, United States Code, the officer or employee may require the driver to submit to a test of the breath of the driver to determine the presence or concentration of the alcohol. ``(2) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General arrests a driver under this section for operation of a motor vehicle in violation of section 13 of title 18, United States Code, because of a drug or alcohol in the body of the driver, the officer or employee may require the driver to submit to a chemical or other test to determine the presence or concentration of the drug or alcohol in the blood, breath, or urine of the driver. ``(3) For purposes of this subsection: ``(A) The term `driver' means an individual who is operating a motor vehicle at a land border port of entry. ``(B) The term `land border port of entry' means any immigration checkpoint operated by the Immigration and Naturalization Service at a land border between a State (as that term is used in section 13 of title 18, United States Code) and a foreign state.''. SEC. 3. REQUIRING NOTICE AT LAND BORDER PORTS OF ENTRY REGARDING OPERATION OF A MOTOR VEHICLE AND DRUGS AND ALCOHOL. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 294 (8 U.S.C. 1363a) the following: ``notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol ``Sec. 295. At each point where motor vehicles regularly enter a land border port of entry (as defined in section 287(h)(3)), the Attorney General shall post a notice that operation of a motor vehicle with a drug or alcohol in the body of the driver at a land border port of entry is an offense under Federal law.''. (b) Clerical Amendment.--The first section of the Immigration and Nationality Act is amended in the table of contents by inserting after the item relating to section 294 the following: ``Sec. 295. Notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol.''. SEC. 4. IMPOUNDMENT OF VEHICLE FOR REFUSAL TO SUBMIT TO TEST FOR DRUG OR ALCOHOL. Not more than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations authorizing an officer or employee of the Immigration and Naturalization Service to impound a vehicle, if the individual who operates the vehicle refuses to submit to a chemical or other test under section 13(a)(3) of title 18, United States Code. SEC. 5. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act.

(Sec. 2) Amends the Immigration and Nationality Act (INA) to authorize an INS officer who: (1) inspects a driver at a land border port of entry and who has reasonable grounds to believe that the driver may be operating a motor vehicle in violation of State laws to require the driver to submit to a breath test to determine the presence or concentration of the alcohol; and (2) arrests a driver for such prohibited operation of a motor vehicle to require the driver to submit to a drug or alcohol test. (Sec. 3) Amends the INA to require the Attorney General, at each point where motor vehicles regularly enter a land border port of entry, to post a notice that operation of a motor vehicle with a drug or alcohol in the driver's body at a land border port of entry is an offense under Federal law. (Sec. 4) Directs the Attorney General to issue regulations authorizing an INS officer to impound a vehicle if the individual who operates it refuses to submit to such a test.

To amend title 18, United States Code, to make it illegal to operate a motor vehicle with a drug or alcohol in the body of the driver at a land border port of entry, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Information Independence Act of 2001''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; reference; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Health claims. Sec. 5. Independent scientific review. Sec. 6. Legal effect of health claim recommendation by Independent Scientific Reviewers. Sec. 7. Department of Health and Human Services budget allocation for independent scientific reviews. SEC. 2. FINDINGS. Congress finds as follows: (1) Access to accurate information at the point of sale concerning the effect of nutrients on disease is indispensable to the exercise of informed consumer choice in the marketplace and to the health and welfare of the American people. (2) In 1999, 2000, and 2001, Federal courts have held that Food and Drug Administration suppression of nutrient-disease information is a violation of the First Amendment to the United States Constitution. (3) Despite those holdings and despite the courts' orders, the Food and Drug Administration continues to suppress nutrient-disease information that could improve public health, reduce the costs of health care, and promote the welfare of the American people. (4) The history of the Food and Drug Administration review of nutrient-disease relationships reveals a strong and unscientific bias against food and dietary supplement health claims in direct violation of the constitutional mandates of Federal courts and the intent of Congress. (5) The Food and Drug Administration favors suppression of health claims over disclosure, despite court imposed constitutional requirements to the contrary. (6) To ensure that health claims are evaluated rationally, fairly, and in compliance with constitutional requirements and the intent of Congress, jurisdiction over health claims evaluation must be removed from the Food and Drug Administration and placed in the hands of Independent Scientific Reviewers who do not harbor a bias against food and dietary supplement health claims. SEC. 3. DEFINITIONS. Section 201 (21 U.S.C. 321) is amended by adding at the end the following: ``(kk) The term `Independent Scientific Reviewer' means a person who-- ``(1) holds a Ph.D., an M.D., or both, and has been employed full-time for at least the past 5 consecutive years as a professor or assistant or associate professor in a department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition at a university that is accredited by an organization recognized by the Department of Education of the United States; ``(2) has never been employed by, and has never been contracted to do work for, the Food and Drug Administration or any other agency or office of the Department of Health and Human Services (except to review health claim petitions under section 403D); ``(3) has never been employed by, and has never been contracted to do work for, the health claim petitioner; ``(4) signs an oath pledging to evaluate the health claim petition provided to him or her by the Secretary in strict accordance with the criteria specified in section 403D; ``(5) signs an oath pledging not to discuss with any person the fact that he or she is reviewing the health claim petition or the substance of the petition or the substance of the evaluation before the results of the scientific review are supplied in a complete written evaluation to the Secretary; ``(6) signs an oath pledging to supply complete copies of all publicly available scientific evidence reviewed along with a complete written evaluation of the health claim to the Secretary no later than 180 days after receipt of the health claim petition from the Secretary; and ``(7) signs an oath pledging to exercise independent professional judgment, free of any external influence and any unscientific bias that might interfere with the objective evaluation of the health claim.''. SEC. 4. HEALTH CLAIMS. Section 403(r) (21 U.S.C. 343(r)) is amended-- (1) in subparagraph (1)-- (A) in the matter preceding clause (A)-- (i) by striking ``food intended'' and inserting ``food or dietary supplement intended''; and (ii) by striking ``food which'' and inserting ``food or dietary supplement which''; and (B) in clause (B)-- (i) by inserting after ``health-related condition'' the following: ``(including any statement that the nutrient prevents, treats, or cures a disease)''; and (ii) by striking ``or (5)(D)''; (2) in subparagraph (3), by amending clause (B) to read as follows: ``(B)(i) The Secretary shall promulgate no later than 30 days after receiving an evaluation from an Independent Scientific Reviewer regulations that authorize use on labels and in labeling of all claims of the type described in subparagraph (1)(B) recommended for approval by the Independent Scientific Reviewer together with such disclaimer or disclaimers as the Independent Scientific Reviewer may also recommend. ``(ii) The duties of the Secretary described in subclause (i) are nondelegable and may be discharged only by the Secretary.''; (3) by striking subparagraph (4) and redesignating subparagraph (5) as subparagraph (4); and (4) in subparagraph (4) (as so redesignated), by striking clause (D). SEC. 5. INDEPENDENT SCIENTIFIC REVIEW. Chapter IV (21 U.S.C. 341 et seq.) is amended by inserting after section 403C the following new section: ``independent scientific review ``Sec. 403D. (a) Invitations To Participate.--No later than 30 days after the date of the enactment of the Health Information Independence Act of 2001, and every 180-days thereafter, the Secretary shall send to every department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, and nutrition at every university that is accredited by an organization recognized by the Secretary of Education a notice and invitation to participate, stating the following: ``(1) Scientists employed by the university in its departments of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition who possess a Ph.D. or an M.D., or both, and have been either a full-time professor or a full-time assistant or associate professor for at least the past 5 consecutive years are invited to apply to the Secretary to be Independent Scientific Reviewers in assessing health claims filed with the Food and Drug Administration. Health claims are statements of nutrient-disease association. ``(2) Scientists who qualify to be Independent Scientific Reviewers will be selected at random by the Secretary to review all publicly available scientific evidence on a particular nutrient-disease association, must supply copies of all evidence reviewed to the Secretary, and must supply a written evaluation of that evidence and the health claim to the Secretary no later than 180 days after receipt of the health claim petition. The Independent Scientific Reviewer shall state whether the claim is supported by scientific evidence and is, therefore, recommended for approval. The Independent Scientific Reviewer should only conclude that the health claim is not supported by scientific evidence, and, therefore, not recommended for approval, if the reviewer finds-- ``(A) no credible scientific evidence supporting the claim; and ``(B) no disclaimer that could accompany the claim that could eliminate any potentially misleading connotation conveyed by the claim. Recommended disclaimers must be accurate and concise. Disclaimers should reveal the extent of support for the claim by stating whether evidence in support of the claim is less than conclusive, e.g., that evidence in support of the claim is preliminary and inconclusive, suggestive but not conclusive, or generally accepted but not yet proven to a conclusive degree. ``(3) Independent Scientific Reviewers must complete their reviews within 180 days of receipt of a health claim petition from the Secretary. ``(4) To qualify to be an Independent Scientific Reviewer you must certify in writing under penalty of perjury that-- ``(A) you hold a Ph.D., an M.D., or both, and have been employed full-time for at least the past 5 consecutive years as a professor, assistant professor, or associate professor in a department of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy, or nutrition at a university that is accredited by an organization recognized by the Department of Education of the United States; ``(B) you have never been employed by, and have never been contracted to do work for, the Food and Drug Administration or any other agency or office of the Department of Health and Human Services (except to review health claim petitions) or for the health claim petitioner; ``(C) you will evaluate any health claim petition submitted to you in strict accordance with the criteria specified in section 403D; ``(D) you will not discuss with any person the fact that you are reviewing the health claim petition or the substance of the petition or the substance of the evaluation before you submit a complete written evaluation of the health claim to the Secretary; ``(E) you will complete your review of the health claim petition and will supply your complete written evaluation of it along with all scientific evidence reviewed to the Secretary no later than 180 days after receipt of the health claim petition from the Secretary; and ``(F) you will exercise independent professional judgment, free of any external influence and any unscientific bias that might interfere with the objective evaluation of the health claim. ``(5) Failure to abide by the above rules will result in disbarment from the Independent Scientific Review program and disallowance of all compensation for any review undertaken. ``(b) Confirmation of Independent Scientific Reviewer Status.--No later than 30 days after the Secretary's receipt of a request, including the certifications required under subsection (a)(4), from a person who seeks to serve as an Independent Scientific Reviewer, the Secretary shall notify that person whether he or she satisfies the qualification criteria specified in such subsection and is, thereby, eligible to be selected to serve as an Independent Scientific Reviewer. ``(c) Random Selection of Independent Scientific Reviewer To Evaluate Health Claim.--No later than 15 days after a health claim petition is filed with the Secretary, the Secretary shall select an Independent Scientific Reviewer at random and shall provide that person with a complete copy of the health claim petition for evaluation. The Secretary shall not reveal the name of the Independent Scientific Reviewer to the public or to the health claim petitioner until after the Secretary receives from the Independent Scientific Reviewer all publicly available scientific evidence reviewed and a complete evaluation of the health claim. ``(d) All Publicly Available Scientific Evidence Shall Be Reviewed.--Upon receipt of a health claim petition, the Independent Scientific Reviewer shall acquire and evaluate all publicly available scientific evidence relevant to the claim. The Independent Scientific Reviewer shall determine whether credible scientific evidence supports the health claim. ``(e) Every Health Claim Shall Be Recommended for Approval That Is Supported by Credible Scientific Evidence.--If the Independent Scientific Reviewer finds that credible scientific evidence supports the health claim, the Independent Scientific Reviewer shall recommend to the Secretary that the health claim be approved. If the Independent Scientific Reviewer finds the scientific evidence in support of the claim less than conclusive, suggestive but not conclusive, preliminary and inconclusive, or generally accepted but not yet proven to a conclusive degree, or if the Independent Scientific Reviewer finds the claim to convey a potentially misleading connotation, the Independent Scientific Reviewer shall also recommend that the health claim be approved accompanied by a concise disclaimer carefully worded to render the claim nonmisleading. ``(f) Health Claims Not Recommended for Approval.--If the Independent Scientific Reviewer finds that no credible scientific evidence supports the health claim and that no disclaimer can eliminate a misleading connotation conveyed by the claim, then the Independent Scientific Reviewer shall recommend that the Secretary not approve the health claim. ``(g) Compensation for Independent Scientific Reviewers and Sanctions for Noncompliance.--The Secretary shall pay each Independent Scientific Reviewer the sum of $40,000 no later than 60 days after the Secretary receives all publicly available scientific evidence reviewed and a complete evaluation of the health claim. If the Secretary finds that the Independent Scientific Reviewer has submitted a false certification under subsection (a)(4), the Secretary may debar the Independent Scientific Reviewer from the Independent Scientific Review program and shall refrain from paying the $40,000 fee.''. SEC. 6. LEGAL EFFECT OF HEALTH CLAIM RECOMMENDATION BY INDEPENDENT SCIENTIFIC REVIEWERS. Chapter IV (21 U.S.C. 341 et seq.), as amended by section 5 of this Act, is amended by inserting after section 403D the following new section: ``legal effect of health claim recommendations ``Sec. 403E. (a) Secretary's Response to Health Claim Evaluations by Independent Scientific Reviewers.--No later than 30 days after the Secretary receives from an Independent Scientific Reviewer copies of all publicly available scientific evidence reviewed and a complete written evaluation of a health claim, the Secretary shall-- ``(1) make the evaluation and all scientific evidence reviewed publicly available; and ``(2) publish in the Federal Register as a final and binding order of the Department of Health and Human Services the recommendation of the Independent Scientific Reviewer verbatim and without any alteration in content whatsoever, including the claim, whether the claim is approved or disapproved, the reasons therefor, and whether the claim must be accompanied by a disclaimer and the content of the disclaimer, and the reasons therefor. ``(b) Order on Health Claims Recommendations of Independent Scientific Reviewers Immediately Appealable to the United States Court of Appeals for the D.C. Circuit.--Any health claim petitioner, or any other aggrieved party, may file an appeal for review of an order of the Secretary pursuant to subsection (a) directly to the United States Court of Appeals for the District of Columbia Circuit within 90 days of the date of publication of the order in the Federal Register.''. SEC. 7. DEPARTMENT OF HEALTH AND HUMAN SERVICES BUDGET ALLOCATION FOR INDEPENDENT SCIENTIFIC REVIEWS. (a) Costs of Implementation.--All costs associated with implementing this Act shall be borne by the Department of Health and Human Services from its existing budget. (b) Offsets.--This Act eliminates the need for the Food and Drug Administration to review health claim petitions for foods and dietary supplements. No later than six months after the date of the enactment of this Act, the Secretary of Health and Human Services shall eliminate staff, reduce operating expenses, and maximize cost savings in the Food and Drug Administration's Center for Food Safety and Applied Nutrition to offset the costs of implementing this Act.

Health Information Independence Act of 2001 - Amends the Federal Food, Drug, and Cosmetic Act to extend certain food nutrition labeling requirements to dietary supplements. Requires nutrition labels to include the relationship of a nutrient to the prevention, treatment or cure of a disease.Directs the Secretary of Health and Human Services to solicit Independent Scientific Reviewers from the university community to review, evaluate, and make recommendations on a particular nutrient-disease association, based on the scientific evidence available. Excludes health claims only if they are unsupported by credible scientific evidence and no disclaimer could eliminate potentially misleading connotations.Makes recommendations of Reviewers binding on the Secretary and reviewable only by the U.S. Court of Appeals for D.C. Requires costs of this program to be offset against the operating budget of the Department of Health and Human Services..

To amend the Federal Food, Drug, and Cosmetic Act to establish a system independent of the Food and Drug Administration for the review of health claims, to define health claims, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Orderly and Responsible Transit of Shipments Act of 2015'' or the ``PORTS Act''. SEC. 2. ADDRESSING PORT SLOWDOWNS, STRIKES, AND LOCK-OUTS. (a) National Emergencies.--Section 206 of the Labor Management Relations Act, 1947 (29 U.S.C. 176) is amended-- (1) in the first sentence-- (A) by striking ``Whenever in the opinion'' and inserting ``(a) Whenever in the opinion''; (B) by striking ``a threatened or actual strike or lock-out'' and inserting ``a slowdown, or a threatened or an actual strike or lock-out,''; (C) by striking ``he may appoint'' and inserting ``the President may appoint''; and (D) by striking ``to him within such time as he shall prescribe'' and inserting ``to the President within such time as the President shall prescribe and in accordance with the third sentence of this subsection''; (2) in the third sentence, by striking ``The President'' and inserting ``Not later than 30 days after appointing the board of inquiry, the President''; and (3) by adding at the end the following: ``(b)(1) Whenever in the opinion of any Governor of a State or territory of the United States, a slowdown, or a threatened or an actual strike or lock-out, occurring at 1 or more ports in the United States, is affecting an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce, will, if permitted to occur or to continue, imperil national or State health or safety, the Governor may request the President to appoint a board of inquiry under subsection (a). ``(2)(A) If the President does not appoint a board of inquiry within 10 days of receiving a request under paragraph (1), the Governor who made the request under such paragraph may appoint a board of inquiry to inquire into the issues involved in the dispute and prepare and submit, to the Governor and the President, a written report as described in subparagraph (B) within such time as the Governor shall prescribe and in accordance with the deadline under subparagraph (C). ``(B) The report described in this subparagraph shall include a statement of the facts with respect to the dispute, including a statement from each party to the dispute describing the position of such party, but shall not contain any recommendations. ``(C) Not later than 30 days after appointing a board of inquiry under subparagraph (A), the Governor shall-- ``(i) file a copy of the report described in subparagraph (B) with the Service; and ``(ii) make the contents of such report available to the President and the public. ``(c) Any Governor of a State or territory of the United States (referred to in this subsection as the `supplementing Governor') may submit to the President or Governor who appointed a board of inquiry under subsection (a) or (b) a supplement to the report under such subsection that includes data pertaining to the impact on the State or territory of the supplementing Governor of a slowdown, or a threatened or an actual strike or lock-out, at 1 or more ports. Upon receiving such supplement, the President or Governor shall file such supplement with the Service and make the contents of such supplement available to the public. ``(d) For each slowdown, or threatened or actual strike or lock- out, at 1 or more ports, only 1 board of inquiry may be appointed under subsection (a) or (b)(2) during any 90-day period.''. (b) Boards of Inquiry.--Section 207(a) of the Labor Management Relations Act, 1947 (29 U.S.C. 177) is amended by striking ``as the President shall determine,'' and inserting ``as the President shall determine for a board of inquiry appointed under section 206(a), or as the Governor shall determine for a board of inquiry appointed by such Governor under section 206(b)(2),''. (c) Injunctions During National Emergencies.--Section 208 of the Labor Management Relations Act, 1947 (29 U.S.C. 178) is amended-- (1) in subsection (a)-- (A) in the matter preceding clause (i)-- (i) by inserting ``appointed under subsection (a) or (b)(2) of section 206'' after ``board of inquiry''; (ii) by striking ``strike or lock-out or the continuing thereof'' and inserting ``slowdown, or threatened or actual strike or lock-out, or the continuing thereof''; and (iii) by striking ``such threatened or actual strike or lock-out'' and inserting ``such slowdown, or threatened or actual strike or lock-out, or the continuing thereof''; and (B) in clause (ii), by striking ``strike or lock- out or the continuing thereof'' and inserting ``slowdown, strike, or lock-out, or the continuing thereof''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: ``(b)(1) If a slowdown, or a threatened or an actual strike or lock-out, is occurring at 1 or more ports and the President does not direct the Attorney General to make a petition under subsection (a) within 10 days of receiving a report from a board of inquiry appointed under subsection (a) or (b)(2) of section 206, any Governor of a State or territory of the United States in which such port or ports are located may direct the attorney general of such State or territory to petition the district court of the United States having jurisdiction in such State or territory to enjoin such slowdown, or threatened or actual strike or lock-out, or the continuing thereof, at the port or ports within such State or territory. ``(2) The district court described in paragraph (1) shall have jurisdiction to enjoin any slowdown, threatened or actual strike or lock-out, or continuing thereof, and to make such other orders as may be appropriate, if such court determines that such slowdown or threatened or actual strike or lock-out-- ``(A) affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication within the applicable State or territory, or engaged in the production of goods for commerce; and ``(B) if permitted to occur or to continue, will imperil national or State health and safety.''. (d) Reconvening of Boards of Inquiry; NLRB Secret Ballots.--Section 209(b) of the Labor Management Relations Act, 1947 (29 U.S.C. 179(b)) is amended-- (1) in the first sentence, by striking ``Upon the issuance of such order, the President'' and inserting ``(1) Upon the issuance of any such order, the President or the Governor, as the case may be,''; (2) in the second sentence, by striking ``report to the President'' and inserting ``report to the President and any Governor who initiated an action under section 206(b) or 208(b)''; (3) in the third sentence, by striking ``The President'' and inserting ``The President or the Governor, as the case may be,''; (4) in the fourth sentence-- (A) by striking ``The National Labor Relations Board, within the succeeding fifteen days, shall take a secret ballot'' and inserting the following: ``(2) Not later than 15 days after the board of inquiry submits a report under paragraph (1), the National Labor Relations Board, subject to paragraph (3), shall take a secret ballot''; (B) by striking ``as stated by him'' and inserting ``as stated by the employer''; and (C) by striking ``Attorney General'' and inserting ``Attorney General or State attorney general, whichever sought the injunction,''; and (5) by adding at the end the following: ``(3) For each slowdown, or threatened or actual strike or lock- out, at 1 or more ports, the National Labor Relations Board shall take not more than 1 secret ballot in any 30-day period for the same employees.''. (e) Discharge of Injunctions.--Section 210 of the Labor Management Relations Act, 1947 (29 U.S.C. 180) is amended-- (1) in the first sentence, by striking ``the Attorney General'' and inserting ``the Attorney General, or the State attorney general, whichever sought the injunction,''; and (2) in the second sentence, by striking ``the President'' and inserting ``the President, or any Governor who initiated an action under section 208(b),''.

Protecting Orderly and Responsible Transit of Shipments Act of 2015 or the PORTS Act This bill amends the Labor Management Relations Act, 1947 to extend to labor slowdowns occurring at U.S. ports the President's authority to appoint a board of inquiry into the issues involved. State and territorial governors shall have authority to request the President to appoint a board of inquiry if a slowdown, or a threatened or an actual strike or lock-out, occurring at one or more U.S. ports will, if continued, imperil national or state health or safety. If the President does not appoint a board of inquiry within 10 days after receiving a request, the governor who made the request may appoint one to report on the dispute to the governor and the President, although without recommendations. Supplemental reports are also authorized. Boards of inquiry are limited to one that may appointed for each dispute during a 90-day period. Governors may also petition for injunctions against such labor or management actions affecting ports in their states or territories. The National Labor Relations Board, for each dispute, shall take not more than one secret ballot for the same employees in any 30-day period.

PORTS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Exploitation Through Trafficking Act of 2014''. SEC. 2. SAFE HARBOR INCENTIVES. Part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended-- (1) in section 1701(c), by striking ``where feasible'' and all that follows, and inserting the following: ``where feasible, to an application-- ``(1) for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g); or ``(2) from an applicant in a State that has in effect a law that-- ``(A) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; ``(B) discourages the charging or prosecution of an individual described in subparagraph (A) for a prostitution or sex trafficking offense, based on the conduct described in subparagraph (A); or ``(C) encourages the diversion of an individual described in subparagraph (A) to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services.''; and (2) in section 1709, by inserting at the end the following: ``(5) `commercial sex act' has the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102). ``(6) `minor' means an individual who has not attained the age of 18 years. ``(7) `severe form of trafficking in persons' has the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).''. SEC. 3. REPORT ON RESTITUTION PAID IN CONNECTION WITH CERTAIN TRAFFICKING OFFENSES. Section 105(d)(7)(Q) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended-- (1) by inserting after ``1590,'' the following: ``1591,''; (2) by striking ``and 1594'' and inserting ``1594, 2251, 2251A, 2421, 2422, and 2423''; (3) in clause (iv), by striking ``and'' at the end; (4) in clause (v), by striking ``and'' at the end; and (5) by inserting after clause (v) the following: ``(vi) the number of individuals required by a court order to pay restitution in connection with a violation of each offense under title 18, United States Code, the amount of restitution required to be paid under each such order, and the amount of restitution actually paid pursuant to each such order; and ``(vii) the age, gender, race, country of origin, country of citizenship, and description of the role in the offense of individuals convicted under each offense; and''. SEC. 4. NATIONAL HUMAN TRAFFICKING HOTLINE. Section 107(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) National human trafficking hotline.-- Beginning in fiscal year 2017 and each fiscal year thereafter, of amounts made available for grants under this paragraph, the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons.''. SEC. 5. JOB CORPS ELIGIBILITY. Section 144(3) of the Workforce Investment Act of 1998 (29 U.S.C. 2884(3)) is amended by adding at the end the following: ``(F) A victim of a severe form of trafficking in persons (as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102)). Notwithstanding paragraph (2), an individual described in this subparagraph shall not be required to demonstrate eligibility under such paragraph.''. SEC. 6. CLARIFICATION OF AUTHORITY OF THE UNITED STATES MARSHALS SERVICE. Section 566(e)(1) of title 28, United States Code, is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by inserting after subparagraph (C), the following: ``(D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children.''. Passed the House of Representatives May 20, 2014. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on May 13, 2014. Stop Exploitation Through Trafficking Act of 2014 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to give preferential consideration in awarding Community Oriented Police Services (COPS) grants to an application from an applicant in a state that has in effect a law that: (1) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (2) discourages the charging or prosecution of such individual for a prostitution or sex trafficking offense based on such conduct; or (3) encourages the diversion of such an individual to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services. (Sec. 3) Amends the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) to require the Attorney General's annual report on federal agencies that are implementing provisions relating to the Interagency Task Force to Monitor and Combat Trafficking to include information on the activities of such agencies in cooperation with state, tribal, and local law enforcement officials to identify, investigate, and prosecute the following offenses: (1) sex trafficking by force, fraud, or coercion or with a minor; (2) sexual exploitation of children; (3) the selling and buying of children; (4) transportation with intent that the victim engage in illegal sexual activity; (5) coercion or enticement to travel for illegal sexual activity; and (6) transportation of minors for illegal sexual activity. Requires such information to include: (1) the number of individuals required by a court order to pay restitution in connection with a violation of each offense and the amount of such restitution; and (2) the age, gender, race, country of origin, country of citizenship, and description of the role of individuals convicted under each offense. (Sec. 4) Amends the VTVPA to require the Secretary of Health and Human Services (HHS), annually beginning in FY2017, to make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. (Sec. 5) Amends the Workforce Investment Act of 1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps without being required to demonstrate low-income eligibility. (Sec. 6) Authorizes the United States Marshals Service to assist state, local, and other federal law enforcement agencies, upon request, in locating and recovering missing children.

Stop Exploitation Through Trafficking Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``High School Athletics Accountability Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Participation in sports teaches youth critical life skills and has a significant positive impact on all areas of their lives, especially for girls. (2) Participation in sports results in many long-term physical and psychological health benefits for girls. For instance-- (A) providing opportunities to play sports in school is one key way to combat the rising rates of childhood obesity, which is caused in large part by physical inactivity; (B) girls who participate in sports have lower rates of heart disease, breast cancer, and osteoporosis; and (C) girls who participate in sports have higher levels of confidence and self-esteem, lower levels of depression, are less likely to be suicidal, and are more likely to have a positive body image than female non-athletes. (3) Participation in sports promotes responsible social behaviors and greater academic success among girls. For instance-- (A) girls who participate in sports are more likely to refrain from sexual activity, are more likely to defer having sex until a later age and to have fewer sex partners, and are half as likely to experience an unintended pregnancy as compared to female non- athletes; (B) girls who participate in sports have higher graduation rates, receive better grades, and score higher on standardized tests than female students in general; (C) girls who participate in sports have more positive attitudes towards science, a field traditionally predominated by males; (D) girls who participate in sports are less likely to smoke or use illegal drugs; (E) girls who participate in sports often have strengthened family relationships, including with their fathers and other male family members; and (F) girls who participate in sports learn important professional lessons that have a lifelong influence (Eighty percent of women identified as key leaders in Fortune 500 companies participated in sports while growing up, and 82 percent of executive businesswomen played sports, with the majority saying lessons learned on the playing field contributed to their success in business.). (4) The opportunity to play sports in secondary school helps many middle- and low-income students--who might otherwise be unable to attend college--to gain access to higher education. (5) Physical inactivity is much more common among females than males. (6) Girls who are not involved in physical activity by age 10 have only a 10 percent chance of being athletic when they are 25. (7) Girls receive 1,100,000 fewer opportunities to play high school sports than do boys, which translate into many lost opportunities for athletic participation and scholarships. (8) Several reports indicate that girls' teams often receive inferior opportunities and benefits in other aspects of athletics programs, including overall budgets; equipment; uniforms; locker rooms and practice and competitive facilities; scheduling of practices, games, and sports seasons; training and medical services; coaches; and publicity. (9) Students and parents should be aware of the athletic opportunities and benefits that their schools provide to male and female students. (10) Without information about how athletic opportunities and benefits are being allocated at the elementary and secondary school level, students may be deprived of opportunities to play sports and to attend college on an athletic scholarship. SEC. 3. DISCLOSURE OF STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS. Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. EQUALITY IN ATHLETIC PROGRAMS. ``(a) Report.--Each coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: ``(1) The number of male and female students that attended the school. ``(2) A listing of the teams that competed in athletic competition and for each such team the following data: ``(A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant's gender. ``(B) The year the team began. ``(C) The total budget and expenditures for the team, including a listing of the following data: ``(i) The travel budget and expenditures. ``(ii) The equipment budget and expenditures (including any equipment replacement schedule). ``(iii) The uniform budget and expenditures (including any uniform replacement schedule). ``(iv) The budget and expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. ``(v) The budget and expenditures for training and medical facilities and services. ``(vi) The budget and expenditures for publicity (including press guides, press releases, game programs, and publicity personnel) for competitions. ``(D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person's-- ``(i) gender; ``(ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and ``(iii) qualifications, including whether the person is a professional or student. ``(E) The total number of coaches, and for each coach an identification of such coach's-- ``(i) gender; ``(ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and ``(iii) qualifications, including whether the person is a professional or student. ``(F) The total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. ``(G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. ``(H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. ``(I) The season in which the team competed. ``(J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. ``(3) The average annual institutional salary attributable to coaching of the head coaches of men's teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women's teams, across all offered sports. ``(4) The average annual institutional salary attributable to coaching of the assistant coaches of men's teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women's teams, across all offered sports. ``(b) Special Rule.--For the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach's salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach's responsibilities for the different teams. ``(c) Disclosure of Information to Students and Public.--A coeducational elementary or secondary school described in subsection (a) shall-- ``(1) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this section; and ``(2) ensure that all students at the school are informed of their right to request such information. ``(d) Submission; Information Availability.--On an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c). ``(e) Duties of Commissioner for Education Statistics.--The Commissioner for Education Statistics shall-- ``(1) ensure that reports under this section are made available to the public within a reasonable period of time; and ``(2) not later than 180 days after the date of the enactment of the High School Athletics Accountability Act of 2004, notify all elementary and secondary schools in all States regarding the availability of information under subsection (c) and how such information may be accessed.''.

High School Athletics Accountability Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct coeducational elementary and secondary schools, if they participate in any ESEA program, to: (1) report certain information on equality in their school athletic programs to the Commissioner for Educational Statistics; and (2) make such information available to their students and potential students, upon request, and to the public.

To amend the Elementary and Secondary Education Act of 1965 to direct certain coeducational elementary and secondary schools to make available information on equality in school athletic programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia and United States Territories Circulating Quarter Dollar Program Act''. SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES. Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(r) Redesign and Issuance of Circulating Quarter Dollar Honoring the District of Columbia and Each of the Territories.-- ``(1) Redesign in 2009.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2) and subject to paragraph (6)(B), quarter dollar coins issued during 2009, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the District of Columbia and the territories. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars issued during 2009 in which-- ``(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and ``(ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Single district or territory design.--The design on the reverse side of each quarter dollar issued during 2009 shall be emblematic of one of the following: The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(3) Selection of design.-- ``(A) In general.--Each of the 6 designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the chief executive of the District of Columbia or the territory being honored, or such other officials or group as the chief executive officer of the District of Columbia or the territory may designate for such purpose; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Coinage Advisory Committee. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by District or territorial officials, artists from the District of Columbia or the territory, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(4) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(C) Timing and order of issuance.--Coins minted under this subsection honoring the District of Columbia and each of the territories shall be issued in equal sequential intervals during 2009 in the following order: the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(6) Other provisions.-- ``(A) Application in event of admission as a state.--If the District of Columbia or any territory becomes a State before the end of the 10-year period referred to in subsection (l)(1), subsection (l)(7) shall apply, and this subsection shall not apply, with respect to such State. ``(B) Application in event of independence.--If any territory becomes independent or otherwise ceases to be a territory or possession of the United States before quarter dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection shall cease to apply with respect to such territory. ``(7) Territory defined.--For purposes of this subsection, the term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''. Passed the House of Representatives January 23, 2007. Attest: KAREN L. HAAS, Clerk.

District of Columbia and United States Territories Circulating Quarter Dollar Program Act - (Sec. 2) Requires quarter dollar coins issued during 2009 to have designs on the reverse side which are emblematic of the District of Columbia and the territories. Authorizes the Secretary of the Treasury to issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. Territories, including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Requires the design on the reverse side of each quarter dollar issued during 2009 to be emblematic of one of the following: The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Prohibits inclusion in the design of any quarter dollar any head and shoulders portrait or bust of any person, living or dead, including any portrait of a living person. Sets forth a timing and order of issuance in equal sequential intervals.

To provide for a circulating quarter dollar coin program to honor the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Consent Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The United States Preventive Services Task Force (USPSTF) issued findings and recommendations against screening for suicide that corroborate those of the Canadian Preventive Services Task Force. ``USPSTF found no evidence that screening for suicide risk reduces suicide attempts or mortality. There is limited evidence on the accuracy of screening tools to identify suicide risk in the primary care setting, including tools to identify those at high risk.''. (2) The 1999 Surgeon General's report on mental health admitted the serious conflicts in the medical literature regarding the definitions of mental health and mental illness when it said, ``In other words, what it means to be mentally healthy is subject to many different interpretations that are rooted in value judgments that may vary across cultures. The challenge of defining mental health has stalled the development of programs to foster mental health (Secker, 1998). . . .''. (3) A 2005 report by the National Center for Infant and Early Childhood Health Policy admitted, with respect to the psychiatric screening of children from birth to age 5, the following: ``We have mentioned a number of the problems for the new field of IMH [Infant Mental Health] throughout this paper, and many of them complicate examining outcomes.''. Briefly, such problems include: (A) Lack of baseline (B) Lack of agreement about diagnosis. (C) Criteria for referrals or acceptance into services are not always well defined. (D) Lack of longitudinal outcome studies. (E) Appropriate assessment and treatment requires multiple informants involved with the young child: parents, clinicians, child care staff, preschool staff, medical personnel, and other service providers. (F) Broad parameters for determining socioemotional outcomes are not clearly defined, although much attention is now being given to school readiness. (4) Authors of the bible of psychiatric diagnosis, the Diagnostic and Statistical Manual, admit that the diagnostic criteria for mental illness are vague, saying, ``DSM-IV criteria remain a consensus without clear empirical data supporting the number of items required for the diagnosis. . . . Furthermore, the behavioral characteristics specified in DSM- IV, despite efforts to standardize them, remain subjective. . . .'' (American Psychiatric Association Committee on the Diagnostic and Statistical Manual (DSM-IV 1994), pp. 1162- 1163). (5) Because of the subjectivity of psychiatric diagnosis, it is all too easy for a psychiatrist to label a person's disagreement with the psychiatrist's political beliefs a mental disorder. (6) Efforts are underway to add a diagnosis of ``extreme intolerance'' to the Diagnostic and Statistical Manual. Prisoners in the California State penal system judged to have this extreme intolerance based on race or sexual orientation are considered to be delusional and are being medicated with anti-psychotic drugs. (Washington Post 12/10/05) (7) At least one federally-funded school violence prevention program has suggested that a child who shares his or her parent's traditional values may be likely to instigate school violence. (8) Despite many statements in the popular press and by groups promoting the psychiatric labeling and medication of children, that ADD/ADHD is due to a chemical imbalance in the brain, the 1998 National Institutes of Health Consensus Conference said, ``. . . further research is necessary to firmly establish ADHD as a brain disorder. This is not unique to ADHD, but applies as well to most psychiatric disorders, including disabling diseases such as schizophrenia. . . . Although an independent diagnostic test for ADHD does not exist. . . . Finally, after years of clinical research and experience with ADHD, our knowledge about the cause or causes of ADHD remains speculative.''. (9) There has been a precipitous increase in the prescription rates of psychiatric drugs in children: (A) The use of antipsychotic medication in children has increased nearly fivefold between 1995 and 2002 with more than 2.5 million children receiving these medications, the youngest being 18 months old. (Vanderbilt University, 2006) (B) More than 2.2 million children are receiving more than one psychotropic drug at one time with no scientific evidence of safety or effectiveness. (Medco Health Solutions, 2006) (C) More money was spent on psychiatric drugs for children than on antibiotics or asthma medication in 2003. (Medco Trends, 2004) (10) A September 2004 Food and Drug Administration hearing found that more than two-thirds of studies of antidepressants given to depressed children showed that they were no more effective than placebo, or sugar pills, and that only the positive trials were published by the pharmaceutical industry. The lack of effectiveness of antidepressants has been known by the Food and Drug Administration since at least 2000 when, according to the Food and Drug Administration Background Comments on Pediatric Depression, Robert Temple of the Food and Drug Administration Office of Drug Evaluation acknowledged the ``preponderance of negative studies of antidepressants in pediatric populations''. The Surgeon General's report said of stimulant medication like Ritalin, ``However, psychostimulants do not appear to achieve long-term changes in outcomes such as peer relationships, social or academic skills, or school achievement.''. (11) The Food and Drug Administration finally acknowledged by issuing its most severe Black Box Warnings in September 2004, that the newer antidepressants are related to suicidal thoughts and actions in children and that this data was hidden for years. A confirmatory review of that data published in 2006 by Columbia University's department of psychiatry, which is also the originator of the TeenScreen instrument, found that ``in children and adolescents (aged 6-18 years), antidepressant drug treatment was significantly associated with suicide attempts . . . and suicide deaths. . . . ''. The Food and Drug Administration had over 2000 reports of completed suicides from 1987 to 1995 for the drug Prozac alone, which by the agency's own calculations represent but a fraction of the suicides. Prozac is the only such drug approved by the Food and Drug Administration for use in children. (12) Other possible side effects of psychiatric medication used in children include mania, violence, dependence, weight gain, and insomnia from the newer antidepressants; cardiac toxicity including lethal arrhythmias from the older antidepressants; growth suppression, psychosis, and violence from stimulants; and diabetes from the newer anti-psychotic medications. (13) Parents are already being coerced to put their children on psychiatric medications and some children are dying because of it. Universal or mandatory mental health screening and the accompanying treatments recommended by the President's New Freedom Commission on Mental Health will only increase that problem. Across the country, Patricia Weathers, the Carroll Family, the Johnston Family, and the Salazar Family were all charged or threatened with child abuse charges for refusing or taking their children off of psychiatric medications. (14) The United States Supreme Court in Pierce versus Society of Sisters (268 U.S. 510 (1925)) held that parents have a right to direct the education and upbringing of their children. (15) Universal or mandatory mental health screening violates the right of parents to direct and control the upbringing of their children. (16) Federal funds should never be used to support programs that could lead to the increased over-medication of children, the stigmatization of children and adults as mentally disturbed based on their political or other beliefs, or the violation of the liberty and privacy of Americans by subjecting them to invasive ``mental health screening'' (the results of which are placed in medical records which are available to government officials and special interests without the patient's consent). SEC. 3. PROHIBITION AGAINST FEDERAL FUNDING OF UNIVERSAL OR MANDATORY MENTAL HEALTH SCREENING. (a) Universal or Mandatory Mental Health Screening Program.--No Federal funds may be used to establish or implement any universal or mandatory mental health, psychiatric, or socioemotional screening program. (b) Refusal to Consent as Basis of a Charge of Child Abuse or Education Neglect.--No Federal education funds may be paid to any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide express, written, voluntary, informed consent to mental health screening for his or her child as the basis of a charge of child abuse, child neglect, medical neglect, or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such a charge. (c) Definition.--For purposes of this Act, the term ``universal or mandatory mental health, psychiatric, or socioemotional screening program''-- (1) means any mental health screening program in which a set of individuals (other than members of the Armed Forces or individuals serving a sentence resulting from conviction for a criminal offense) is automatically screened without regard to whether there was a prior indication of a need for mental health treatment; and (2) includes-- (A) any program of State incentive grants for transformation to implement recommendations in the July 2003 report of the President's New Freedom Commission on Mental Health, the State Early Childhood Comprehensive System, grants for TeenScreen, and the Foundations for Learning Grants; and (B) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved.

Parental Consent Act of 2007 - Prohibits federal funds from being used to establish or implement any universal or mandatory mental health, psychiatric, or socioemotional screening program. Prohibits federal education funds from being used to pay any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide consent to mental health screening as the basis of a charge of child abuse, child neglect, medical neglect, or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such charge. Defines a screening program under this Act as any mental health screening program in which a set of individuals is automatically screened without regard to whether there was a prior indication of a need for mental health treatment, including: (1) any program of state incentive grants to implement recommendations in the July 2003 report of the President's New Freedom Commission on Mental Health, the State Early Childhood Comprehensive System, grants for TeenScreen, and the Foundations for Learning Grants; and (2) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved.

To prohibit the use of Federal funds for any universal or mandatory mental health screening program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wind Power Tax Incentives Act of 2005''. SEC. 2. OFFSET OF PASSIVE ACTIVITY LOSSES AND CREDITS OF AN ELIGIBLE TAXPAYER FROM WIND ENERGY FACILITIES. (a) In General.--Section 469 of the Internal Revenue Code of 1986 (relating to passive activity losses and credits limited) is amended-- (1) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and (2) by inserting after subsection (k) the following: ``(l) Offset of Passive Activity Losses and Credits From Wind Energy Facilities.-- ``(1) In general.--Subsection (a) shall not apply to the portion of the passive activity loss, or the deduction equivalent (within the meaning of subsection (j)(5)) of the portion of the passive activity credit, for any taxable year which is attributable to all interests of an eligible taxpayer in qualified facilities described in section 45(d)(1). ``(2) Eligible taxpayer.--For purposes of this subsection-- ``(A) In general.--The term `eligible taxpayer' means, with respect to any taxable year, a taxpayer the adjusted gross income (taxable income in the case of a corporation) of which does not exceed $1,000,000. ``(B) Rules for computing adjusted gross income.-- Adjusted gross income shall be computed in the same manner as under subsection (i)(3)(F). ``(C) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer for purposes of this paragraph. ``(D) Pass-thru entities.--In the case of a pass- thru entity, this paragraph shall be applied at the level of the person to which the credit is allocated by the entity.''. (b) Effective Date.--The amendments made by this section shall apply to facilities placed in service after the date of the enactment of this Act. SEC. 3. APPLICATION OF CREDIT TO COOPERATIVES. (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(10) Allocation of credit to shareholders of cooperative.-- ``(A) Election to allocate.-- ``(i) In general.--In the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned pro rata among shareholders of the organization on the basis of the capital contributions of the shareholders to the organization. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. ``(B) Treatment of organizations and patrons.--The amount of the credit apportioned to any shareholders under subparagraph (A)-- ``(i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and ``(ii) shall be included in the amount determined under subsection (a) for the taxable year of the shareholder with or within which the taxable year of the organization ends. ``(C) Special rules for decrease in credits for taxable year.--If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of-- ``(i) such reduction, over ``(ii) the amount not apportioned to such shareholders under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this subpart or subpart A, B, E, or G.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Wind Power Tax Incentives Act of 2005 - Amends the Internal Revenue Code to permit: (1) individual taxpayers with adjusted gross incomes (taxable incomes in the case of corporate taxpayers) of $1 million or less to offset passive activity losses and credits from energy-producing wind facilities against regular income; and (2) tax-exempt cooperative organizations (including farmers' cooperatives) to apportion pro rata among their shareholders tax credits received for investment in energy-producing wind facilities.

A bill to amend the Internal Revenue Code of 1986 to encourage investment in facilities using wind to produce electricity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Slave Memorial Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Millions of Africans and their descendants were enslaved in the United States and the 13 American colonies in the period 1619 through 1865. (2) The American Colonies determined that economic benefit would be derived from the import of slave labor and forthwith became an active participant in the ``Middle Passage'' of African slaves to its shores. (3) Upon their arrival in North America, Africans were considered chattel and thereby denied the privileges granted to other immigrants. (4) The agricultural resources of any nation are the backbone of its subsistence and for over 250 years, millions of unnamed African and American-born Black men, women, and children provided the free labor that cultivated the fields from which Americans ate and were clothed, which allowed the dominant population to secure other interests. (5) Slavery was a grave injustice that caused African Americans to suffer enormous damages and losses, both material and intangible, including the loss of human dignity and liberty, the frustration of careers and professional lives, and the long-term loss of income and opportunity. (6) Slavery in the United States denied African Americans the fruits of their own labor and was an immoral and inhumane deprivation of life, liberty, the pursuit of happiness, citizenship rights, and cultural heritage. (7) Although the achievements of African Americans in overcoming the evils of slavery stand as a source of tremendous inspiration, the successes of slaves and their descendants do not overwrite the failure of the Nation to grant all Americans their birthright of equality and the civil rights that safeguard freedom. (8) Many African American slaves fought as valiant patriots in the wars that helped to preserve our national freedoms, knowing they would never be privileged to partake of the freedoms for which they fought. (9) African American art, history, and culture reflect experiences of slavery and freedom, and continued struggles for full recognition of citizenship and treatment with human dignity, and there is inadequate presentation, preservation, and recognition of the contributions of African Americans within American society. (10) There is a great need for building institutions and monuments to promote cultural understanding of African American heritage and further enhance racial harmony. (11) It is proper and timely for the Congress to recognize June 19, 1865, the historic day when the last group of slaves were informed of their freedom, to acknowledge the historic significance of the abolition of slavery, to express deep regret to African Americans, and to support reconciliation efforts. SEC. 3. NATIONAL SLAVE MEMORIAL. (a) In General.--The National Foundation for African American Heritage (in this Act referred to as the ``Foundation''), in consultation with the Secretary of the Interior, is authorized to establish, in the District of Columbia, a memorial to slavery-- (1) to acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American Colonies; and (2) to honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty contribution to the United States. (b) Location.-- (1) In general.--The memorial shall be situated in a location that is-- (A) within the area that is referred to in the Commemorative Works Act (40 U.S.C. 1001 et seq.) as Area 1 and in proximity to the Lincoln Memorial; and (B) recommended by the Secretary of the Interior and the National Capital Memorial Commission not later than 6 months after the date of enactment of this Act. (2) Compliance with commemorative works act.--This Act shall be treated as satisfying the authorization and location approval requirements of section 6 of the Commemorative Works Act (40 U.S.C. 1006). (c) Design.--The Foundation, in consultation with the Secretary of the Interior, and the National Capital Memorial Commission shall-- (1) not later than 6 months after the date of enactment of this Act, begin soliciting proposals for the design of the memorial from architects; and (2) not later than 2 years after the date of enactment of this Act, select a design for the memorial from the proposals submitted to the Secretary. (d) Funding.-- (1) In general.--The Secretary of the Interior, in coordination with the Director of the Smithsonian Institution, may accept donations of any necessary funds from the Foundation and other private sector sources to design, construct, and maintain the memorial. (2) Account in treasury.--The Secretary shall deposit amounts that are accepted under this subsection into a separate account in the Treasury established for such purpose. Amounts deposited into the account shall be available for expenditure by the Secretary without further appropriation to carry out this Act. SEC. 4. REPORTS. (a) Periodic Reports.--Not later than 6 months after the date of enactment of this Act, and each 6 months thereafter until the submission of a final report under subsection (b), the Secretary of the Interior shall transmit to the Congress a report on activities with regard to the memorial. (b) Final Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Congress a final report on activities with regard to the memorial, including the recommended design of the memorial. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Subject to subsection (b), there are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary for carrying out this Act. (b) Limitation.--No sums may be appropriated to the Secretary for the construction of the memorial unless at least one-half of the estimated total cost of the construction of the memorial is donated from private sources pursuant to section 3(d).

National Slave Memorial Act - Authorizes the National Foundation for African American Heritage to establish, in the District of Columbia, a memorial to slavery to: (1) acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies; and (2) honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty U.S. contribution.

To authorize the Secretary of the Interior to establish a memorial to slavery, in the District of Columbia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Abuse Insurance Protection Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Abuse.--The term ``abuse'' means the occurrence of one or more of the following acts by a current or former household or family member, intimate partner, or caretaker: (A) Attempting to cause or causing another person bodily injury, physical harm, substantial emotional distress, psychological trauma, rape, sexual assault, or involuntary sexual intercourse. (B) Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority and under circumstances that place the person in reasonable fear of bodily injury or physical harm. (C) Subjecting another person to false imprisonment or kidnapping. (D) Attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person. (2) Abuse-related medical condition.--The term ``abuse- related medical condition'' means a medical condition which arises in whole or in part out of an action or pattern of abuse. (3) Abuse status.--The term ``abuse status'' means the fact or perception that a person is, has been, or may be a subject of abuse, irrespective of whether the person has sustained abuse-related medical conditions or has incurred abuse-related claims. (4) Health benefit plan.--The term ``health benefit plan'' means any public or private entity or program that provides for payments for health care, including-- (A) a group health plan (as defined in section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167)) or a multiple employer welfare arrangement (as defined in section 3(40) of such Act (29 U.S.C. 1102(40)) that provides health benefits; (B) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract; (C) workers' compensation or similar insurance to the extent that it relates to workers' compensation medical benefits (as defined by the Federal Trade Commission); and (D) automobile medical insurance to the extent that it relates to medical benefits (as defined by the Federal Trade Commission). (5) Health carrier.--The term ``health carrier'' means a person that contracts or offers to contract on a risk-assuming basis to provide, deliver, arrange for, pay for or reimburse any of the cost of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation or any other entity providing a plan of health insurance, health benefits or health services. (6) Insured.--The term ``insured'' means a party named on a policy, certificate, or health benefit plan, including an individual, corporation, partnership, association, unincorporated organization or any similar entity, as the person with legal rights to the benefits provided by the policy, certificate, or health benefit plan. For group insurance, such term includes a person who is a beneficiary covered by a group policy, certificate, or health benefit plan. For life insurance, the term refers to the person whose life is covered under an insurance policy. (7) Insurer.--The term ``insurer'' means any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or other legal entity engaged in the business of insurance, including agents, brokers, adjusters, and third party administrators. The term also includes health carriers, health benefit plans, and life, disability, and property and casualty insurers. (8) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract. (9) Subject of abuse.--The term ``subject of abuse'' means a person against whom an act of abuse has been directed, a person who has prior or current injuries, illnesses, or disorders that resulted from abuse, or a person who seeks, may have sought, or had reason to seek medical or psychological treatment for abuse, protection, court-ordered protection, or shelter from abuse. SEC. 3. DISCRIMINATORY ACTS PROHIBITED. (a) In General.--No insurer or health carrier may, directly or indirectly, engage in any of the following acts or practices on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association, is, has been, or may be the subject of abuse: (1) Denying, refusing to issue, renew or reissue, or canceling or otherwise terminating an insurance policy or health benefit plan. (2) Restricting, excluding, or limiting insurance or health benefit plan coverage for losses incurred as a result of abuse or denying a claim incurred by an insured as a result of abuse, except as otherwise permitted or required by State laws relating to life insurance beneficiaries. (3) Adding a premium differential to any insurance policy or health benefit plan. (4) Terminating health coverage for a subject of abuse because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject of abuse or the abuser's coverage has terminated voluntarily or involuntarily and the subject of abuse does not qualify for extension of coverage under part 6 of subtitle B of title I or the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or 4980B of the Internal Revenue Code of 1986. Nothing in this paragraph prohibits the insurer from requiring the subject of abuse to pay the full premium for the subject's coverage under the health plan if the requirements are applied to all insureds of the health carrier. The insurer may terminate group coverage after the continuation coverage required by this paragraph has been in force for 18 months if it offers conversion to an equivalent individual plan. The continuation of health coverage required by this paragraph shall be satisfied by any extension of coverage under part 6 of subtitle B of title I or the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or 4980B of the Internal Revenue Code of 1986 provided to a subject of abuse and is not intended to be in addition to any extension of coverage provided under part 6 of subtitle B of title I or the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or 4980B of the Internal Revenue Code of 1986. (b) Use of Information.-- (1) In general.--No person employed by or contracting with an insurer or health benefit plan may use, disclose, or transfer information relating to an applicant's or insured's abuse status or abuse-related medical condition or the applicant's or insured's status as a family member, employer, or associate, person in a relationship with a subject of abuse for any purpose unrelated to the direct provision of health care services unless such use, disclosure, or transfer is required by an order of an entity with authority to regulate insurance or an order of a court of competent jurisdiction. In addition, such a person may not disclose or transfer information relating to an applicant's or insured's location or telephone number. Nothing in this paragraph shall be construed as limiting or precluding a subject of abuse from obtaining the subject's own insurance records from an insurer. (2) Authority of subject of abuse.--A subject of abuse, at the absolute discretion of the subject of abuse, may provide evidence of abuse to an insurer for the limited purpose of facilitating treatment of an abuse-related condition or demonstrating that a condition is abuse-related. Nothing in this paragraph shall be construed as authorizing an insurer or health carrier to disregard such provided evidence. SEC. 4. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE. Insurers shall develop and adhere to written policies specifying procedures to be followed by employees, contractors, producers, agents and brokers for the purpose of protecting the safety and privacy of a subject of abuse and otherwise implementing the provisions of this Act when taking an application, investigating a claim, or taking any other action relating to a policy or claim involving a subject of abuse. SEC. 5. REASONS FOR ADVERSE ACTIONS. An insurer that takes an action that adversely affects a subject of abuse, shall advise the subject of abuse applicant or insured of the specific reasons for the action in writing. Reference to general underwriting practices or guidelines does not constitute a specific reason. SEC. 6. LIFE INSURANCE. Nothing in this Act shall be construed to prohibit a life insurer from declining to issue a life insurance policy if the applicant or prospective owner of the policy is or would be designated as a beneficiary of the policy, and if-- (1) the applicant or prospective owner of the policy lacks an insurable interest in the insured; or (2) the applicant or prospective owner of the policy is known, on the basis of police or court records, to have committed an act of abuse against the proposed insured. SEC. 7. SUBROGATION WITHOUT CONSENT PROHIBITED. Subrogation of claims resulting from abuse is prohibited without the informed consent of the subject of abuse. SEC. 8. ENFORCEMENT. (a) Federal Trade Commission.--The Federal Trade Commission shall have the power to examine and investigate any insurer to determine whether such insurer has been or is engaged in any act or practice prohibited by this Act. If the Federal Trade Commission determines an insurer has been or is engaged in any act or practice prohibited by this Act, the Commission may take action against such insurer by the issuance of a cease and desist order as if the insurer was in violation of section 5 of the Federal Trade Commission Act. Such cease and desist order may include any individual relief warranted under the circumstances, including temporary, preliminary, and permanent injunctive and compensatory relief. (b) Private Cause of Action.--An applicant or insured who believes that the applicant or insured has been adversely affected by an act or practice of an insurer in violation of this Act may maintain an action against the insurer in a Federal or State court of original jurisdiction. Upon proof of such conduct by a preponderance of the evidence, the court may award appropriate relief, including temporary, preliminary, and permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys and expert witnesses. With respect to compensatory damages, the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation. SEC. 9. EFFECTIVE DATE. This Act shall apply with respect to any action taken on or after the date of the enactment of this Act, except that section 4 shall only apply to actions taken after the expiration of 60 days after such date.

Victims of Abuse Insurance Protection Act - Prohibits insurers and health carriers from engaging in specified acts (such as denying, terminating, or limiting coverage) on the basis that the applicant or insured (or any person with whom the applicant or insured is associated) is, has been, or may be the subject of abuse involving a current or former household or family member, intimate partner, or caretaker. Prohibits insurers from using, disclosing, or transferring information about an applicant's or insured's abuse status or abuse-related medical condition for any purpose unrelated to the direct provision of health care unless required by an order of an insurance regulatory entity or a court order. Prohibits disclosure or transfer of an applicant's or insured's location or telephone number. Requires insurers to develop and follow written procedures to protect the safety and privacy of an abuse subject. Requires an insurer that takes any adverse action regarding an abuse subject to advise the individual of the specific reasons for the action. Prohibits subrogation of claims resulting from abuse without the consent of the abuse subject. Empowers the Federal Trade Commission to examine and investigate any insurer regarding compliance with this Act. Provides for a private cause of action against an insurer in Federal or State court by an abuse subject applicant or insured claiming to be adversely affected by an act or practice of the insurer.

Victims of Abuse Insurance Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Christopher and Dana Reeve Quality of Life for Persons with Paralysis Act''. SEC. 2. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may study the unique health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities. The Secretary may carry out such projects directly and through awards of grants or contracts. (b) Certain Activities.--Activities under subsection (a) may include-- (1) the development of a national paralysis and physical disability quality-of-life action plan, to promote health and wellness in order to enhance full participation, independent living, self-sufficiency, and equality of opportunity in partnership with voluntary health agencies focused on paralysis and other physical disabilities, to be carried out in coordination with the State-based Comprehensive Paralysis and Other Physical Disability Quality of Life Program of the Centers for Disease Control and Prevention; (2) support for programs to disseminate information involving care and rehabilitation options and quality-of-life grant programs supportive of community-based programs and support systems for persons with paralysis and other physical disabilities; (3) in collaboration with other centers and national voluntary health agencies, the establishment of a hospital- based registry, and the conduct of relevant population-based research, on motor disability (including paralysis); and (4) the development of comprehensive, unique, and innovative programs, services, and demonstrations within existing State-based disability and health programs of the Centers for Disease Control and Prevention which are designed to support and advance quality-of-life programs for persons living with paralysis and other physical disabilities focusing on-- (A) caregiver education; (B) physical activity; (C) education and awareness programs for health care providers; (D) prevention of secondary complications; (E) home- and community-based interventions; (F) coordination of services and removal of barriers that prevent full participation and integration into the community; and (G) recognition of the unique needs of underserved populations. (c) Grants.--In carrying out subsection (a), the Secretary may award grants in accordance with the following: (1) To State and local health and disability agencies for the purpose of-- (A) establishing paralysis registries for the support of relevant population-based research; (B) developing comprehensive paralysis and other physical disability action plans and activities focused on the items listed in subsection (b)(4); (C) assisting State-based programs in establishing and implementing partnerships and collaborations that maximize the input and support of people with paralysis and other physical disabilities and their constituent organizations; (D) coordinating paralysis and physical disability activities with existing State-based disability and health programs; (E) providing education and training opportunities and programs for health professionals and allied caregivers; and (F) developing, testing, evaluating, and replicating effective intervention programs to maintain or improve health and quality of life. (2) To nonprofit private health and disability organizations for the purpose of-- (A) disseminating information to the public; (B) improving access to services for persons living with paralysis and other physical disabilities and their caregivers; (C) testing model intervention programs to improve health and quality of life; and (D) coordinating existing services with State-based disability and health programs. (d) Coordination of Activities.--The Secretary shall ensure that activities under this section are coordinated as appropriate with other activities of the Public Health Service. (e) Report to Congress.--Not later than December 1, 2007, the Secretary shall submit to the Congress a report describing the results of the study under subsection (a) and, as applicable, the national plan developed under subsection (b)(1). (f) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated in the aggregate $25,000,000 for the fiscal years 2007 through 2010. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) as science and research have advanced, so too has the need to increase strategic planning across the National Institutes of Health to identify research that is important to the advancement of biomedical science; and (2) research involving collaboration among the national research institutes and national centers of the National Institutes of Health is crucial for advancing research on paralysis and thereby improving rehabilitation and the quality of life for persons living with paralysis and other physical disabilities. Passed the House of Representatives December 9 (legislative day, December 8), 2006. Attest: KAREN L. HAAS, Clerk.

Christopher and Dana Reeve Quality of Life for Persons with Paralysis Act - Permits the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to study the health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve the quality of life and long-term health status of individuals with such conditions. Provides that such activities may include: (1) development of a national paralysis and physical disability quality-of-life action plan; (2) support for programs to disseminate information involving care and rehabilitation options and quality-of-life grant programs; (3) establishment of a hospital-based registry and the conduct of relevant population-based research on motor disability; and (4) development of programs, services, and demonstrations designed to support and advance quality-of-life programs for persons living with paralysis and other physical disabilities. Allows the Secretary to award grants for activities related to paralysis, including to: (1) establish paralysis registries; (2) develop comprehensive paralysis and other physical disability action plans; (3) coordinate paralysis and physical disability activities with existing state-based disability and health programs; (4) provide education and training for health professionals and allied caregivers; (5) develop, test, evaluate, and replicate effective intervention programs to maintain and improve health and quality of life; (6) disseminate information to the public; (7) improve access to services for persons living with paralysis and other physical disabilities and their caregivers; and (8) test model intervention programs to improve health and quality of life. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of Congress that: (1) as science and research have advanced, so too has the need to increase strategic planning across the National Institutes of Health (NIH) to identify research that is important to the advancement of biomedical science; and (2) research involving collaboration among NIH national research institutes and national centers is crucial for advancing research on paralysis.

To enhance and further research into paralysis and to improve rehabilitation and the quality of life for persons living with paralysis and other physical disabilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Volcano Early Warning and Monitoring System Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (2) System.--The term ``System'' means the National Volcano Early Warning and Monitoring System established under section 3(a)(1). SEC. 3. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM. (a) Establishment.-- (1) In general.--The Secretary shall establish within the United States Geological Survey a system, to be known as the ``National Volcano Early Warning and Monitoring System'', to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity. (2) Purposes.--The purposes of the System are-- (A) to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States, which include the Alaska Volcano Observatory, California Volcano Observatory, Cascades Volcano Observatory, Hawaiian Volcano Observatory, Yellowstone Volcano Observatory, and other volcano observatories established under subsection (d); and (B) to unify the monitoring systems of volcano observatories in the United States into a single interoperative system. (3) Objective.--The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by-- (A) upgrading existing networks on monitored volcanoes; (B) installing new networks on unmonitored volcanoes; and (C) employing geodetic and other components when applicable. (b) System Components.-- (1) In general.--The System shall include-- (A) a national volcano watch office that is operational 24 hours a day and 7 days a week; (B) a national volcano data center; and (C) an external grants program to support research in volcano monitoring science and technology. (2) Modernization activities.--Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous Global Positioning System receivers, satellite and airborne radar interferometry, acoustic pressure sensors, and spectrometry to measure gas emissions. (c) Management.-- (1) Management plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a 5-year management plan for establishing and operating the System. (B) Inclusions.--The management plan submitted under subparagraph (A) shall include-- (i) annual cost estimates for modernization activities and operation of the System; (ii) annual milestones, standards, and performance goals; and (iii) recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources. (2) Advisory committee.--The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community, to be appointed by the Secretary. (3) Partnerships.--The Secretary may enter into cooperative agreements with institutions of higher education and State or territorial agencies designating the institutions of higher education and State or territorial agencies as volcano observatory partners for the System. (4) Coordination.--The Secretary shall coordinate the activities under this Act with the heads of relevant Federal agencies, including-- (A) the Secretary of Transportation; (B) the Administrator of the Federal Aviation Administration; (C) the Administrator of the National Oceanic and Atmospheric Administration; and (D) the Director of the Federal Emergency Management Administration. (d) Volcano Observatory in Pacific U.S. Territories.-- (1) Feasibility study.--Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study to assess the feasibility of establishing volcano observatories in Guam, the Northern Mariana Islands, and American Samoa to monitor volcanic activity across the western and southern Pacific Ocean along the Ring of Fire, including underwater volcanic activity in such region. (2) Consultation.--The Secretary shall consult with appropriate territorial and local entities in conducting the study. (3) Cooperative agreement.--If the study required by paragraph (1) determines that such observatories are feasible, then the Secretary, subject to the availability of appropriations, may enter into cooperative agreements under subsection (c)(3) with institutions of higher education or territorial agencies to establish such volcano observatories as part of the National Volcano Early Warning and Monitoring System. (e) Annual Report.--In each of fiscal years 2018 through 2024, the Secretary shall submit to Congress a report that describes the activities carried out under this Act. SEC. 4. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this Act $15,000,000 for each of fiscal years 2018 through 2024. (b) Effect on Other Sources of Federal Funding.--Amounts made available under this section shall supplement, and not supplant, Federal funds made available for other United States Geological Survey hazards activities and programs.

National Volcano Early Warning and Monitoring System Act (Sec. 3) This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity. The purposes of the system are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the system is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, (2) installing new networks on unmonitored volcanoes, and (3) employing geodetic and other components when applicable. The system shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the system, and (2) establish an advisory committee to assist in implementing the system. The USGS may enter into cooperative agreements designating institutions of higher education and state or territorial agencies as volcano observatory partners for the system. The USGS must conduct a study to assess the feasibility of establishing volcano observatories in Guam, the Northern Mariana Islands, and American Samoa to monitor volcanic activity across the western and southern Pacific Ocean along the Ring of Fire. If determined to be feasible, the USGS may enter into cooperative agreements with institutions of higher education or territorial agencies to establish such observatories as part of the National Volcano Early Warning and Monitoring System.

National Volcano Early Warning and Monitoring System Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satellite Home Viewer Act of 1994''. SEC. 2. STATUTORY LICENSE FOR SATELLITE CARRIERS. Section 119 of title 17, United States Code, is amended as follows: (1) Subsection (a)(2)(C) is amended-- (A) by striking ``90 days after the effective date of the Satellite Home Viewer Act of 1988, or''; (B) by striking ``whichever is later,''; (C) by inserting ``name and'' after ``identifying (by'' each place it appears; and (D) by striking ``, on or after the effective date of the Satellite Home Viewer Act of 1988,''. (2) Subsection (a)(5) is amended by adding at the end the following: ``(D) Burden of proof.--In any action brought under this paragraph, the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a network station is for private home viewing to an unserved household.''. (3) Subsection (b)(1)(B) is amended-- (A) in clause (i) by striking ``12 cents'' and inserting ``17.5 cents per subscriber in the case of superstations not subject to syndicated exclusivity under the regulations of the Federal Communications Commission, and 14 cents per subscriber in the case of superstations subject to such syndicated exclusivity''; and (B) in clause (ii) by striking ``3'' and inserting ``6''. (4) Subsection (c) is amended-- (A) in paragraph (1) by striking ``December 31, 1992,''; (B) in paragraph (2)-- (i) in subparagraph (A) by striking ``July 1, 1991'' and inserting ``July 1, 1996''; and (ii) in subparagraph (D) by striking ``December 31, 1994'' and inserting ``December 31, 1999, or in accordance with the terms of the agreement, whichever is later''; and (C) in paragraph (3)-- (i) in subparagraph (A) by striking ``December 31, 1991'' and inserting ``January 1, 1997''; (ii) by amending subparagraph (D) to read as follows: ``(D) Establishment of royalty fees.--In determining royalty fees under this paragraph, the Copyright Arbitration Panel shall establish fees for the retransmission of network stations and superstations that most clearly represent the fair market value of secondary transmissions. In determining the fair market value, the Panel shall base its decision on economic, competitive, and programming information presented by the parties, including-- ``(i) the competitive environment in which such programming is distributed, the cost for similar signals in similar private and compulsory license marketplaces, and any special features and conditions of the retransmission marketplace; ``(ii) the economic impact of such fees on copyright owners and satellite carriers; and ``(iii) the impact on the continued availability of secondary transmissions to the public.''; (iii) in subparagraph (E) by striking ``60'' and inserting ``180''; and (iv) in subparagraph (C)-- (I) by striking ``, or until December 31, 1994''; and (II) by inserting ``or July 1, 1997, whichever is later'' after ``section 802(g)''. (5) Subsection (a) is amended-- (A) in paragraph (5)(C) by striking ``the Satellite Home Viewer Act of 1988'' and inserting ``this section''; and (B) by adding at the end the following: ``(8) Transitional signal intensity measurement procedures.-- ``(A) In general.--Subject to subparagraph (C), upon a challenge by a network station regarding whether a subscriber is an unserved household within the predicted Grade B Contour of the station, the satellite carrier shall, within 60 days after the receipt of the challenge-- ``(i) terminate service to that household of the signal that is the subject of the challenge, and within 30 days thereafter notify the network station that made the challenge that service to that household has been terminated; or ``(ii) conduct a measurement of the signal intensity of the subscriber's household to determine whether the household is an unserved household after giving reasonable notice to the network station of the satellite carrier's intent to conduct the measurement. ``(B) Effect of measurement.--If the satellite carrier conducts a signal intensity measurement under subparagraph (A) and the measurement indicates that-- ``(i) the household is not an unserved household, the satellite carrier shall, within 60 days after the measurement is conducted, terminate the service to that household of the signal that is the subject of the challenge, and within 30 days thereafter notify the network station that made the challenge that service to that household has been terminated; or ``(ii) the household is an unserved household, the station challenging the service shall reimburse the satellite carrier for the costs of the signal measurement within 60 days after receipt of the measurement results and a statement of the costs of the measurement. ``(C) Limitation on measurements.--(i) Notwithstanding subparagraph (A), a satellite carrier may not be required to conduct signal intensity measurements during any calendar year in excess of 5 percent of the number of subscribers within the network station's local market that have subscribed to the service as of the effective date of the Satellite Home Viewer Act of 1994. ``(ii) If a network station challenges whether a subscriber is an unserved household in excess of 5 percent of the subscribers within the network's station local market within a calendar year, subparagraph (A) shall not apply to challenges in excess of such 5 percent, but the station may conduct its own signal intensity measurement of the subscriber's household after giving reasonable notice to the satellite carrier of the network station's intent to conduct the measurement. If such measurement indicates that the household is not an unserved household, the carrier shall, within 60 days after receipt of the measurement, terminate service to the household of the signal that is the subject of the challenge and within 30 days thereafter notify the network station that made the challenge that service has been terminated. The carrier shall also, within 60 days after receipt of the measurement and a statement of the costs of the measurement, reimburse the network station for the cost it incurred in conducting the measurement. ``(D) Outside the predicted grade b contour.--(i) If a network station challenges whether a subscriber is an unserved household outside the predicted Grade B Contour of the station, the station may conduct a measurement of the signal intensity of the subscriber's household to determine whether the household is an unserved household after giving reasonable notice to the satellite carrier of the network station's intent to conduct the measurement. ``(ii) If the network station conducts a signal intensity measurement under clause (i) and the measurement indicates that-- ``(I) the household is not an unserved household, the station shall forward the results to the satellite carrier who shall, within 60 days after receipt of the measurement, terminate the service to the household of the signal that is the subject of the challenge, and shall reimburse the station for the costs of the measurement within 60 days after receipt of the measurement results and a statement of such costs; or ``(II) the household is an unserved household, the station shall pay the costs of the measurement. ``(9) Loser pays for signal intensity measurement; recovery of measurement costs in a civil action.--In any civil action filed relating to the eligibility of subscribing households as unserved households-- ``(A) a network station challenging such eligibility shall, within 60 days after receipt of the measurement results and a statement of such costs, reimburse the satellite carrier for any signal intensity measurement that is conducted by that carrier in response to a challenge by the network station and that establishes the household is an unserved household; and ``(B) a satellite carrier shall, within 60 days after receipt of the measurement results and a statement of such costs, reimburse the network station challenging such eligibility for any signal intensity measurement that is conducted by that station and that establishes the household is not an unserved household. ``(10) Inability to conduct measurement.--If a network station makes a reasonable attempt to conduct a site measurement of its signal at a subscriber's household and is denied access for the purpose of conducting the measurement, and is otherwise unable to conduct a measurement, the satellite carrier shall within 60 days notice thereof, terminate service of the station's network to that household.''. (6) Subsection (d) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) Network station.--The term `network station' means-- ``(A) a television broadcast station, including any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station, that is owned or operated by, or affiliated with, one or more of the television networks in the United States which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in 10 or more States; or ``(B) a noncommercial educational broadcast station (as defined in section 397 of the Communications Act of 1934).''; (B) in paragraph (6) by inserting ``and operates in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations'' after ``Commission''; and (C) by adding at the end the following: ``(11) Local market.--The term `local market' means the area encompassed within a network station's predicted Grade B contour as that contour is defined by the Federal Communications Commission.''. SEC. 3. DEFINITIONS. (a) Cable System.--Section 111(f) of title 17, United States Code, is amended in the paragraph relating to the definition of ``cable system'' by inserting ``microwave,'' after ``wires, cables,''. (b) Local Service Area.--Section 111(f) of title 17, United States Code, is amended in the paragraph relating to the definition of ``local service area of a primary transmitter'' by inserting after ``April 15, 1976,'' the following: ``or such station's television market as defined in section 76.55(e) of title 47, Code of Federal Regulations (as in effect on September 18, 1993), or any modifications to such television market made, on or after September 18, 1993, pursuant to section 76.55(e) or 76.59 of title 47 of the Code of Federal Regulations,''. SEC. 4. TERMINATION. (a) Expiration of Amendments.--Section 119 of title 17, United States Code, as amended by section 2 of this Act, ceases to be effective on December 31, 1999. (b) Conforming Amendment.--Section 207 of the Satellite Home Viewer Act of 1988 (17 U.S.C. 119 note) is repealed. SEC. 5. LIMITATION. The amendments made by this section apply only to section 119 of title 17, United States Code. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as provided in subsections (b) and (d), this Act and the amendments made by this Act take effect on the date of the enactment of this Act. (b) Burden of Proof Provisions.--The provisions of section 119(a)(5)(D) of title 17, United States Code (as added by section 2(2) of this Act) relating to the burden of proof of satellite carriers, shall take effect on January 1, 1997, with respect to civil actions relating to the eligibility of subscribers who subscribed to service as an unserved household before the date of the enactment of this Act. (c) Transitional Signal Intensity Measurement Procedures.--The provisions of section 119(a)(8) of title 17, United States Code (as added by section 2(5) of this Act), relating to transitional signal intensity measurements, shall cease to be effective on December 31, 1996. (d) Local Service Area of a Primary Transmitter.--The amendment made by section 3(b), relating to the definition of the local service area of a primary transmitter, shall take effect on July 1, 1994. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Satellite Home Viewer Act of 1994 - Amends copyright law with respect to satellite carrier compulsory licenses to require the subscriber information list submitted by a satellite carrier that makes secondary transmissions of a primary transmission by a network station to include the names of the subscribers. Provides that in any action relating to the violation of territorial restrictions on statutory license for network stations the satellite carrier shall have the burden of proving that its secondary transmission is for private home viewing to an unserved household. Revises: (1) the formula used by the satellite carrier to compute the royalty fee to be deposited semiannually with the Register of Copyrights to increase the fees for secondary transmissions subject to statutory licensing; and (2) dates and procedures regarding the adjustment of such royalty fee. Requires a copyright royalty arbitration panel, in determining such fees, to establish fees for the retransmission of network stations and superstations that most clearly represent the fair market value of secondary transmissions. Directs the panel to base its decision upon economic, competitive, and programming information presented by the parties, including: (1) the competitive environment in which such programming is distributed, the cost for similar signals in similar private and compulsory license marketplaces, and any special features and conditions of the retransmission marketplace; (2) the economic impact of such fees on copyright owners and satellite carriers; and (3) the impact on the continued availability of secondary transmissions to the public Provides that, upon a challenge by a network station regarding whether a subscriber is an unserved household, a satellite carrier shall terminate service to the household and notify the network station of such termination or conduct a measurement of the signal intensity of the subscribers's household, after notifying the network station, to determine whether the household is unserved and, if so, terminate service. Requires the challenging station to reimburse a carrier for any signal intensity measurement that indicates the household is an unserved household. Revises the definition of a "network station" for purposes of cable and satellite carrier compulsory license provisions to be: (1) a television broadcast station owned or operated by, or affiliated with, one or more of the U.S. television networks which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in ten or more States; or (2) any noncommercial educational station. Revises the definition of: (1) "satellite carrier" to specify that such a carrier operates in the Fixed Satellite Service or the Direct Broadcast Satellite Service; (2) "cable system" to include a facility that makes secondary transmissions of broadcast signals by microwave cables; and (3) "local service area of a primary transmitter" (in the case of a television broadcast station) to comprise either the area of which such station is entitled to insist upon its signal being retransmitted by a cable system pursuant to the rules, regulations, and authorizations of the Federal Communications Commission in effect on April 15, 1976, such station's television market (as in effect on September 18, 1993), or any subsequent modifications to such television market. (Sec. 4) Terminates the provisions of section 2 of this Act on December 31, 1999.

Satellite Home Viewer Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Ecology Protection Act of 2003''. SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED. (a) In General.--Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--The Secretary of Transportation shall issue regulations to prevent the introduction and spread of aquatic nuisance species within the Great Lakes. ``(2) Contents of the regulations.--The regulations required by paragraph (1) shall-- ``(A) ensure to the maximum extent practicable that ballast water containing aquatic nuisance species is not discharged into the Great Lakes; ``(B) protect the safety of each vessel, its crew, and passengers, if any; ``(C) apply to all vessels capable of discharging ballast water, whether equipped with ballast water tank systems or otherwise, that enter the Great Lakes after operating on waters beyond the exclusive economic zone; ``(D) require such vessels to-- ``(i) carry out any discharge or exchange of ballast water before entering the Great Lakes; or ``(ii) carry out any discharge or exchange of ballast water within the Great Lakes only in compliance with the regulations; ``(E) take into consideration different vessel operating conditions; ``(F) require the use of environmentally sound treatment methods for ballast water and ballast sediments in preventing and controlling infestations of aquatic nuisance species; ``(G) provide for certification by the master of each vessel entering the Great Lakes that such vessel is in compliance with the regulations; ``(H) assure compliance through-- ``(i) sampling procedures; ``(ii) inspection of records; and ``(iii) imposition of sanctions in accordance with subsection (g)(1); ``(I) be based on the best scientific information available; ``(J) not supersede or adversely affect any requirement or prohibition pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(K) include such other matters as the Secretary considers appropriate.''. (b) Treatment Methods Defined.--Section 1003 of such Act (16 U.S.C. 4702) is amended by-- (1) redesignating paragraphs (13), (14), (15), (16), and (17) in order as paragraphs (14), (15), (16), (17), and (18); and (2) inserting after paragraph (12) the following: ``(13) `treatment methods' means the treatment of the contents of ballast water tanks, including the sediments within such tanks, to remove or destroy living biological organisms through-- ``(A) filtration; ``(B) the application of biocides or ultraviolet light; ``(C) thermal methods; or ``(D) other treatment techniques approved by the Secretary;''. (c) Maximizing Public Participation in the Formulation of Required Regulations.--The Secretary of Transportation shall maximize public participation in the issuance of regulations required by the amendment made by subsection (a), by-- (1) publishing an advance notice of proposed rulemaking; (2) publishing the advance notice of proposed rulemaking and the proposed rule through means designed to reach persons likely to be subject to or affected by the regulations; (3) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; (4) providing not less than 120 days for public comment on the proposed rule; (5) providing for an effective date that is not less than 30 days after the date of publication of the final rule; and (6) such other means as the Secretary considers appropriate. (d) Required Regulatory Schedule.-- (1) Issuance of advance notice of proposed rulemaking.-- (A) In general.--The Secretary shall issue an advance notice of proposed rulemaking for the regulations required by the amendment made by subsection (a) within 120 days after the date of enactment of this Act. (B) Timetable for implementation.--The advanced notice of proposed rulemaking shall contain a detailed timetable for-- (i) the implementation of treatment methods determined to be technologically available and cost-effective at the time of the publication of the advanced notice of proposed rulemaking; and (ii) the development, testing, evaluation, approval, and implementation of additional technologically innovative treatment methods. (2) Issuance of final regulations.--The Secretary shall issue final regulations-- (A) with respect to the implementation of treatment methods referred to in paragraph (1)(B)(i), by not later than 270 days after the date of enactment of this Act; and (B) with respect to the additional technologically innovative treatment methods referred to in paragraph (1)(B)(ii), by not later than the earlier of-- (i) the date established by the timetable under paragraph (1)(B) for implementation of such methods; or (ii) 720 days after the date of enactment of this Act.

Great Lakes Ecology Protection Act of 2003 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of Transportation to issue regulations to: (1) prevent the introduction and spread of aquatic nuisance species within the Great Lakes; and (2) among other things require the use of environmentally sound treatment methods for ballast water and ballast sediments in preventing and controlling infestations of such species.Requires the Secretary to maximize public participation in proposed rulemaking with respect to such regulations.

To require the issuance of regulations pursuant to the National Invasive Species Act of 1996 to assure, to the maximum extent practicable, that vessels entering the Great Lakes do not discharge ballast water that introduces or spreads nonindigenous aquatic species and treat such ballast water and its sediments through the most effective and efficient techniques available, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Washington National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the National Heritage Area designated by section 3(d). (2) Management plan.--The term ``management plan'' means the management plan for the National Heritage Area required under section 4. (3) Map.--The term ``map'' means the map entitled ``Maritime Washington National Heritage Area Proposed Boundary'', numbered 584/125,484, and dated August 2014. (4) National heritage area.--The term ``National Heritage Area'' means the Maritime Washington National Heritage Area established by section 3(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Washington. SEC. 3. MARITIME WASHINGTON NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Maritime Washington National Heritage Area. (b) Boundaries.-- (1) In general.--The National Heritage Area shall consist of land located in the counties of Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor in the State that is at least partially located within the area that is \1/4\-mile landward of the shoreline, as generally depicted on the map. (2) Revision.--The boundaries of the National Heritage Area established under paragraph (1) may be revised if the revision is-- (A) proposed in the management plan; (B) approved by the Secretary in accordance with section 4; and (C) placed on file in accordance with subsection (c). (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of-- (1) the National Park Service; and (2) the local coordinating entity. (d) Local Coordinating Entity.--The Washington Trust for Historic Preservation shall be the local coordinating entity for the National Heritage Area. SEC. 4. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the National Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the National Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of-- (i) the resources located in the National Heritage Area; and (ii) any other property in the National Heritage Area that-- (I) is related to the themes of the National Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies and recommendations for the conservation, funding, management, and development of the National Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, cultural, and historical resources of the National Heritage Area; (D) a program of implementation for the management plan by the local coordinating entity that includes a description of-- (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation of the National Heritage Area; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which Federal, State, and local programs may best be coordinated to carry out this section, including a description of the role of the National Park Service in the National Heritage Area; and (G) an interpretive plan for the National Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historical, scenic, recreational, and educational resources of the National Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary receives and approves the management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the National Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, and historical resources of the National Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the local coordinating entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (4) Amendments.-- (A) In general.--The Secretary shall approve or disapprove each amendment to the management plan that makes a substantial change to the management plan, as determined by the Secretary. (B) Use of funds.--The local coordinating entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the date on which the Secretary has approved the amendments. SEC. 5. ADMINISTRATION. (a) Authorities.--For purposes of implementing the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under section 9-- (1) to make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (2) to enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection and heritage programming; (4) to obtain money or services from any source, including any money or services that are provided under any other Federal law or program; (5) to contract for goods or services; and (6) to undertake to be a catalyst for any other activity that-- (A) furthers the purposes of the National Heritage Area; and (B) is consistent with the approved management plan. (b) Duties.--The local coordinating entity shall-- (1) in accordance with section 4, prepare and submit a management plan to the Secretary; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the National Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the National Heritage Area; (C) developing recreational and educational opportunities in the National Heritage Area; (D) increasing public awareness of, and appreciation for, natural, cultural, historical, and scenic resources of the National Heritage Area; (E) identifying and restoring historic sites and buildings in the National Heritage Area that are consistent with National Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the National Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the National Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the National Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) for any year for which Federal funds have been received under this section-- (A) submit to the Secretary an annual report that describes the activities, expenses, and income of the local coordinating entity (including grants from the local coordinating entity to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage, by appropriate means, economic viability that is consistent with the National Heritage Area. (c) Prohibition on the Acquisition of Real Property.--The local coordinating entity shall not use Federal funds made available under section 9 to acquire real property or any interest in real property. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity, to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the National Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area; (2) requires any property owner-- (A) to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency; (4) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) alters, modifies, diminishes, or extinguishes the treaty rights of any Indian tribe within the National Heritage Area; (6)(7) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or (7)(8) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. EVALUATION AND REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the National Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of the National Heritage Area; and (B) achieving the goals and objectives of the management plan; (2) analyze the investments of Federal, State, tribal, and local government and private entities in the National Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (c) Report.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service with respect to the National Heritage Area. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year. (b) Availability.--Amounts made available under subsection (a) shall remain available until expended. (c) Cost-Sharing Requirement.-- (1) In general.--The Federal share of the total cost of any activity carried out under this Act shall be not more than 50 percent. (2) Form.--The non-Federal share of the total cost of any activity carried out under this Act may be in the form of in- kind contributions of goods or services fairly valued. (d) Termination of Authority.--The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Maritime Washington National Heritage Area Act (Sec. 3) This bill establishes the Maritime Washington National Heritage Area in the state of Washington. The Washington Trust for Historic Preservation shall be the local coordinating entity for the Heritage Area, and shall prepare and submit a management plan for it. (Sec. 5) The Washington Trust for Historic Preservation shall not use federal funds made available under this bill for the acquisition of real property or any interests in real property. (Sec. 7) The bill makes specific disclaimers relating to private property and federal, state, local, and tribal regulatory protections. Nothing in this bill alters, modifies, diminishes, or extinguishes any Indian tribe's treaty rights within the Heritage Area. (Sec. 9) The bill authorizes appropriations. The federal cost share of any activity carried out under this bill shall be 50% of its total cost. The authority of the Department of the Interior to furnish assistance under this bill terminates 15 years after enactment.

Maritime Washington National Heritage Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hate Crimes Prevention Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the incidence of violence motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of the victim poses a serious national problem; (2) such violence disrupts the tranquility and safety of communities and is deeply divisive; (3) existing Federal law is inadequate to address this problem; (4) such violence affects interstate commerce in many ways, including-- (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment or participating in other commercial activity; (5) perpetrators cross State lines to commit such violence; (6) instrumentalities of interstate commerce are used to facilitate the commission of such violence; (7) such violence is committed using articles that have traveled in interstate commerce; (8) violence motivated by bias that is a relic of slavery can constitute badges and incidents of slavery; (9) although many local jurisdictions have attempted to respond to the challenges posed by such violence, the problem is sufficiently serious, widespread, and interstate in scope to warrant Federal intervention to assist such jurisdictions; and (10) many States have no laws addressing violence based on the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability, of the victim, while other States have laws that provide only limited protection. SEC. 3. DEFINITION OF HATE CRIME. In this Act, the term ``hate crime'' has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note). SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE. Section 245 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c)(1) Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person-- ``(A) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both if-- ``(i) death results from the acts committed in violation of this paragraph; or ``(ii) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2)(A) Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived religion, gender, sexual orientation, or disability of any person-- ``(i) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both, if-- ``(I) death results from the acts committed in violation of this paragraph; or ``(II) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce; or ``(ii) the offense is in or affects interstate or foreign commerce.''. SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION. (a) Amendment of Federal Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes. (b) Consistency With Other Guidelines.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) avoid duplicative punishments for substantially the same offense. SEC. 6. GRANT PROGRAM. (a) Authority To Make Grants.--The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 1998, 1999, and 2000 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 245 of title 18, United States Code (as amended by this Act).

Hate Crimes Prevention Act of 2001 - Amends the Federal criminal code to set penalties for willfully causing bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempting to cause such injury, whether or not acting under color of law, because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person, where the offense is in or affects interstate or foreign commerce.Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, to amend the Federal sentencing guidelines to provide sentencing enhancements for such an offense.Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles.Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.

To enhance Federal enforcement of hate crimes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Children Learn Act''. SEC. 2. ASTHMA, VISION, AND HEARING SCREENING FOR EARLY HEAD START AND HEAD START PROGRAMS. (a) Early Head Start Programs.--Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended by adding at the end the following: ``(h) Asthma, Vision, and Hearing Screening.-- ``(1) In general.--An entity that receives assistance under this section may carry out a program under which the entity-- ``(A) determines whether a child eligible to participate in the program described in subsection (a)(1) has received each of an asthma, vision, and hearing screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the program; and ``(B) in the case of a child who has not received each of an asthma, and vision, and hearing screening test, ensures that the enrolled child receives such a test either by referral or by performing the test (under contract or otherwise). ``(2) Reimbursement.-- ``(A) In general.--On the request of an entity that performs or arranges for the performance of an asthma, vision, or hearing screening test under paragraph (1) on a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, title XIX of the Social Security Act, shall reimburse the entity, from funds that are made available under that title, for 100 percent of the cost of the test and data reporting. ``(B) Costs.--The costs of a test conducted under this subsection-- ``(i) shall include reimbursement for testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353 of the Public Health Service Act (42 U.S.C. 263a); and ``(ii) shall include reimbursement for administering the tests and related services, as determined appropriate by the State agency. ``(3) Head start.--This subsection shall apply to Head Start programs that include coverage, directly or indirectly, for infants and toddlers under the age of 3 years.''. (b) Head Start Programs.--Section 642(b) of the Head Start Act (42 U.S.C. 9837(b)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(12) with respect to an agency that elects to carry out a program under section 645(h), comply with the requirements of such section 645A(h) in the case of each child eligible to participate in the Head Start program to be carried out by the agency.''. SEC. 3. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 320B. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. ``(a) Grants.--The Secretary shall award grants to eligible local educational agencies to enable such agencies to carry out asthma, vision, hearing, or other health screening and case management programs determined appropriate by the Secretary in accordance with the program elements described in subsection (d). ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to local educational agencies serving schools that are located in areas with a high incidence of childhood asthma or a high death rate associated with childhood asthma. ``(d) Program Elements.-- ``(1) Asthma.--Under an asthma program operated under a grant under this section, a local educational agency shall-- ``(A) determine whether a child enrolled in a school in which the program is in effect has received an asthma screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the school; ``(B) in the case of a child who has not received an asthma screening test, ensure that the child receives such a test either by referral or by performing the test (under contract or otherwise); and ``(C) in the case of a child determined to have asthma, provide treatment or refer the child for treatment (including case management) and education in the management of asthma. ``(2) Vision and hearing.--Under a vision and hearing program operated under a grant under this section, a local educational agency shall-- ``(A) elect to provide vision and hearing screening tests-- ``(i) to all children enrolled in a school who are most likely to suffer from vision or hearing loss; or ``(ii) to all children enrolled in a school; ``(B) ensure that the category of children elected under subparagraph (A) receive such tests, either by referral or by performing the test (under contract or otherwise), that are appropriate for the age and risk factors of the children, based on the enrollment of the children in the school; and ``(C) in the case of any child determined to have a vision or hearing impairment, provide the child with such eyewear and hearing aids as are appropriate to correct the child's vision or hearing, to the extent that such correction is feasible. ``(3) Other health screening programs.--The Secretary shall determine the program elements that shall be applicable to other health screening programs operated under a grant under this section. ``(e) Reimbursement.-- ``(1) Children enrolled in or eligible for medicaid.-- ``(A) In general.--With respect to a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and who receives, or is provided, a test, treatment, education, corrective eyewear, or hearing aid under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XIX, including the payment limitation commonly known as the `free care rule', shall reimburse the local educational agency administering such program from funds that are made available under such title XIX for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs of a test conducted under this section shall include reimbursement for-- ``(i) testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353; and ``(ii) administering the tests and related services, as determined appropriate by the State agency responsible for the administration of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ``(2) Children enrolled in or eligible for schip.-- ``(A) In general.--With respect to a child who is eligible for or receiving child health assistance under a State plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) and who receives, or is provided, a test, treatment, education, corrective eyewear, or hearing aid under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XXI, or any other provision of law (including the payment limitation under title XIX commonly known as the `free care rule' to the extent, if any, such limitation applies to the State children's health insurance program established under title XXI of that Act), shall reimburse the local educational agency administering such program from funds that are made available under such title XXI for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs shall include the costs described in paragraph (1)(B). ``(f) Definitions.--In this section, the terms `local educational agency' and `elementary and secondary school' shall have the meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section with respect to a child, and any data reporting with respect to the child, who is not eligible for coverage under title XIX or XXI of the Social Security Act, or is not otherwise covered under a health insurance plan-- ``(1) $10,000,000 for each of fiscal years 2002 through 2007 to carry out asthma programs; ``(2) $10,000,000 for each of fiscal years 2002 through 2007 to carry out vision and hearing programs; and ``(3) such sums as may be necessary for each of fiscal years 2002 through 2007 to carry out other health screening programs. ``(h) Evaluations.--Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report containing data related to whether grants provided under this section have ensured that children at the highest risk for asthma, vision, hearing, and other health problems are identified and treated.''. SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN ELIGIBLE UNDER MEDICAID OR SCHIP. (a) Medicaid.--Section 1903(c) of the Social Security Act (42 U.S.C. 1396b(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following: ``(2) Nothing in this title or any other provision of law, including the payment limitation commonly known as the `free care rule', shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for medical assistance for covered services furnished to a child who is eligible for or receiving medical assistance under the State plan and who receives an asthma, vision, hearing, or other health screening test, or is provided treatment, education in disease management, corrective eyewear, or hearing aids, through a public elementary or secondary school, whether directly or indirectly, and regardless of whether the school participates in a program established under subsection (a) or (b) of section 1120C of the Elementary and Secondary Education Act of 1965.''. (b) SCHIP.--Section 2105 of the Social Security Act (42 U.S.C.1397ee) is amended by adding at the end the following: ``(g) Required Payment for Certain School-Based Services.--Nothing in this title or any other provision of law (including the payment limitation under title XIX commonly known as the `free care rule' to the extent, if any, such limitation applies to the program established under this title), shall be construed as prohibiting or restricting, or authorizing the Secretary to prohibit or restrict, payment under subsection (a) for child health assistance for covered services furnished to a child who is eligible for or receiving such assistance under the State plan and who receives an asthma, vision, or hearing screening test, or other health screening test that is available to children receiving assistance under the State plan, or is provided treatment, education in disease management, corrective eyewear, or hearing aids through a public elementary or secondary school, whether directly or indirectly, and regardless of whether the school participates in a program established under subsection (a) or (b) of section 1120C of the Elementary and Secondary Education Act of 1965.''.

Healthy Children Learn Act - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma, vision, and hearing screening programs.Amends the Public Health Service Act to direct the Secretary Of Health and Human Services to award grants to local educational agencies for asthma, vision, hearing, and other health screening programs for public school children.Amends the Social Security Act to state that nothing under such Act or other law shall be construed as prohibiting or restricting Medicaid or school-based assistance for children receiving asthma, vision, hearing, or other health screening tests.

A bill to ensure that children at highest risk for asthma, vision, hearing, and other health problems are identified and treated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Advancement of Women in the Science and Engineering Work Forces Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) despite a consistently high presence of women in the professional and total work forces of the United States, women continue to be underrepresented in the science and engineering work forces; (2) women scientists and engineers have higher rates of unemployment and underemployment than their male counterparts, although the number of women receiving degrees in scientific and engineering disciplines has increased since 1981; (3) artificial barriers exist in the recruitment, retention, and advancement of women in the science and engineering work forces; (4) academia, industry, and government are increasingly aware of the necessity of and the advantages derived from diverse science and engineering work forces; (5) initiatives of the White House Task Force on Women, Minorities, and the Handicapped in Science and Technology and of the Federal Coordinating Council on Science, Engineering, and Technology have been instrumental in raising public awareness of-- (A) the underrepresentation of women in the science and engineering work forces; and (B) the desirability of eliminating artificial barriers to the recruitment, retention, and advancement of women in such work forces; and (6) the establishment of a commission to examine issues raised by these initiatives would help to-- (A) focus greater attention on the importance of eliminating artificial barriers to the recruitment, retention, and advancement of women in the science and engineering work forces and in all employment sectors of the United States; (B) promote work force diversity; and (C) encourage the replication of successful recruitment and retention programs by universities, corporations, and Federal agencies having difficulties in employing women scientists and engineers. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Commission on the Advancement of Women in the Science and Engineering Work Forces'' (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTY OF COMMISSION. The Commission shall conduct a study to-- (1) identify the number of women in the United States in the science and engineering work forces, and the specific types of occupations in such workforces in which women scientists and engineers are underrepresented; (2) examine the preparedness of women to-- (A) pursue careers in the science and engineering work forces; and (B) advance to positions of greater responsibility within academia, industry, and government; (3) describe the practices and policies of employers and labor unions relating to the recruitment, retention, and advancement of women scientists and engineers; (4) identify the opportunities for, and artificial barriers to, the recruitment, retention, and advancement of women scientists and engineers in academia, industry, and government; (5) describe the employment situations in which the recruitment, retention, and advancement of women scientists and engineers are comparable to their male counterparts, and identify those situations in which such comparability does not exist; (6) compile a synthesis of available research on practices, policies, and programs that have successfully led to the recruitment, retention, and advancement of women in the science and engineering work forces, including training programs, rotational assignments, developmental programs, reward programs, employee benefit structures, and family leave policies; (7) examine such other issues and information relating to the advancement of women in the science and engineering work forces as determined by the Commission to be appropriate; and (8) issue recommendations that government (including Congress and appropriate Federal agencies), academia, and private industry can follow to assist in the recruitment, retention, and advancement of women in science and engineering. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 18 members as follows: (1) 5 members appointed by the President. (2) 3 members appointed jointly by the Speaker of the House of Representatives and the majority leader of the Senate. (3) 1 member appointed by the majority leader of the House of Representatives. (4) 1 member appointed by the minority leader of the House of Representatives. (5) 1 member appointed by the majority leader of the Senate. (6) 1 member appointed by the minority leader of the Senate. (7) 2 Members of the House of Representatives, appointed jointly by the majority leader and the minority leader of the House of Representatives. (8) 2 Senators appointed jointly by the majority leader and the minority leader of the Senate. (9) The Director of the Office of Science and Technology Policy. (b) Additional Qualifications.--Initial appointments shall be made under subsection (a) not later than 180 days after the date of the enactment of this Act. In making each appointment under subsection (a), the appointing authority shall consider (among other factors) whether the individual-- (1) is a member of an organization representing women and minorities; (2) holds executive management or senior decision-making positions in any business entity; and (3) possesses academic expertise or other recognized abilities relating to employment and employment discrimination issues. (c) Political Affiliation.--Not more than \1/2\ of the members may be of the same political party. (d) Continuation of Membership.--If a member was appointed to the Commission because the member was an officer or employee of any government and later ceases to be such an officer or employee, that member may continue as a member of the Commission for not longer than the 60-day period beginning on the date the member ceases to be such an officer or employee. (e) Terms.-- (1) In general.--Each Member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), each member of the Commission shall receive compensation at the daily equivalent of the maximum rate of pay payable under section 5376 of title 5, United States Code, for each day the member is engaged in the performance of duties for the Commission, including attendance at meetings and conferences of the Commission, and travel to conduct the duties of the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (g) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (i) Chairperson.--The Director of the Office of Science and Technology Policy shall serve as the Chairperson of the Commission. (j) Meetings.-- (1) Meetings prior to completion of report.--The Commission shall meet not fewer than 5 times in connection with and pending the completion of the reports described in subsections (a) and (b) of section 8. The Commission shall hold additional meetings for such purpose if the Chairperson or a majority of the members of the Commission requests the additional meetings in writing. (2) Meetings after completion of report.--The Commission shall meet at least once, but not more than twice after the completion of the report described in section 8(b), in connection with and pending completion of the report required by section 8(c). (k) Employment Status.--A member of the Commission, who is not otherwise an officer or employee of the Federal Government, shall not be deemed to be an employee of the Federal Government except for the purposes of-- (1) the tort claims provisions of chapter 171 of title 28, United States Code; and (2) subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work injuries. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson. The Director shall be paid at a rate not to exceed the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (b) Staff.--Subject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of additional personnel as the Chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Contract Authority.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the purpose of conducting research or surveys necessary to enable the Commission to carry out its duties under this Act. SEC. 8. REPORTS. (a) Status Report.--Not later than 1 year after the date on which the initial appointments under section 5(a) are completed, the Commission shall submit to the President and the Congress a written report describing the current activities and findings of the Commission and the direction of the Commission. (b) Recommendation Report.--Not later than 18 months after the date on which the initial appointments under section 5(a) are completed, the Commission shall submit to the President and the Congress a written report containing-- (1) the findings and conclusions of the Commission resulting from the study conducted under section 4; and (2) recommendations, including specific proposed legislation and administrative action, based on the findings and conclusions referred to in paragraph (1). (c) Follow-Up Report.--After submission of the report required by subsection (b) and before the termination of the Commission, the Commission shall submit to the President and to the Congress a written report-- (1) identifying which of the recommendations included in such report have been implemented; and (2) containing any additional information the Commission considers to be appropriate. SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED. (a) In General.--Nothing in this Act shall be construed to require any non-Federal entity (such as a business, college, or university, foundation, or research organization) to provide information to the Commission concerning such entity's personnel policies, including, but not limited to, salaries and benefits, promotion criteria, and affirmative action plans. (b) Use of Information Obtained.--No information obtained from any entity by the Commission may be used in connection with any employment related litigation. SEC. 10. TERMINATION. The Commission shall terminate 1 year after submitting the report required by section 8(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal years 1997, 1998, and 1999 such sums as may be necessary to carry out this Act.

Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces to study and report to the Congress on the recruitment, retention, and advancement of women in the science and engineering work forces. Authorizes appropriations.

Commission on the Advancement of Women in the Science and Engineering Work Forces Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dextromethorphan Abuse Reduction Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) When used properly, cough medicines that contain dextromethorphan have a long history of being safe and effective. But abuse of dextromethorphan at doses that exceed the recommended levels can produce hallucinations, rapid heart beat, high blood pressure, loss of consciousness, and seizures. The dangers multiply when dextromethorphan is abused with alcohol, prescription drugs, or narcotics. (2) Dextromethorphan is inexpensive, legal, and readily accessible, which has contributed to the increased abuse of the drug, particularly among teenagers. (3) Increasing numbers of teens and others are abusing dextromethorphan by ingesting it in excessive quantities. Prolonged use at high doses can lead to psychological dependence on the drug. Abuse of dextromethorphan can also cause impaired judgment, which can lead to injury or death. (4) An estimated 1,700,000 teenagers (7 percent of teens) abused over-the-counter cough medicines in 2008. (5) The Food and Drug Administration has called the abuse of dextromethorphan a ``serious issue'' and has said that while dextromethorphan, ``when formulated properly and used in small amounts, can be safely used in cough suppressant medicines, abuse of the drug can cause death as well as other serious adverse events such as brain damage, seizure, loss of consciousness, and irregular heart beat.'' (6) In recognition of the problem, several retailers have voluntarily implemented age restrictions on purchases of cough and cold medicines containing dextromethorphan, and several manufacturers have placed language on packaging of cough and cold medicines alerting parents to the dangers of medicine abuse. (7) Prevention is a key component of the effort to address the rise in the abuse of dextromethorphan and other legal medications. Education campaigns teaching teens and parents about the dangers of these drugs are an important part of this effort. SEC. 3. SALES OF PRODUCTS CONTAINING DEXTROMETHORPHAN. (a) Sales of Products Containing Dextromethorphan.-- (1) In general.--Part D of title II of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following: ``SEC. 424. CIVIL PENALTIES FOR CERTAIN DEXTROMETHORPHAN SALES. ``(a) In General.-- ``(1) Sale.-- ``(A) In general.--Except as provided in paragraph (2), it shall be unlawful for any person to knowingly or intentionally sell, cause another to sell, or conspire to sell a product containing dextromethorphan to an individual under 18 years of age, including any such sale using the Internet. ``(B) Failure to check identification.--If a person fails to request identification from an individual under 18 years of age and sells a product containing dextromethorphan to that individual, that person shall be deemed to have known that the individual was under 18 years of age. ``(C) Affirmative defense.--It shall be an affirmative defense to an alleged violation of subparagraph (A) that the person selling a product containing dextromethorphan examined the purchaser's identification card and, based on that examination, that person reasonably concluded that the identification was valid and indicated that the purchaser was not less than 18 years of age. ``(2) Exception.--This section shall not apply to any sale made pursuant to a validly issued prescription. ``(3) Regulations.--Not later than 180 days after the date of enactment of this section, the Attorney General shall promulgate regulations for Internet sales of products containing dextromethorphan to ensure compliance with this subsection. The Attorney General may issue interim rules as necessary to ensure that such rules take effect not later than 180 days after the date of enactment of this section. ``(b) Civil Penalty.-- ``(1) In general.--The Attorney General may file a civil action in an appropriate United States district court to enforce subsection (a). ``(2) Maximum amount.--Any person who violates subsection (a)(1)(A) shall be subject to a civil penalty in an amount-- ``(A) not more than $1,000 for the first violation of subsection (a)(1)(A) by a person; ``(B) not more than $2,000 for the second violation of subsection (a)(1)(A) by a person; and ``(C) not more than $5,000 for the third violation, or a subsequent violation, of subsection (a)(1)(A) by a person. ``(3) Employee or agent.--A violation of subsection (a)(1)(A) by an employee or agent of a person shall be deemed a violation by the person as well as a violation by the employee or agent. ``(4) Factors.--In determining the amount of a civil penalty under this subsection for a person who is a retailer, a court may consider whether the retailer has taken appropriate steps to prevent subsequent violations, such as-- ``(A) the establishment and administration of a documented employee training program to ensure all employees are familiar with and abiding by the provisions of this section; or ``(B) other actions taken by a retailer to ensure compliance with this section. ``(c) Definitions.--In this section-- ``(1) the term `identification card' means an identification card that-- ``(A) includes a photograph and the date of birth of the individual; and ``(B) is-- ``(i) issued by a State or the Federal Government; or ``(ii) considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (as in effect on or after the date of the enactment of the Dextromethorphan Abuse Reduction Act of 2009); and ``(2) the term `retailer' means a grocery store, general merchandise store, drug store, pharmacy, convenience store, or other entity or person whose activities as a distributor relating to products containing dextromethorphan are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.''. (2) Sense of the senate.--It is the sense of the Senate that-- (A) manufacturers of products containing dextromethorphan should continue the practice of including language on packages cautioning consumers about the dangers of dextromethorphan abuse; and (B) retailers selling products containing dextromethorphan should implement appropriate safeguards to protect against the theft of such products. (b) Prevention Funding.-- (1) Prescription and nonprescription drug abuse prevention grants.-- (A) In general.--The Director of National Drug Control Policy shall provide grants to one or more eligible entities for the creation and operation of a nationwide education campaign directed at individuals under the age of 18 years and their parents regarding the prevention of abuse of prescription and nonprescription drugs (including dextromethorphan). (B) Eligible entity.--For purposes of subparagraph (A), the term ``eligible entity'' means an organization that-- (i) is a not-for-profit organization; (ii) has broad national experience and a nationwide presence and capabilities; (iii) has specific expertise and experience in conducting nationwide education campaigns; (iv) has experience working directly with parents, teens, people in recovery, addiction scientists, and drug specialists to design drug education programs; (v) has conducted research upon which to base the campaign specified in subparagraph (A); (vi) has experience generating news media coverage related to drug prevention; (vii) is able to secure pro bono media time and space to support the campaign specified in subparagraph (A); and (viii) has a well-established national Internet presence targeting parents seeking information about drug prevention and intervention. (C) Authorization of appropriations.--There are authorized to be appropriated $4,000,000, for each of fiscal years 2010 through 2012 to carry out this paragraph. (D) Supplement not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this subsection. (2) Grants for education, training and technical assistance to community coalitions.-- (A) In general.--The Director of National Drug Control Policy shall award a grant to the entity created by section 4 of Public Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 note), for the development and provision of specially tailored education, training, and technical assistance to community coalitions throughout the nation regarding the prevention of abuse of prescription and nonprescription drugs (including dextromethorphan). (B) Authorization of appropriations.--There are authorized to be appropriated $1,500,000, for each of fiscal years 2010 through 2012 to carry out this paragraph. (C) Supplement not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this subsection. (c) Supplemental Grants for Communities With Major Prescription and Nonprescription Drug Issues.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Substance Abuse and Mental Health Services Administration; (B) the term ``drug'' has the meaning given that term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); (C) the term ``eligible entity'' means an organization that-- (i) before the date on which the organization submits an application for a grant under this subsection, has received a grant under the Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.); and (ii) has documented, using local data, rates of prescription or nonprescription drug abuse above national averages for comparable time periods, as determined by the Administrator (including appropriate consideration of the Monitoring the Future Survey by the University of Michigan); (D) the term ``nonprescription drug'' has the meaning given that term in section 760 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379aa); and (E) the term ``prescription drug'' means a drug described in section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)). (2) Authorization of program.--From amounts made available to carry out this subsection, the Administrator, in consultation with the Director of the Office of National Drug Control Policy, shall make enhancement grants to eligible entities to implement comprehensive community-wide strategies regarding the prevention of abuse of prescription and nonprescription drugs (including dextromethorphan). (3) Application.-- (A) In general.--An eligible entity seeking an enhancement grant under this subsection shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require. (B) Criteria.--As part of an application for a grant under this subsection, the Administrator shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing abuse of prescription and nonprescription drugs (including dextromethorphan). (4) Uses of funds.--An eligible entity that receives a grant under this subsection shall use the grant funds for implementing a comprehensive, community-wide strategy that addresses abuse of prescription and nonprescription drugs (including dextromethorphan) in that community, in accordance with the plan submitted under paragraph (3)(B). (5) Grant terms.--A grant under this subsection-- (A) shall be made for a period of not more than 4 years; and (B) shall not be in an amount of more than $100,000 per year. (6) Supplement not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this subsection. (7) Evaluation.--A grant under this subsection shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures required of the recipient of a grant under the Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.). (8) Administrative expenses.--Not more than 6 percent of a grant under this subsection may be expended for administrative expenses. (9) Authorization of appropriations.--There are authorized to be appropriated $4,000,000 for each of fiscal years 2010 through 2012 to carry out this subsection. (d) Data Collection.--It is the sense of the Senate that Federal agencies and grantees that collect data on drug use trends should ensure that the survey instruments used by such agencies and grantees include questions to ascertain changes in the trend of abuse of prescription and nonprescription drugs (including dextromethorphan). (e) Technical and Conforming Amendments.-- (1) In general.--Section 201(g) of the Controlled Substances Act (21 U.S.C. 811(g)) is amended-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (2) Table of contents.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 Stat. 1236) is amended by inserting after the item relating to section 423 the following: ``Sec. 424. Civil penalties for certain dextromethorphan sales.''.

Dextromethorphan Abuse Reduction Act of 2009 - Amends the Controlled Substances Act to prohibit sales of products containing dextromethorphan (including cough medicines) to individuals under age 18, including sales using the Internet, and to impose civil penalties for such sales. Directs the Director of National Drug Control Policy to provide grants to certain nonprofit drug prevention entities, including the National Community Antidrug Coalition Institute, for antidrug educational campaigns aimed at individuals under age 18 and for assistance to community antidrug coalitions to prevent abuse of prescription and nonprescription drugs (including dextromethorphan). Directs the Administrator of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services (HHS) to make grants to implement comprehensive community-wide strategies for preventing abuse of prescription and nonprescription drugs (including dextromethorphan).

A bill to amend the Controlled Substances Act to prevent the abuse of dextromethorphan, and for other purposes.

SECTION 1. APPEALS PROCESS. (a) Reference.--Whenever in this section 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 title 5, United States Code. (b) Time Period for Decision.--Section 8118 is amended by adding at the end the following: ``(f) A final decision by the agency which first receives a claim shall be made within 90 days of the date the claim is received by the agency. If a final decision on a claim is not made within such 90 days, the claimant shall be authorized continuation of pay under section 8118 from the date compensation benefits were terminated until a final decision is made on such claim.''. (c) Claimant's Physician.--Section 8123(a) is amended by adding at the end the following: ``The Secretary shall provide the claimant's physician with the same opportunity and information as was provided to the physician acting for the Secretary, including the statement of accepted facts and all medical information in the claimant's file.''. (d) Physician Fees.--Section 8123(c) is amended by adding at the end the following: ``The fees paid to physicians acting for the Secretary shall not exceed the fees paid for the claimant's physicians. The claimant's physician and bills for medical services provided the claimant shall be paid within 60 days of the submission of an approved claim.''. (e) Hearing Date.--Section 8124(b)(1) is amended-- (1) by adding after the first sentence the following: ``The hearing shall be held within 90 days of the date the request for a hearing is received by the Secretary.'', and (2) by adding at the end the following: ``If the Secretary does not hold a hearing within 90 days of the date the hearing is requested or if the Secretary does not issue a further decision within 30 days after the hearing ends, the compensation benefits for any claimant challenging a suspension, termination, or reduction in benefits shall be reinstated from the date such benefits were terminated until such time as a decision has been made.''. (f) Conduct of Hearing.-- (1) Administrative law judges.--Section 8124(b)(1) is amended by striking ``on his claim before a representative of the Secretary.'' and inserting a period and the following: ``The hearing shall be conducted by administrative law judges of the Department of Labor.'' (2) Claimant's authority.--Paragraph (2) of section 8124(b) is amended to read as follows: ``(2) In conducting the hearing the Secretary shall follow the requirements of chapter 5 of part I. The claimant shall have the right to confront and cross examine all adverse witnesses and present such evidence as the claimant feels necessary for consideration of the claim. The claimant's employer shall not be present at the hearing but shall be provided an opportunity to comment on the transcript of the hearing.''. (g) Appeals.--Section 8124 is amended-- (1) in subsection (a), by adding after and below paragraph (2) the following: ``After a decision has been made by the Secretary on a claim under this subsection there shall be no further administrative proceedings on the claim. The claimant may make an appeal for judicial review of the Secretary's decision within 90 days of the date the decision is received by the claimant in accordance with chapter 7 of part I.'', and (2) by adding at the end the following: ``(c) After a decision has been made by the Secretary after a hearing on a claim there shall be no further administrative proceedings on the claim. The claimant may make an appeal for judicial review in accordance with chapter 7 of part I.''. (h) Attorneys' Fees.--Section 8127 is amended by adding at the end the following: ``(c) Except as provided in subsection (d), claimant's attorney or representative shall be entitled to receive a fee of 25 percent of the benefits awarded to the claimant or $5,000, whichever is less. The Secretary shall take such action as may be necessary to assure that payment is made directly to the attorney. ``(d) If the claimant prevails in a decision of a Federal court under chapter 7 of part I, the claimant's attorney shall be paid by the Secretary, but not from the claimant's award, for the work of such attorney if the position of the Secretary with respect to such claimant was found under section 2412(c) of title 28 to be not substantially justified.''. (i) Review of Award.--Section 8128 is amended by striking out subsection (b) and by striking out ``(a)'' in subsection (a). (j) Mortgagees and Other Secured Creditors.--Section 8130 is amended by adding at the end the following: ``If a mortgagee or other secured creditor of the primary residential dwelling of a claimant agrees to forebear foreclosure or forfeiture of such dwelling until a final decision is rendered on the claim of the claimant under this chapter, the claimant may give security under rules promulgated by the Secretary to ensure direct payment from the approved award of the Secretary on such claim to such mortgagee or other secured creditor for all delinquent payments, including interest. The Secretary shall not pay, and no liens shall be given, for attorneys' fees, recording costs, penalty clauses, or other charges other than delinquent payments, including interest, to such mortgagee or other secured creditor. No mortgagee or other secured creditor may hold a lien on the claimant's primary residential dwelling for any amount in addition to claimant's delinquent payments, including interest.''. (k) Subrogations and Adjustments.--Section 8132 is amended by adding at the end the following: ``In no case shall a subrogation secured under section 8131 or an adjustment after recovery made under this section exceed the amount the claimant received in an action brought against a person other than the United States for lost wages and medical expenses. In a subrogation under section 8131, the Secretary may not bring an action for loss of consortium or other compensatory or punitive damages other than damages for lost wages and medical expenses.''. (l) Employee's Compensation Appeals Board.--Section 8149 is amended by striking out the second sentence.

Amends Federal civil service law to revise the appeals process under provisions for workers' compensation for Federal employees.

To change the appeals process in the workers' compensation provisions of title 5, United States Code.

SECTION 1. EXCLUSION FROM GROSS INCOME OF QUALIFIED LESSEE CONSTRUCTION ALLOWANCES NOT LIMITED TO SHORT-TERM LEASES. (a) In General.--Paragraph (1) of section 110(a) of the Internal Revenue Code of 1986 (relating to qualified lessee construction allowances for short-term leases) is amended to read as follows: ``(1) under a lease of retail space, and''. (b) Conforming Amendments.-- (1) Section 110(c) of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) The section heading for section 110 of such Code is amended by striking ``for short-term leases''. (3) The item relating to section 110 in the table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking ``for short-term leases''. (c) Effective Date.--The amendments made by this section shall apply to leases entered into after the date of the enactment of this Act. SEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN CONTRIBUTIONS TO THE CAPITAL OF RETAILERS. (a) In General.--Section 118 of the Internal Revenue Code of 1986 (relating to contributions to the capital of a corporation) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Safe Harbor for Contributions to Retailers.-- ``(1) General rule.--For purposes of this section, the term `contribution to the capital of the taxpayer' includes any amount of money or other property received by the taxpayer if-- ``(A) the taxpayer has entered into an agreement to operate (or cause to be operated) a qualified retail business at a particular location for a period of at least 15 years, ``(B)(i) immediately after the receipt of such money or other property, the taxpayer owns the land to be used by the taxpayer in carrying on a qualified retail business at such location, or ``(ii) the taxpayer uses such amount to acquire ownership of at least such land, and ``(C) such amount meets the requirements of the expenditure rule of paragraph (2). ``(2) Expenditure rule.--An amount meets the requirements of this paragraph if-- ``(A) an amount equal to such amount is expended for the acquisition of land or for acquisition or construction of other property described in section 1231(b)-- ``(i) which was the purpose motivating the contribution, and ``(ii) which is used predominantly in a qualified retail business at the location referred to in paragraph (1)(A), ``(B) the expenditure referred to in subparagraph (A) occurs before the end of the second taxable year after the year in which such amount was received, and ``(C) accurate records are kept of the amounts contributed and expenditures made on the basis of the project for which the contribution was made and on the basis of the year of the contribution expenditure. ``(3) Definition of qualified retail business.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified retail business' means a trade or business of selling tangible personal property to the general public. ``(B) Services.--A trade or business shall not fail to be treated as a qualified retail business by reason of sales of services if such sales are incident to the sale of tangible personal property or if the services are de minimis in amount. ``(4) Special rules.-- ``(A) Leases of land.--For purposes of paragraph (1)(B)(i), the taxpayer shall be treated as owning the land referred to in such paragraph if the taxpayer is the lessee of such land under a lease having a term of at least 30 years and on which only nominal rent is required. ``(B) Controlled groups.--For purposes of this subsection, all taxpayers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer. ``(5) Disallowance of deductions and credits; adjusted basis.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, the expenditure which constitutes a contribution to capital to which this subsection applies. The adjusted basis of any property acquired with the contributions to which this subsection applies shall be reduced by the amount of the contributions to which this subsection applies.'' (b) Conforming Amendment.--Subsection (e) of section 118 of such Code (as redesignated by subsection (a)) is amended by adding at the end the following flush sentence: ``Rules similar to the rules of the preceding sentence shall apply to any amount treated as a contribution to the capital of the taxpayer under subsection (d).'' (c) Effective Date.--The amendments made by this section shall apply to amounts received after the date of the enactment of this Act.

Amends the Internal Revenue Code, with respect to the exclusion from a lessee's gross income of qualified construction allowances for short-term leases, to repeal the limitation of such exclusion to short-term leases (thus extending the exclusion to allowances under any lease of retail space). Revises the exclusion from gross income (safe harbor) for certain contributions to the capital of retailers. Extends such exclusion to any amount of money or other property received by the taxpayer if: (1) the taxpayer has entered into an agreement to operate (or cause to be operated) a qualified retail business at a particular location for a period of at least 15 years; (2) immediately after the receipt of such money or other property, the taxpayer owns (or uses such amount to acquire ownership of at least) the land the taxpayer will use in carrying on the business at that location; and (3) an amount equal to such amount is expended within two taxable years (expenditure rule) for the acquisition of land or for acquisition or construction of other property used in the trade or business which was the purpose motivating the contribution, and which is used predominantly in a qualified retail business at the location. Declares that the taxpayer shall be treated as owning the land if the taxpayer is the lessee of such land under a lease having a term of at least 30 years, and on which only nominal rent is required. Disallows any deduction or credit for, or by reason of, the expenditure which constitutes such a contribution to capital.

To amend the Internal Revenue Code of 1986 to clarify the rules relating to lessee construction allowances and to contributions to the capital of retailers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``H-Prize Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Administering entity.--The term ``administering entity'' means the entity with which the Secretary enters into an agreement under section 3(c). (2) Department.--The term ``Department'' means the Department of Energy. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PRIZE AUTHORITY. (a) In General.--The Secretary shall carry out a program to competitively award cash prizes only in conformity with this Act to advance the research, development, demonstration, and commercial application of hydrogen energy technologies. (b) Advertising and Solicitation of Competitors.-- (1) Advertising.--The Secretary shall widely advertise prize competitions to encourage broad participation, including by individuals, universities (including historically Black colleges and universities and other minority serving institutions), and large and small businesses (including businesses owned or controlled by socially and economically disadvantaged persons). (2) Announcement through federal register notice.--The Secretary shall announce each prize competition by publishing a notice in the Federal Register. This notice shall include the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize. (c) Administering the Competitions.--The Secretary shall enter into an agreement with a private, nonprofit entity to administer the prize competitions, subject to the provisions of this Act. The duties of the administering entity under the agreement shall include-- (1) advertising prize competitions and their results; (2) raising funds from private entities and individuals to pay for administrative costs and to contribute to cash prizes; (3) working with the Secretary to develop the criteria for selecting winners in prize competitions, based on goals provided by the Secretary; (4) determining, in consultation with the Secretary, the appropriate amount for each prize to be awarded; (5) selecting judges in accordance with section 4(d), using criteria developed in consultation with the Secretary; and (6) preventing the unauthorized use or disclosure of a registered participant's intellectual property, trade secrets, and confidential business information. (d) Funding Sources.--Prizes under this Act shall consist of Federal appropriated funds and any funds provided by the administering entity (including funds raised pursuant to subsection (c)(2)) for such cash prizes. The Secretary may accept funds from other Federal agencies for such cash prizes. The Secretary may not give any special consideration to any private sector entity or individual in return for a donation to the administering entity. (e) Announcement of Prizes.--The Secretary may not issue a notice required by subsection (b)(2) until all the funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by the administering entity. The Secretary may increase the amount of a prize after an initial announcement is made under subsection (b)(2) if-- (1) notice of the increase is provided in the same manner as the initial notice of the prize; and (2) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by the administering entity. (f) Sunset.--The authority to announce prize competitions under this Act shall terminate on September 30, 2017. SEC. 4. PRIZE CATEGORIES. (a) Categories.--The Secretary shall establish prizes for-- (1) advancements in components or systems related to-- (A) hydrogen production; (B) hydrogen storage; (C) hydrogen distribution; and (D) hydrogen utilization; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that best meet or exceed objective performance criteria, such as completion of a race over a certain distance or terrain or generation of energy at certain levels of efficiency; and (3) transformational changes in technologies for the distribution or production of hydrogen that meet or exceed far- reaching objective criteria, which shall include minimal carbon emissions and which may include cost criteria designed to facilitate the eventual market success of a winning technology. (b) Awards.-- (1) Advancements.--To the extent permitted under section 3(e), the prizes authorized under subsection (a)(1) shall be awarded biennially to the most significant advance made in each of the four subcategories described in subparagraphs (A) through (D) of subsection (a)(1) since the submission deadline of the previous prize competition in the same category under subsection (a)(1) or the date of enactment of this Act, whichever is later, unless no such advance is significant enough to merit an award. No one such prize may exceed $1,000,000. If less than $4,000,000 is available for a prize competition under subsection (a)(1), the Secretary may omit one or more subcategories, reduce the amount of the prizes, or not hold a prize competition. (2) Prototypes.--To the extent permitted under section 3(e), prizes authorized under subsection (a)(2) shall be awarded biennially in alternate years from the prizes authorized under subsection (a)(1). The Secretary is authorized to award up to one prize in this category in each 2-year period. No such prize may exceed $4,000,000. If no registered participants meet the objective performance criteria established pursuant to subsection (c) for a competition under this paragraph, the Secretary shall not award a prize. (3) Transformational technologies.--To the extent permitted under section 3(e), the Secretary shall announce one prize competition authorized under subsection (a)(3) as soon after the date of enactment of this Act as is practicable. A prize offered under this paragraph shall be not less than $10,000,000, paid to the winner in a lump sum, and an additional amount paid to the winner as a match for each dollar of private funding raised by the winner for the hydrogen technology beginning on the date the winner was named. The match shall be provided for 3 years after the date the prize winner is named or until the full amount of the prize has been paid out, whichever occurs first. A prize winner may elect to have the match amount paid to another entity that is continuing the development of the winning technology. The Secretary shall announce the rules for receiving the match in the notice required by section 3(b)(2). The Secretary shall award a prize under this paragraph only when a registered participant has met the objective criteria established for the prize pursuant to subsection (c) and announced pursuant to section 3(b)(2). Not more than $10,000,000 in Federal funds may be used for the prize award under this paragraph. The administering entity shall seek to raise $40,000,000 toward the matching award under this paragraph. (c) Criteria.--In establishing the criteria required by this Act, the Secretary shall consult with-- (1) the Department's Hydrogen Technical and Fuel Cell Advisory Committee; (2) other Federal agencies, including the National Science Foundation; and (3) private organizations, including professional societies, industry associations, and the National Academy of Sciences and the National Academy of Engineering. (d) Judges.--For each prize competition, the Secretary shall assemble a panel of qualified judges to select the winner or winners on the basis of the criteria established under subsection (c). Judges for each prize competition shall include individuals from outside the Department, including from the private sector. A judge may not-- (1) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is a registered participant in the prize competition for which he or she will serve as a judge; or (2) have a familial or financial relationship with an individual who is a registered participant in the prize competition for which he or she will serve as a judge. SEC. 5. ELIGIBILITY. To be eligible to win a prize under this Act, an individual or entity-- (1) shall have complied with all the requirements in accordance with the Federal Register notice required under section 3(b)(2); (2) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen of, or an alien lawfully admitted for permanent residence in, the United States; and (3) shall not be a Federal entity, a Federal employee acting within the scope of his employment, or an employee of a national laboratory acting within the scope of his employment. SEC. 6. INTELLECTUAL PROPERTY. The Federal Government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this Act. This section shall not be construed to prevent the Federal Government from negotiating a license for the use of intellectual property developed for a prize competition under this Act. SEC. 7. LIABILITY. (a) Waiver of Liability.--The Secretary may require registered participants to waive claims against the Federal Government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the registered participants' participation in a competition under this Act. The Secretary shall give notice of any waiver required under this subsection in the notice required by section 3(b)(2). The Secretary may not require a registered participant to waive claims against the administering entity arising out of the unauthorized use or disclosure by the administering entity of the registered participant's intellectual property, trade secrets, or confidential business information. (b) Liability Insurance.-- (1) Requirements.--Registered participants shall be required to obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by-- (A) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out in connection with participation in a competition under this Act; and (B) the Federal Government for damage or loss to Government property resulting from such an activity. (2) Federal government insured.--The Federal Government shall be named as an additional insured under a registered participant's insurance policy required under paragraph (1)(A), and registered participants shall be required to agree to indemnify the Federal Government against third party claims for damages arising from or related to competition activities. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.-- (1) Awards.--There are authorized to be appropriated to the Secretary for the period encompassing fiscal years 2007 through 2016 for carrying out this Act-- (A) $20,000,000 for awards described in section (4)(a)(1); (B) $20,000,000 for awards described in section 4(a)(2); and (C) $10,000,000 for the award described in section 4(a)(3). (2) Administration.--In addition to the amounts authorized in paragraph (1), there are authorized to be appropriated to the Secretary for each of fiscal years 2007 through 2016 $2,000,000 for the administrative costs of carrying out this Act. (b) Carryover of Funds.--Funds appropriated for prize awards under this Act shall remain available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this Act permits obligation or payment of funds in violation of section 1341 of title 31 of the United States Code (commonly referred to as the Anti-Deficiency Act). SEC. 9. NONSUBSTITUTION. The programs created under this Act shall not be considered a substitute for Federal research and development programs. Passed the House of Representatives May 10, 2006. Attest: KAREN L. HAAS, Clerk.

H-Prize Act of 2006 - (Sec. 3) Directs the Secretary of Energy to award competitive cash prizes biennially to advance the research, development, demonstration, and commercial application of hydrogen energy technologies. Instructs the Secretary to widely advertise prize competitions to encourage broad participation, including by individuals, universities (including historically Black colleges and universities and other minority-serving institutions), and large and small businesses (including businesses owned or controlled by socially and economically disadvantaged persons). Directs the Secretary enter into an agreement with a private, nonprofit entity to administer the prize competitions. States that funding sources for such cash prizes shall consist of federal appropriated funds and funds provided by the administering entity. Terminates the authority to announce the prize competitions on September 30, 2017. (Sec. 4) Designates prize-eligible categories, including: (1) advancements in certain hydrogen components or systems; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria, including minimal carbon emissions, and which may include cost criteria designed to facilitate the eventual market success of a winning technology. Prescribes guidelines for implementation and eligibility. (Sec. 6) Declares that the federal government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this Act. (Sec. 7) Prescribes guidelines for waiver of liability by registered participants. (Sec. 8) Authorizes appropriations for FY2007-FY2016. Prescribes award allocation guidelines. (Sec. 9) States that the programs created under this Act shall not be considered a substitute for federal research and development programs.

To authorize the Secretary of Energy to establish monetary prizes for achievements in overcoming scientific and technical barriers associated with hydrogen energy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overdraft Fee Notification Act''. SEC. 2. NOTIFICATION OF OVERDRAFT FEE. (a) In General.--Section 905 of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end the following new subsection: ``(d) Notification of Overdraft Fee for In-Person, Automated, Telephonic, and Internet-Based Transactions.-- ``(1) In general.--In the case of any financial institution that provides any overdraft protection service to any consumer on a flat, per-transaction basis in connection with a withdrawal from or debit of the consumer's account at the financial institution in a transaction described in paragraph (2) that would result in an overdraft of such consumer account, no fee or charge may be imposed for such overdraft protection service unless the notice required by this subsection has been provided to the consumer, in the manner required under this subsection, before the completion of the transaction that would result in an overdraft. ``(2) Scope of application.--Paragraph (1) shall apply to any withdrawal from or debit of a consumer's account at a financial institution in a transaction initiated by the consumer as an electronic fund transfer or in person at a branch of the financial institution staffed by employees of the financial institution. ``(3) Automated teller machine transactions.--In the case of any electronic fund transfer initiated by a consumer at any automated teller machine, whether or not such machine is maintained by the financial institution that holds the account of the consumer initiating the transaction, the following disclosure rules shall apply: ``(A) Balance requests.-- ``(i) In general.--In the case of a request by the consumer at the automated teller machine for balance information, the display provided on the machine shall provide such information in a manner that differentiates between-- ``(I) the funds available in the account that are attributable to deposits by or on behalf of the consumer; and ``(II) funds available to the customer from the institution in connection with an overdraft protection service. ``(ii) Overdraft protection service fee amount.--On the same screen of the automated teller machine referred to in clause (i), the display shall provide information on any fee that would be imposed for the provision of any overdraft protection service provided in connection with the transaction. ``(B) Withdrawal or transfer.--In the case of a request by the consumer at the automated teller machine to initiate an electronic fund transfer that can be completed only if an overdraft protection service is provided to the consumer, the display provided on the machine shall provide the following notice, with the blanks filled in appropriately, and the option for the consumer to accept or decline the service: ```This request exceeds your funds available and will result in an overdraft of $__ and the imposition of a fee from your financial institution of $__. To accept this fee and continue with your transaction, press ``ACCEPT''. To terminate this transaction, press ``DECLINE''.'. ``(4) Automated point of sale transaction.--In the case of any electronic fund transfer initiated by a consumer at any automated point-of-sale machine that can be completed only if an overdraft protection service is provided to the consumer for a fee, the following disclosure rules shall apply to the extent a screen operated in conjunction with the machine is available to the consumer for effectuating the transaction: ``(A) Notice of overdraft.--The display provided on the machine shall provide the following notice and the option for the consumer to continue or discontinue the transaction: ```Transaction will result in an overdraft of $__. To continue with your transaction, press ``CONTINUE''. To terminate this transaction, press ``NO''.'. ``(B) Notice of fee.--If the consumer referred to in subparagraph (A) continues with the transaction, the display provided on the machine shall provide the following notice and the option for the consumer to accept or decline the fee: ```A fee of $__ will be imposed for the overdraft. To accept this fee and continue with your transaction, press ``ACCEPT''. To terminate this transaction, press ``DECLINE''.'. ``(5) In-person and telephonic transactions.--In the case of any fund transfer or withdrawal initiated by a consumer in person at a branch of the financial institution staffed by employees of the financial institution or verbally over the telephone, the following disclosure requirements shall apply: ``(A) Balance requests.--If, in the course of the transaction, the amount of the balance in the consumer's account is mentioned or requested, the customer shall be made aware verbally of any distinction between-- ``(i) the funds available in the account that are attributable to deposits by or on behalf of the consumer; and ``(ii) funds available to the customer from the institution in connection with an overdraft protection service. ``(B) Overdraft protection service fee amount.--If the consummation of the withdrawal or fund transfer transaction would result in the imposition of an overdraft protection service fee on the account of the consumer, the consumer shall promptly be informed of such fact and the amount of the fee before the transaction is final. ``(6) Internet and other electronic terminal transactions.--In the case of any electronic fund transfer initiated by the consumer at any electronic terminal or computer, other than an automated teller machine or automated point-of-sale machine meeting the requirements of paragraph (3) or (4), that can be completed only if an overdraft protection service is provided to the consumer for a fee, the display provided on the terminal or computer shall provide the following notice and the option for the consumer to accept or decline the fee: ```This request exceeds your funds available and will result in an overdraft of $__ and the imposition of a fee from your financial institution of $__. To accept this fee and continue with your transaction, press ``ACCEPT''. To terminate this transaction, press ``DECLINE''.'. ``(7) Definitions.--For purposes of this subsection and section 906(c)(5), the following definitions shall apply: ``(A) Annual percentage rate.--The term `annual percentage rate' means the rate of interest determined in the manner provided in section 108 and regulations prescribed by the Board under such section. ``(B) Overdraft protection service.--The term `overdraft protection service' means any service provided by a financial institution holding the account of any consumer pursuant to which any debit against the account is paid by the financial institution even though there are insufficient funds in the account to cover the amount of the debit, however such payment is accomplished, including through the use of overdraft lines of credit, linked accounts, or any overdraft protection program for which the financial institution has not complied with the disclosure requirements under the Truth in Lending Act and regulations prescribed under such Act.''. (b) Information Required in Periodic Statement.--Section 906(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) with respect to each case in which the financial institution was required to provide notice to a customer under any paragraph of section 905(d) of the imposition of an overdraft fee and the amount of the fee during the period covered by the periodic statement, a written statement of the annual percentage rate which the fee represents with respect to the amount of the overdraft in type no smaller than other required disclosures under this subsection, but not less than 8-point type, and in the following form: ```Overdraft Fee Annual Percentage Rate Notice: The overdraft fee resulting from your transaction dated ___ is equal to an Annual Percentage Rate of __% on your overdraft balance of $___.'.''.

Overdraft Fee Notification Act - Amends the Electronic Fund Transfer Act to prohibit a financial institution from imposing any fee or charge for consumer overdraft protection unless it notifies the consumer, in a specified manner, of the fee or charge for such protection before the transaction that would result in an overdraft is completed. Requires such notice for all in-person, automated, telephonic, and Internet-based financial transactions. Requires financial institutions to disclose to the consumer in periodic statements the annual percentage rate of interest which any overdraft protection fee or charge represents.

To amend the Electronic Fund Transfer Act to require notice to the consumer before any fee may be imposed by a financial institution in connection with any transaction for any overdraft protection service provided with respect to such transaction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Nutrition Disclosure Act of 2015''. SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS AND SIMILAR RETAIL FOOD ESTABLISHMENTS. (a) In General.--Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended-- (1) in subclause (ii)-- (A) in item (I)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole standard menu item, or the number of servings (as reasonably determined by the restaurant or similar retail food establishment) and number of calories per serving, or the number of calories per the common unit division of the standard menu item, such as for a multiserving item that is typically divided before presentation to the consumer''; (B) in item (II)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole standard menu item, or the number of servings (as reasonably determined by the restaurant or similar retail food establishment) and number of calories per serving, or the number of calories per the common unit division of the standard menu item, such as for a multiserving item that is typically divided before presentation to the consumer''; and (C) by adding at the end the following flush text: ``In the case of restaurants or similar retail food establishments where the majority of orders are placed by customers who are off-premises at the time such order is placed, the information required to be disclosed under items (I) through (IV) may be provided by a remote-access menu (such as a menu available on the Internet) as the sole method of disclosure instead of on-premises writings.''; (2) in subclause (iii)-- (A) by inserting ``either'' after ``a restaurant or similar retail food establishment shall''; and (B) by inserting ``or comply with subclause (ii)'' after ``per serving''; (3) in subclause (iv)-- (A) by striking ``For the purposes of this clause'' and inserting the following: ``(I) In general.--For the purposes of this clause''; (B) by striking ``and other reasonable means'' and inserting ``or other reasonable means''; and (C) by adding at the end the following: ``(II) Permissible variation.--If the restaurant or similar food establishment uses such means as the basis for its nutrient content disclosures, such disclosures shall be treated as having a reasonable basis even if such disclosures vary from actual nutrient content, including but not limited to variations in serving size, inadvertent human error in formulation or preparation of menu items, variations in ingredients, or other reasonable variations.''; (4) by amending subclause (v) to read as follows: ``(v) Menu variability and combination meals.--The Secretary shall establish by regulation standards for determining and disclosing the nutrient content for standard menu items that come in different flavors, varieties, or combinations, but which are listed as a single menu item, such as soft drinks, ice cream, pizza, doughnuts, or children's combination meals. Such standards shall allow a restaurant or similar retail food establishment to choose whether to determine and disclose such content for the whole standard menu item, for a serving or common unit division thereof, or for a serving or common unit division thereof accompanied by the number of servings or common unit divisions in the whole standard menu item. Such standards shall allow a restaurant or similar retail food establishment to determine and disclose such content by using any of the following methods: ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. In addition to such methods, the Secretary may allow the use of other methods, to be determined by the Secretary, for which there is a reasonable basis (as such term is defined in subclause (iv)(II)).''; (5) in subclause (x)-- (A) by striking ``Not later than 1 year after the date of enactment of this clause, the Secretary shall promulgate proposed regulations to carry out this clause.'' and inserting ``Not later than 1 year after the date of enactment of the Common Sense Nutrition Disclosure Act of 2015, the Secretary shall issue proposed regulations to carry out this clause, as amended by such Act. Any final regulations that are promulgated pursuant to the Common Sense Nutrition Disclosure Act of 2015, and any final regulations that were promulgated pursuant to this clause before the date of enactment of the Common Sense Nutrition Disclosure Act of 2015, shall not take effect earlier than 2 years after the promulgation of final regulations pursuant to the Common Sense Nutrition Disclosure Act of 2015.''; and (B) by adding at the end the following: ``(IV) Certifications.--Restaurants and similar retail food establishments shall not be required to provide certifications or similar signed statements relating to compliance with the requirements of this clause.''; (6) by amending subclause (xi) to read as follows: ``(xi) Definitions.--In this clause: ``(I) Menu; menu board.--The term `menu' or `menu board' means the one listing of items which the restaurant or similar retail food establishment reasonably believes to be, and designates as, the primary listing from which customers make a selection in placing an order. The ability to order from an advertisement, coupon, flyer, window display, packaging, social media, or other similar writing does not make the writing a menu or menu board. ``(II) Preset standard build.--The term `preset standard build' means the finished version of a menu item most commonly ordered by consumers. ``(III) Standard menu item.--The term `standard menu item' means a food item of the type described in subclause (i) or (ii) of subparagraph (5)(A) with the same recipe prepared in substantially the same way with substantially the same food components that-- ``(aa) is routinely included on a menu or menu board or routinely offered as a self- service food or food on display at 20 or more locations doing business under the same name; and ``(bb) is not a food referenced in subclause (vii).''; and (7) by adding at the end the following: ``(xii) Opportunity to correct violations.--Any restaurant or similar retail food establishment that the Secretary determines is in violation of this clause shall have 90 days after receiving notification of the violation to correct the violation. The Secretary shall take no enforcement action, including the issuance of any public letter, for violations that are corrected within such 90-day period.''. (b) National Uniformity.--Section 403A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(b)) is amended by striking ``may exempt from subsection (a)'' and inserting ``may exempt from subsection (a) (other than subsection (a)(4))''. SEC. 3. LIMITATION ON LIABILITY FOR DAMAGES ARISING FROM NONCOMPLIANCE WITH NUTRITION LABELING REQUIREMENTS. Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)), as amended by section 2, is further amended by adding at the end the following: ``(xiii) Limitation on liability.--A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of-- ``(I) this clause; or ``(II) any State law permitted under section 403A(a)(4).''. Passed the House of Representatives February 12, 2016. Attest: KAREN L. HAAS, Clerk.

Common Sense Nutrition Disclosure Act of 2015 (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that chain restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off premises. Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item. Reasonable variations in the actual nutrient content of items are permissible, including variations in serving size or ingredients or variations due to inadvertent human error. Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item can determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration (FDA). Regulations pursuant to this Act cannot take effect earlier than two years after final regulations are promulgated. The FDA must give establishments in violation of nutritional labeling requirements 90 days to correct violations. The FDA may no longer allow states or localities to vary from federal nutritional labeling requirements for chain restaurants. (Sec. 3) Restaurants and retail food establishments are not liable in a civil action for claims regarding federal or state nutritional labeling requirements unless the action is brought by the United States or a state.

Common Sense Nutrition Disclosure Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Depleted Uranium Munitions Suspension and Study Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Suspension of use of depleted uranium munitions. Sec. 5. Suspension of sale and export of depleted uranium munitions. Sec. 6. Comptroller general investigation of plutonium contamination. Sec. 7. Study of health effects of depleted uranium. Sec. 8. Epa studies of environmental contamination by depleted uranium. Sec. 9. Environmental mitigation and cleanup requirements. SEC. 2. FINDINGS. Congress makes the following findings: (1) The highest regard should be given to the health and safety of the Nation's military personnel. (2) Among the characteristics of depleted uranium munitions are that (A) they are pyrophoric, resulting in the munition burning upon impact with a target, and (B) the impact of a depleted uranium munition on a target creates aerosol particles, which can be inhaled. (3) Depleted uranium munitions were used by the United States in 1991 during the Persian Gulf War in Southwest Asia and during the conflicts in the former Federal Republic of Yugoslavia (Bosnia, Kosovo, Serbia, and Montenegro) during the 1990s, with approximately 300 metric tons of depleted uranium being used during the Gulf War, three metric tons being used in Bosnia, and over nine metric tons being used in Kosovo, Serbia, and Montenegro. (4) The United States has provided or sold depleted uranium and depleted uranium munitions to allied nations, and the United Kingdom used depleted uranium munitions during the Persian Gulf War. (5) Depleted uranium munitions have been used at numerous United States military installations, proving grounds, and testing facilities. (6) The Yugoslav and Iraqi Governments have claimed that depleted uranium is affecting the health of their people, although such claims have yet to be independently verified. (7) No definitive cause has been established for the various illnesses (commonly referred to as ``Gulf War Syndrome'') that currently affect approximately 130,000 United States servicemembers and veterans who served in Southwest Asia during the Persian Gulf War. (8) The British Royal Navy, Canadian Navy, and United States Navy have all announced that they would phase out use of depleted uranium munitions. (9) It has been reported that depleted uranium munitions use has proliferated to more than 20 nations. (10) Crash investigators of the Federal Aviation Administration are instructed, in FAA Advisory Circular 20-123, dated December 20, 1984, to ``handle with caution'' any depleted uranium that they encounter in crash investigations, and are instructed that ``the main hazard associated with depleted uranium is the harmful effect the material could have if it enters the body,'' and that ``[i]f particles are inhaled or digested, they can be chemically toxic and cause a significant and long-lasting irradiation of internal tissues,''. (11) The 1949 Geneva Convention specifically outlines the precautions warring nations must take to avoid harming civilian populations, and it would be a violation of the 1977 Protocol to that Convention to cause superfluous injury or unnecessary suffering to civilians, as depleted uranium has the potential to cause. (12) The Department of Defense has acknowledged that stocks of depleted uranium munitions have been contaminated with transuranic elements, including plutonium. (13) Plutonium is an extremely toxic, carcinogenic, and radioactive material with a half-life of 4.5 billion years. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To eliminate health threats from depleted uranium munitions to-- (A) United States military personnel and United States civilian employees; (B) military personnel and employees of member nations of the North Atlantic Treaty Organization; and (C) civilian populations in regions where such munitions were used (whether in conflict, training, or development) or produced. (2) To provide for studies of-- (A) the level and scope of contamination of depleted uranium munitions by plutonium and other transuranic elements; (B) the health effects resulting from exposure by inhalation, ingestion, or injection to depleted uranium munitions; and (C) environmental contamination caused by depleted uranium at sites where depleted uranium was used in conflict, development, testing, or training and at sites where depleted uranium and depleted uranium munitions were produced. (3) To require the Administrator of the Environmental Protection Agency to issue regulations and requirements, based upon Environmental Protection Agency studies, concerning the cleanup and mitigation of depleted uranium contamination at sites of depleted uranium munition use and production in the United States. SEC. 4. SUSPENSION OF USE OF DEPLETED URANIUM MUNITIONS. (a) Suspension of Use.--Effective no later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct that all elements of the Department of Defense suspend use of depleted uranium munitions. (b) Duration.--(1) The suspension of use of depleted uranium munitions required by subsection (a) shall remain in effect until the Secretary of Health and Human Services, based upon the results of the study under section 7(a), certifies to the committees specified in paragraph (2) that use of depleted uranium munitions in future conflicts-- (A) will not pose a likely long-term or residual threat to the health of United States or NATO military personnel; and (B) will not jeopardize the health of civilian populations in the area of such use. (2) The committees specified in this paragraph are the following: (A) The Committee on Armed Services and the Committee on Government Reform of the House of Representatives. (B) The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Future Use Limited to Stocks Free of Transuranic Matter.--Upon a certification by the Secretary of Health and Human Services described in subsection (b), the Secretary of Defense shall limit any subsequent use of depleted uranium munitions to stocks of such munitions that the Secretary certifies to be free of plutonium and other transuranic matter. SEC. 5. SUSPENSION OF SALE AND EXPORT OF DEPLETED URANIUM MUNITIONS. (a) Suspension of Sale and Export.--Upon the enactment of this Act, all elements of the Government with responsibility for approving the foreign sale or export of munitions shall suspend the approval of the sale and export of munitions containing depleted uranium. (b) Duration.--The suspension required by subsection (a) of approval of the foreign sale and export of depleted uranium munitions shall remain in effect until the Secretary of Health and Human Services makes a certification described in section 4(b). (c) Future Exports To Be Limited to Stocks Free of Transuranic Matter.--Upon a certification by the Secretary of Health and Human Services described in section 4(b), any subsequent foreign sale or export of depleted uranium munitions or preproduction depleted uranium may be made only from stocks of such munitions or preproduction depleted uranium that the Secretary of Defense certifies to be free of plutonium and other transuranic matter, excluding depleted uranium. SEC. 6. COMPTROLLER GENERAL INVESTIGATION OF PLUTONIUM CONTAMINATION. (a) Investigation.--The Comptroller General of the United States shall conduct a full investigation into the contamination of stocks of depleted uranium munitions with transuranic elements, including plutonium, neptunium, americium, and other forms of uranium. The investigation shall include-- (1) determination of when such contamination occurred; (2) identification of the manufacturing or refining facilities at which such contamination occurred; (3) identification of the quantity, by volume and percentage, of the material by which such contamination occurred; (4) identification of when such contamination was first realized by Department of Defense personnel and when such contamination was brought to the attention of senior Department of Defense management; (5) identification of persons responsible for monitoring the quality of such production; (6) identification of the time when notification of such contamination was made to member nations of the North Atlantic Treaty Organization; and (7) determination of whether any law or treaty was broken by any such contamination or by any failure to provide timely notice of such contamination to any affected party. (b) Report.--Upon completion of the investigation under subsection (a), the Comptroller General shall submit to the committeed specified in section 4(b)(2) a report on the investigation. SEC. 7. STUDY OF HEALTH EFFECTS OF DEPLETED URANIUM. (a) Study.--The Director of the Agency for Toxic Substances and Disease Registry and the Director of the Center for Disease Control and Prevention shall jointly conduct a comprehensive study of the health effects of exposure to depleted uranium munitions on uranium-exposed veterans and on their children who were born after their respective exposures to uranium. (b) Uranium-Exposed Veterans.--For purposes of this section, the term ``uranium-exposed veteran'' means a member or former member of the Armed Forces who while on active duty handled, came in contact with, or had the likelihood of contact with depleted uranium munitions, including members and former members who while on active duty-- (1) were exposed to smoke from fires resulting from the burning of vehicles uploaded with depleted uranium munitions or fires at depots at which depleted uranium was stored; (2) worked within environments containing depleted uranium dust or residues from depleted uranium fires; (3) were within a structure or vehicle while it was struck by a depleted uranium munition; (4) climbed on or entered equipment or structures struck by depleted uranium; or (5) were medical personnel who provided near-term treatment to members of the Armed Forces described in paragraph (1), (2), (3), or (4). (c) Public Health Assessment.--The Director of the Agency for Toxic Substances and Disease Registry shall conduct a public health assessment of persons who are thought to have an epidemiological link to any United States military installation or facility at which depleted uranium munitions have been or currently are used or any production facility at which depleted uranium or depleted uranium munitions are currently, or have been, produced. (d) Report.--The Directors shall submit to Congress a report on the results of the study under subsection (a) and the assessment under subsection (c). The report shall be submitted not later than two years after the date of the enactment of this Act and shall include the findings of the Directors on the matters covered by the report. The Directors shall include in the report a list of diseases or conditions that are found to exist within the populations specified in subsection (a) and their rate of occurrence compared to the general population. SEC. 8. EPA STUDIES OF ENVIRONMENTAL CONTAMINATION BY DEPLETED URANIUM. (a) List of Locations in United States.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Administrator of the Environmental Protection Agency a list of all sites in the United States where depleted uranium munitions have been used or produced and a site-specific map of each such site. (b) EPA Studies.--After receipt of the list and maps under subsection (a), the Administrator shall, for each site specified on the list, conduct a comprehensive environmental study of the possible contamination of the soil, air, water, and vegetation by depleted uranium at that site. (c) Report.--Not later than two years after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to the Secretary of Defense and the Committee on Armed Services and the Committee on Government Reform of the House of Representatives and the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate a report-- (1) describing the extent of contamination by depleted uranium at each site studied by the Administrator pursuant to subsection (b); (2) providing site-specific recommendations for the mitigation and cleanup of each such site; and (3) providing general recommendations regarding the cleanup of sites where depleted uranium has been used on foreign lands. SEC. 9. ENVIRONMENTAL MITIGATION AND CLEANUP REQUIREMENTS. (a) Department of Defense Cleanup Plan.--Not later than one year after receiving the report under section 8(c), the Secretary of Defense shall develop a plan for mitigation and cleanup at each site and a prioritized list for such cleanups. The Secretary shall submit a copy of the plan to the Committee on Armed Services and the Committee on Government Reform of the House of Representatives and the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate. (b) Report.--The Secretary shall submit a report to those committees and the Administrator of the Environmental Protection Agency each year before commencement of the mitigations and cleanups until those projects are complete. (c) Cleanup.--After filing of such plans, the Secretary shall commence, or contract for, the mitigation and cleanup of each site for which the Administrator of the Environmental Protection Agency has recommended such mitigation and cleanup and in the manner and scope that the Administrator's report specifies. (d) Applicability of NEPA.--Notwithstanding any other provision of law, the cleanup and mitigation required by subsection (c) shall be carried out in a manner consistent with the provisions of the National Environmental Policy Act of 1969, without regard to any exemption to any of the provisions of that Act for the Department of Defense or any element thereof.

Depleted Uranium Munitions Suspension and Study Act of 2006 - Requires the Secretary of Defense to direct that all elements of the Department of Defense (DOD) suspend use of depleted uranium munitions until the Secretary of Health and Human Services (HHS) certifies to certain congressional committees that use of such munitions in future conflicts: (1) will not pose a likely long-term or residual threat to the health of U.S. or NATO military personnel; and (2) will not jeopardize the health of civilian populations in the area of such use. Suspends federal approval of the foreign sale or export of munitions containing depleted uranium until the Secretary of HHS has made such certification. Limits future exports to stocks certified free of transuranic matter by the Secretary of Defense. Requires the Comptroller General to investigate and report to Congress on the contamination of stocks of depleted uranium munitions with transuranic elements. Requires the Director of the Agency for Toxic Substances and Disease Registry and the Director of the Centers for Disease Control and Prevention jointly to conduct a comprehensive study of the health effects of exposure to depleted uranium munitions on veterans and on their children born after their respective exposures to uranium. Directs the Secretary of Defense to provide to the Administrator of the Environmental Protection Agency (Administrator) a list and maps of all sites in the United States where depleted uranium munitions have been used or produced. Requires the Administrator to study and report to Congress and the Secretary of Defense on the possible depleted uranium contamination of the soil, air, water, and vegetation of each listed site. Directs the Secretary of Defense to develop a plan for mitigation and cleanup at each site.

To require the suspension of the use, sale, development, production, testing, and export of depleted uranium munitions pending the outcome of certain studies of the health effects of such munitions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ozone Standards Implementation Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) 2015 ozone standards.--The term ``2015 ozone standards'' means the ozone standards described in the final rule entitled ``National Ambient Air Quality Standards for Ozone'' (80 Fed. Reg. 65292 (October 26, 2015)). (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Best available control technology.--The term ``best available control technology'' has the meaning given the term in section 169 of the Clean Air Act (42 U.S.C. 7479). (4) Lowest achievable emission rate.--The term ``lowest achievable emission rate'' has the meaning given the term in section 171 of the Clean Air Act (42 U.S.C. 7501). (5) National ambient air quality standard.--The term ``national ambient air quality standard'' means a national ambient air quality standard promulgated under section 109 of the Clean Air Act (42 U.S.C. 7409). (6) Preconstruction permit.-- (A) In general.--The term ``preconstruction permit'' means a permit that is required under part C or D of title I of the Clean Air Act (42 U.S.C. 7470 et seq.) for the construction or modification of a major emitting facility or major stationary source. (B) Inclusion.--The term ``preconstruction permit'' includes a permit described in subparagraph (A) issued by the Administrator or a State, local, or tribal permitting authority. SEC. 3. FACILITATING STATE IMPLEMENTATION OF EXISTING OZONE STANDARDS. (a) Designations.-- (1) Designation submission.--Notwithstanding the deadline specified in paragraph (1)(A) of section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)), not later than October 26, 2024, the Governor of each State shall designate in accordance with that section all areas (or portions of areas) of the State as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards. (2) Designation promulgation.--Notwithstanding the deadline specified in paragraph (1)(B) of section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)), not later than October 26, 2025, the Administrator shall promulgate a final designation under that section for all areas in all States with respect to the 2015 ozone standards, including any modifications to the designations submitted under paragraph (1). (3) State implementation plans.--Notwithstanding the deadline specified in section 110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)), not later than October 26, 2026, each State shall submit to the Administrator an implementation plan under that section with respect to the 2015 ozone standards. (b) Certain Preconstruction Permits.-- (1) In general.--The 2015 ozone standards shall not apply to the review and disposition of a preconstruction permit application if-- (A) the Administrator or the State, local, or tribal permitting authority, as applicable, determines the application to be complete on or before the date of promulgation of final designations under subsection (a)(2); or (B) the Administrator or the State, local, or tribal permitting authority, as applicable, publishes a public notice of a preliminary determination or draft permit for the application before the date that is 60 days after the date of promulgation of the final designation of the relevant area under subsection (a)(2). (2) Rules of construction.--Nothing in this section-- (A) eliminates the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology, as applicable; or (B) limits the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than the Federal national ambient air quality standards established by the Administrator. SEC. 4. FACILITATING STATE IMPLEMENTATION OF NATIONAL AMBIENT AIR QUALITY STANDARDS. (a) Consideration of Technological Feasibility.--Section 109(b) of the Clean Air Act (42 U.S.C. 7409(b)) is amended-- (1) by striking ``(b)(1) National'' and inserting the following: ``(b) Requirements.-- ``(1) In general.-- ``(A) Public health.--National''; and (2) in paragraph (1)(A) (as so designated), in the second sentence, by striking ``Such'' and inserting the following: ``(B) Technological feasibility.--If the Administrator, in consultation with the independent scientific review committee appointed under subsection (d), finds that a range of levels of air quality for an air pollutant are requisite to protect public health with an adequate margin of safety, as described in subparagraph (A), the Administrator may consider, as a secondary consideration, likely technological feasibility in establishing and revising the national primary ambient air quality standard for the pollutant.''. (b) Timeline for Review of National Ambient Air Quality Standards.-- (1) 10-year cycle for all criteria air pollutants.--Section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) is amended-- (A) in paragraph (1), by striking ``five-year intervals'' and inserting ``10-year intervals''; and (B) in paragraph (2)(B), by striking ``five-year intervals'' and inserting ``10-year intervals''. (2) Cycle for next review of ozone criteria and standards.--Notwithstanding section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), the Administrator shall not-- (A) complete, before October 26, 2025, any review of the criteria for ozone published under section 108 of that Act (42 U.S.C. 7408) or the national ambient air quality standard for ozone promulgated under section 109 of that Act (42 U.S.C. 7409); or (B) propose, before October 26, 2025, any revisions to those criteria or standards. (c) Consideration of Adverse Public Health, Welfare, Social, Economic, or Energy Effects.--Section 109(d)(2) of the Clean Air Act (42 U.S.C. 7409(d)(2)) is amended by adding at the end the following: ``(D) Advice from scientific review committee.-- Before establishing or revising a national ambient air quality standard, the Administrator shall request, and the scientific review committee appointed under subparagraph (A) shall provide, advice under subparagraph (C)(iv) regarding any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and maintenance of the national ambient air quality standard.''. (d) Timely Issuance of Implementing Regulations and Guidance.-- Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by adding at the end the following: ``(e) Timely Issuance of Implementing Regulations and Guidance.-- ``(1) Definitions.--In this subsection: ``(A) Best available control technology.--The term `best available control technology' has the meaning given that term in section 169. ``(B) Lowest achievable emission rate.--The term `lowest achievable emission rate' has the meaning given that term in section 171. ``(C) Preconstruction permit.-- ``(i) In general.--The term `preconstruction permit' means a permit that is required under part C or D for the construction or modification of a major emitting facility or major stationary source. ``(ii) Inclusion.--The term `preconstruction permit' includes any permit described in clause (i) issued by the Administrator or a State, local, or tribal permitting authority. ``(2) Guidance for implementation.--In publishing any final rule establishing or revising a national ambient air quality standard, the Administrator shall, as the Administrator determines necessary to assist States, permitting authorities, and permit applicants, concurrently publish final regulations and guidance for implementing the national ambient air quality standard, including information relating to submission and consideration of a preconstruction permit application under the new or revised national ambient air quality standard. ``(3) Applicability of national ambient air quality standard to preconstruction permitting.--If the Administrator fails to publish the final regulations and guidance referred to in paragraph (2) that include information relating to submission and consideration of a preconstruction permit application under a new or revised national ambient air quality standard concurrently with the national ambient air quality standard, the new or revised national ambient air quality standard shall not apply to the review and disposition of a preconstruction permit application until the date on which the Administrator publishes the final regulations and guidance. ``(4) Rules of construction.--Nothing in this subsection-- ``(A) precludes the Administrator from issuing regulations and guidance to assist States, permitting authorities, and permit applicants in implementing a national ambient air quality standard after the publication of final regulations and guidance for the national ambient air quality standard under paragraph (2); ``(B) eliminates the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emission rate technology, as applicable; or ``(C) limits the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than the Federal national ambient air quality standards established by the Administrator.''. (e) Contingency Measures for Extreme Ozone Nonattainment Areas.-- Section 172(c)(9) of the Clean Air Act (42 U.S.C. 7502(c)(9)) is amended-- (1) in the first sentence, by striking ``Such'' and inserting the following: ``(A) Specific measures.--A nonattainment''; (2) in the second sentence, by striking ``Such measures'' and inserting the following: ``(B) Contingency measures.--The specific measures referred to in subparagraph (A)''; and (3) by adding at the end the following: ``(C) Extreme areas.--Notwithstanding subparagraphs (A) and (B) and any other provision of this Act, the specific measures referred to in subparagraphs (A) and (B) shall not be required for any nonattainment area for ozone classified as an Extreme Area.''. (f) Plan Submissions and Requirements for Ozone Nonattainment Areas.--Section 182 of the Clean Air Act (42 U.S.C. 7511a) is amended-- (1) in subsection (b)(1)(A)(ii)(III), by inserting ``and economic feasibility'' after ``technological achievability''; (2) in subsection (c)(2)(B)(ii), by inserting ``and economic feasibility'' after ``technological achievability''; and (3) in subsection (e)-- (A) in the matter preceding paragraph (1), by striking the second sentence and inserting ``Paragraphs (6), (7), and (8) of subsection (c) (relating to de minimis rule and modification of sources) shall not apply in the case of an Extreme Area.''; and (B) in paragraph (5), in the matter preceding subparagraph (A), by striking ``, if the State demonstrates to the satisfaction of the Administrator that--'' and all that follows through ``Any reference to'' in the last sentence of the undesignated matter following subparagraph (B) and inserting the following: ``(6) References.--Any reference to''. (g) Plan Revisions for Milestones for Particulate Matter Nonattainment Areas.--Section 189(c)(1) of the Clean Air Act (42 U.S.C. 7513a(c)(1)) is amended by inserting ``, which take into account technological achievability and economic feasibility,'' after ``redesignated attainment''. (h) Exceptional Events.--Section 319(b)(1) of the Clean Air Act (42 U.S.C. 7619(b)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) Exclusions.--In this subsection, the term `exceptional event' does not include-- ``(i) ordinarily occurring stagnation of air masses; ``(ii) meteorological inversions; or ``(iii) air pollution relating to source noncompliance.''. (i) Report on Emissions Emanating From Outside the United States.-- Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with States, shall submit to Congress a report that describes-- (1) the extent to which foreign sources of air pollution, including emissions from sources located outside North America, impact-- (A) designations of areas (or portions of areas) as nonattainment, attainment, or unclassifiable under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); and (B) attainment and maintenance of national ambient air quality standards; (2) the procedures and timelines of the Administrator for the disposition of petitions submitted under subsection (b) of section 179B of the Clean Air Act (42 U.S.C. 7509a); (3) the total number of petitions received by the Administrator under that section (42 U.S.C. 7509a) and, for each petition-- (A) the date on which the petition was initially submitted to the Administrator; and (B) the date of final disposition by the Administrator; and (4) whether the Administrator recommends any statutory changes to facilitate the more efficient review and disposition of petitions submitted under that section (42 U.S.C. 7509).

Ozone Standards Implementation Act of 2016 This bill amends the Clean Air Act by revising the National Ambient Air Quality Standards (NAAQS) program. The bill delays the implementation of the ozone NAAQS that were published in 2015. The bill extends until: (1) October 26, 2024, the deadline for states to submit designations to implement the 2015 ozone NAAQS; and (2) October 26, 2025, the deadline for the Environmental Protection Agency (EPA) to designate state areas as attainment, nonattainment, or unclassifiable areas with respect to the 2015 ozone NAAQS. States must submit a state implementation plan (SIP) by October 26, 2026, to implement, maintain, and enforce the 2015 ozone NAAQS. The bill also changes the review cycle for criteria pollutant NAAQS from a 5-year review cycle to a 10-year review cycle. The EPA may not complete its next review of ozone NAAQS before October 26, 2025. Prior to establishing or revising NAAQS, the EPA must obtain advice from its scientific advisory committee regarding potential adverse public health, welfare, social, economic, or energy effects which may result from attaining and maintaining NAAQS. The EPA must publish regulations and guidance for implementing NAAQS concurrently with the issuance of a new or revised standard. New or revised NAAQS must not apply to preconstruction permits for constructing or modifying a major emitting facility or major stationary source of air pollutants until those regulations and guidance have been published. The bill revises requirements concerning SIPs for extreme ozone nonattainment areas and particulate matter nonattainment areas.

Ozone Standards Implementation Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Everglades National Park Land Exchange Act of 2008''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the Everglades National Park is a nationally and internationally significant resource adversely affected by external factors that have altered the natural hydrological conditions within the boundary of the National Park; (2) section 102(a) of the Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r-6(a)) modified the boundary of the National Park to include 107,600 acres of land located in the Northeast Shark River Slough and the East Everglades, each area of which is critical to the hydrology of the National Park; (3) the construction of modifications to the Central and South Florida Project authorized under section 104(a) of the Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r-8(a)) is designed to improve water deliveries to the National Park through physical and operational modifications to the Project; (4) the Comprehensive Everglades Restoration Plan approved by section 601(b) of the Water Resources Development Act of 2000 (114 Stat. 2680) provides guidance for the implementation of numerous restoration projects located in the Everglades of the State of Florida, including projects that would ultimately benefit the National Park; (5) the success of the Project, the Plan, and the future ecological health of the Everglades of the State depends in part on the resolution of several land ownership issues relating to parcels of land located in the National Park; (6) the United States has entered into a contingent agreement that-- (A) provides for the exchange of land with the Florida Power & Light Company; and (B) is contingent on the approval of Congress; (7) the land exchange proposed in the Agreement is critical to the success of the Project; (8) the Osceola family of Roy Cypress has occupied the area of the National Park commonly known as the ``William McKinley Osceola Hammock'' since before the date on which the National Park was established; and (9) the interests of the Family and the United States would be enhanced by a further delineation of the rights and obligations of each party because the Hammock may be impacted by construction of improvements relating to the Project. (b) Purpose.--The purpose of this Act is to direct, facilitate, and expedite the exchange of certain Federal land and non-Federal land in the State to further the public interest by-- (1) authorizing an exchange of land held by the United States that is affected by the construction, operation, and maintenance of a relocated and raised section of the Tamiami Trail, U.S. Rt. 41 roadway, pursuant to the Project; (2) ratifying and executing a contingent agreement between the United States and the Company to exchange and relocate certain property interests of the Company (including the provision of easements and other actions); and (3) authorizing the Secretary to enter into an agreement with the Family to allow the Family to occupy and use certain parcels of land located in the National Park for purposes consistent with the purposes and resource values of the National Park. SEC. 3. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the agreement described in the document-- (A) entitled ``Contingent Agreement Between the United States of America and Florida Power & Light Company for Exchange and Relocation of Florida Power & Light Company's Property Located In or Adjacent to the Everglades National Park Expansion Area''; and (B) executed by the United States and the Company on July 24, 2008, including any subsequent amendments to the document. (2) Company.--The term ``Company'' means the Florida Power & Light Company. (3) Family.--The term ``Family'' means the Osceola family of Roy Cypress. (4) Federal land.--The term ``Federal land'' means the parcels of land that are-- (A) owned by the United States; (B) administered by the Secretary; (C) located within the National Park; and (D) generally depicted on the map as-- (i) Tract _____, which is adjacent to the Tamiami Trail, U.S. Rt. 41, in existence as of the date of enactment of this Act; and (ii) Tract ______, which is located on the eastern boundary of the National Park. (5) Hammock.--The term ``Hammock'' means the parcel of land that is-- (A) commonly known as the ``William McKinley Osceola Hammock''; and (B) generally depicted on the map as Tract ____. (6) Map.--The term ``map'' means the map prepared by the National Park Service, titled ``____'', numbered ____, and dated ____. (7) Modified water deliveries project.--The term ``modified water deliveries project'' means the modifications to the Project authorized under section 104(a) of the Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 410r-8(a)). (8) National park.--The term ``National Park'' means the Everglades National Park located in the State. (9) Non-federal land.--The term ``non-Federal land'' means the area of land located in the State that is comprised of land that-- (A) is owned by the State, the specific area and location of which shall be determined by the State; and (B) is owned by the Company-- (i) the area of which comprises approximately 320 acres; and (ii) the location of which is within the East Everglades Acquisition Area, as generally depicted on the map as Tract _____. (10) Plan.--The term ``Plan'' means the Comprehensive Everglades Restoration Plan-- (A) contained in the Final Integrated Feasibility Report and Programmatic Environmental Impact Statement, dated April 1, 1999; and (B) approved under section 601(b) of the Water Resources Development Act of 2000 (114 Stat. 2680). (11) Project.--The term ``Project'' means the Central and Southern Florida Project. (12) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (13) State.--The term ``State'' means the State of Florida. SEC. 4. LAND EXCHANGE. (a) Land Exchange Authorized.--If the State offers to convey to the Secretary all right, title, and interest of the State in and to the non-Federal land, and the offer is acceptable to the Secretary, the Secretary shall, subject to valid existing rights-- (1) accept the offer; and (2) convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Terms and Conditions.--The land exchange under subsection (a) shall be subject to such terms and conditions as the Secretary may require. (c) Appraisals; Equalization.-- (1) Appraisals.-- (A) In general.--The Federal land and non-Federal land shall be appraised by an independent appraiser selected by the Secretary. (B) Standards.--An appraisal conducted under subparagraph (A) shall be conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (2) Equalization.--If the values of the Federal land and the non-Federal land to be conveyed in the land exchange under subsection (a) are not equal, the values may be equalized by-- (A) donation; (B) payment using donated or appropriated funds; or (C) the conveyance of additional parcels of land. (d) Deadline for Completion of Exchange.-- (1) In general.--Except as provided in paragraph (2), the land exchange under subsection (a) shall be completed by not later than the date that is 90 days after the date on which the results of each appraisal conducted under subsection (c)(1) are received by the Secretary and the State. (2) Exception.--In a case in which the Secretary or the State disputes the results of any appraisal conducted under subsection (c)(1), the land exchange under subsection (a) shall be completed by not later than the date that is 90 days after the date on which the Secretary and the State resolve the dispute. (e) Technical Corrections.--Subject to the agreement of the State, the Secretary may make-- (1) minor corrections to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land; and (2) minor adjustments to the boundaries of the Federal and non-Federal land. (f) Administration of Land Acquired by Secretary.--Land acquired by the Secretary through the land exchange under subsection (a) shall-- (1) become part of the National Park; and (2) be administered in accordance with the laws (including regulations) applicable to the National Forest System. (g) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. RATIFICATION OF CONTINGENT AGREEMENT BETWEEN THE UNITED STATES AND THE COMPANY. (a) Ratification of Agreement.--The Agreement (including each term, condition, procedure, covenant, reservation, and other provision contained in the Agreement) is ratified. (b) Execution of Agreement.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall execute the Agreement (including the land exchange under section 4(a)). (2) Technical corrections.-- (A) In general.--In accordance with subparagraph (B), the Secretary, subject to the agreement of the Company, may make minor corrections to correct technical and clerical errors with respect to any land description or instrument of conveyance contained in the Agreement. (B) Written notice requirement.--To make a minor correction under subparagraph (A), the Secretary shall provide written notice, the duration of which shall be not less than 30 days, to-- (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (c) Environmental Assessment.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, in accordance with paragraph (2), the Secretary may prepare an environmental assessment regarding the land exchange under section 4(a). (2) Requirements.--In preparing the environmental assessment under paragraph (1), the Secretary shall-- (A) identify any-- (i) immediate and proximate effect that may arise from the land exchange under section 4(a); and (ii) potential mitigation measure that the Secretary determines to be appropriate for each immediate and proximate effect identified under clause (i); and (B) provide for a period of public notice and comment with respect to the land exchange under section 4(a). SEC. 6. OSCEOLA FAMILY PERPETUAL USE AND OCCUPANCY AGREEMENT. (a) Perpetual Use and Occupancy Agreement.--In accordance with subsection (b), and subject to subsection (c), the Secretary may enter into an agreement with the Family to allow the Family to occupy and use the Hammock in perpetuity for the purpose of a domestic residence. (b) Protection of National Park.--An agreement entered into by the Secretary under subsection (a) shall ensure that the occupancy and use of the Hammock by the Family-- (1) is carried out in a manner consistent with-- (A) this Act; (B) the purposes and resources of the National Park; and (C) all applicable laws (including regulations), including laws governing commercial activities within the National Park (including regulations); and (2) does not prevent the Secretary from constructing any improvements necessary to allow for the completion of the Project. (c) Preservation of Hammock.--Subject to the written approval of the Secretary, the area of the Hammock shall not be enlarged-- (1) through the addition of fill; or (2) by any other means.

Everglades National Park Land Exchange Act of 2008 - Requires the Secretary of the Interior, if the state of Florida offers to convey non-federal land within Florida, and the offer is acceptable, to accept the offer and convey specified federal land within Everglades National Park to the state. Requires the land acquired by the Secretary through the exchange to become part of the Park. Ratifies a specified agreement between the United States and Florida Power & Light Company for the exchange and relocation of the Company's property in or adjacent to the Everglades National Park Expansion Area. Authorizes the Secretary to prepare an environmental assessment regarding such land exchange that identifies any immediate and proximate effect that may arise from the exchange and any potential mitigation measure for each such effect identified. Authorizes the Secretary to enter into an agreement with the Osceola family of Roy Cypress that: (1) allows the family to perpetually occupy and use a parcel of land commonly known as the William McKinley Osceola Hammock as a domestic residence; and (2) ensures that the occupancy and use of the Hammock by such family does not prevent the Secretary from constructing necessary improvements allowing for the completion of the Central and Southern Florida Project (for the improvement of water deliveries to the Park). Bars the area of the Hammock, subject to the written approval of the Secretary, from being enlarged through the addition of fill or by any other means.

To provide for the resolution of several land ownership and related issues with respect to parcels of land located within the Everglades National Park.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Education Incentive Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) As concluded in the report of the Committee on Science of the House of Representatives, ``Unlocking Our Future: Toward a New National Science Policy,'' which was adopted by the House of Representatives, the United States must maintain and improve its preeminent position in science and technology in order to advance human understanding of the universe and all it contains, and to improve the lives, health, and freedoms of all people. (2) It is estimated that more than half of the economic growth of the United States today results directly from research and development in science and technology. The most fundamental research is responsible for investigating our perceived universe, to extend our observations to the outer limits of what our minds and methods can achieve, and to seek answers to questions that have never been asked before. Applied research continues the process by applying the answers from basic science to the problems faced by individuals, organizations, and governments in the everyday activities, so that our lives may become more meaningful and livable. (3) The effectiveness of the United States in promoting economic growth will be largely determined by the intellectual capital and innovativeness of the United States. Education is critical to developing this resource. (4) The education programs of the United States need to provide for 3 different kinds of intellectual capital. First, the country needs scientists and engineers to continue the research and development that is central to the economic growth of the United States. Second, it needs technologically proficient workers who are comfortable and capable dealing with the demands of a science-based, high-technology workplace. Last, it needs scientifically literate voters and consumers to make intelligent decisions about public policy. (5) Student performance on the recent Trends in International Math and Science Study and the Program for International Student Assessment highlights the shortcomings of current K-12 science and mathematics education in the United States, particularly when compared to other countries. We must expect more from our Nation's educators and students if we are to build on the accomplishments of previous generations. New methods of teaching mathematics and science are required, as well as better curricula and improved training of teachers, coupled with strong parental involvement and support. (6) Science is more than a collection of facts, theories, and results. It is a process of inquiry built upon observations and data that leads to a way of knowing and explaining the perceived universe in logically derived concepts and theories. (7) Students should learn science primarily by doing science. Science education ought to reflect the scientific process and be object-oriented, experiment-centered, and concept-based. (8) Children are naturally curious and inquisitive. To successfully tap into these innate qualities, education in science must begin at an early age and continue throughout the entire school experience. (9) Teachers provide the essential connection between students and the content they are learning. High-quality, well- trained prospective teachers need to be identified and recruited by presenting to them a career that is respected by their peers, is financially and intellectually rewarding, and contains sufficient opportunities for advancement. (10) Teachers must have incentives to remain in the classroom and improve their practice, and training of teachers is essential if the results are to be superior. Teachers need to be knowledgeable of their content area, of their curriculum, of up-to-date research in teaching and learning, and of techniques that can be used to connect that information to their students in their classroom. SEC. 3. REFUNDABLE CREDIT FOR PORTION OF TUITION PAID FOR UNDERGRADUATE EDUCATION OF CERTAIN TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. TUITION FOR UNDERGRADUATE EDUCATION OF CERTAIN TEACHERS. ``(a) In General.--In the case of an individual who is an eligible teacher for the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 10 percent of qualified undergraduate tuition paid by such individual. ``(b) Limitations.-- ``(1) Dollar amount.--The credit allowed by this section for any taxable year shall not exceed $1,000. ``(2) Teachers in high-needs schools districts.--In the case of one of the first 5 taxable years in which a teacher is an eligible teacher who teaches in an elementary school or a secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) receiving funds under part A of title I of such Act (20 U.S.C. 6311 et seq.), subparagraph (A) shall be applied by substituting `$1,500' for `$1,000'. ``(3) Credit allowed only for 10 years.--No credit shall be allowed under this section for any taxable year after the 10th taxable year for which credit is allowed under this section. ``(c) Eligible Teacher.--For purposes of this section-- ``(1) In general.--The term `eligible teacher' means, with respect to a taxable year, any individual-- ``(A) who is a full-time teacher, including a full- time substitute teacher, in any of grades kindergarten through 12th grade for the academic year ending in such taxable year, ``(B)(i) who teaches primarily math, science, engineering, or technology courses in 1 or more of grades 9 through 12 during such academic year, or ``(ii) who teaches math, science, engineering, or technology courses in 1 or more of grades kindergarten through 8 during such academic year, ``(C) who, in the case that such individual is a middle or secondary school teacher, received a baccalaureate or similar degree with a major in mathematics, science, engineering, or technology from an institution of higher education, and ``(D) who is highly qualified (as defined in section 9101(23) of the Elementary and Secondary Education Act of 1965). ``(2) Special rule for administrative personnel.--School administrative functions shall be treated as teaching courses referred to in paragraph (1)(B) if such functions primarily relate to such courses or are for a school which focuses primarily on such courses. ``(d) Qualified Undergraduate Tuition.--For purposes of this section, the term `qualified undergraduate tuition' means qualified higher education expenses (as defined in section 529(e)(3)) for enrollment or attendance at an institution of higher education, reduced as provided in section 25A(g)(2) and by any credit allowed by section 25A with respect to such expenses. ``(e) Institution of Higher Education.--The term `institution of higher education' means an institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(f) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Tuition for undergraduate education of certain teachers. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act; except that only periods of being an eligible teacher (as defined in section 36(c) of the Internal Revenue Code of 1986, as added by this section) after such date shall be taken into account under section 36(b)(3) of such Code, as so added. SEC. 4. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45J. CONTRIBUTIONS BENEFITING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY SCHOOL LEVEL. ``(a) In General.--For purposes of section 38, the elementary and secondary science, technology, engineering, and mathematics (STEM) contributions credit determined under this section for the taxable year is an amount equal to 100 percent of the qualified STEM contributions of the taxpayer for such taxable year. ``(b) Qualified STEM Contributions.--For purposes of this section, the term `qualified STEM contributions' means-- ``(1) STEM school contributions, ``(2) STEM teacher externship expenses, and ``(3) STEM teacher training expenses. ``(c) STEM School Contributions.--For purposes of this section-- ``(1) In general.--The term `STEM school contributions' means-- ``(A) STEM property contributions, and ``(B) STEM service contributions. ``(2) STEM property contributions.--The term `STEM property contributions' means the amount which would (but for subsection (f)) be allowed as a deduction under section 170 for a charitable contribution of STEM inventory property if-- ``(A) the donee is an elementary or secondary school described in section 170(b)(1)(A)(ii), ``(B) substantially all of the use of the property by the donee is within the United States or within the defense dependents' education system for educational purposes in any of the grades K-12 that are related to the purpose or function of the donee, ``(C) the original use of the property begins with the donee, ``(D) the property will fit productively into the donee's education plan, ``(E) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, and ``(F) the donee's use and disposition of the property will be in accordance with the provisions of subparagraphs (B) and (E). The determination of the amount of deduction under section 170 for purposes of this paragraph shall be made as if the limitation under section 170(e)(3)(B) applied to all STEM inventory property. ``(3) STEM service contributions.--The term `STEM service contributions' means the amount paid or incurred during the taxable year for STEM services provided in the United States or in the defense dependents' education system for the exclusive benefit of students at an elementary or secondary school described in section 170(b)(1)(A)(ii) but only if-- ``(A) the taxpayer is engaged in the trade or business of providing such services on a commercial basis, and ``(B) no charge is imposed for providing such services. ``(4) STEM inventory property.--The term `STEM inventory property' means, with respect to any contribution to a school, any property-- ``(A) which is described in paragraph (1) or (2) of section 1221(a) with respect to the donor, and ``(B) which is determined by the school to be needed by the school in providing education in grades K-12 in the areas of science, technology, engineering, or mathematics. ``(5) STEM services.--The term `STEM services' means, with respect to any contribution to a school, any service determined by the school to be needed by the school in providing education in grades K-12 in the areas of science, technology, engineering, or mathematics, including teaching courses of instruction at such school in any such area. ``(6) Defense dependents' education system.--For purposes of this subsection, the term `defense dependents' education system' means the program established and operated under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.). ``(d) STEM Teacher Externship Expenses.--For purposes of this section-- ``(1) In general.--The term `STEM teacher externship expenses' means any amount paid or incurred to carry out a STEM externship program of the taxpayer but only to the extent that such amount is attributable to the participation in such program of any eligible STEM teacher, including amounts paid to such a teacher as a stipend while participating in such program. ``(2) STEM externship program.--The term `STEM externship program' means any program-- ``(A) established by a taxpayer engaged in a trade or business within an area of science, technology, engineering, or mathematics, and ``(B) under which eligible STEM teachers receive training to enhance their teaching skills in the areas of science, technology, engineering, or mathematics or otherwise improve their knowledge in such areas. ``(3) Eligible stem teacher.--The term `eligible STEM teacher' means any individual-- ``(A) who is a teacher in grades K-12 at an educational organization described in section 170(b)(1)(A)(ii) which is located in the United States or which is located on a United States military base outside the United States, and ``(B) whose teaching responsibilities at such school include, or are likely to include, any course in the areas of science, technology, engineering, or mathematics. ``(e) STEM Teacher Training Expenses.--The term `STEM teacher training expenses' means any amount paid or incurred by a taxpayer engaged in a trade or business within an area of science, technology, engineering, or mathematics which is attributable to the participation of any eligible STEM teacher in a regular training program provided to employees of the taxpayer which is determined by such teacher's school as enhancing such teacher's teaching skills in the areas of science, technology, engineering, or mathematics. ``(f) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount allowed as a credit under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19), and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the elementary and secondary science, technology, engineering, and mathematics (STEM) contributions credit determined under section 45J.''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45J. Contributions benefiting science, technology, engineering, and mathematics education at the elementary and secondary school level.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. ASSURANCE OF CONTINUED LOCAL CONTROL. Nothing in this Act may be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system.

National Science Education Incentive Act of 2005 - Amends the Internal Revenue Code to allow: (1) certain science, engineering, math, or technology teachers who teach in elementary or secondary schools a refundable tax credit for ten percent of their undergraduate tuition costs, up to $1,000 ($1,500 for teachers in high-needs school districts); and (2) a general business tax credit for certain contributions of property or services to elementary and secondary schools and for teacher training to promote instruction in science, technology, engineering, or mathematics (STEM contributions).

To amend the Internal Revenue Code of 1986 to encourage stronger math and science programs at elementary and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fee Repeal and Expanded Access Act of 2007''. SEC. 2. RECREATION FEE AUTHORITIES. The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) is amended-- (1) by striking section 801 (16 U.S.C. 6801 note) and inserting the following: ``SEC. 801. SHORT TITLE. ``This Act may be cited as the `Federal Lands Recreation Enhancement Act'.''; (2) by striking sections 802 through 812 (16 U.S.C. 6801 through 6811) and inserting the following: ``SEC. 802. RECREATION FEE AUTHORITY. ``(a) In General.--Beginning January 1, 2008, subject to subsections (c) and (d), the Secretary of the Interior (referred to in this section as the `Secretary') may establish and collect any fee from individuals or groups for-- ``(1) admission to a unit of the National Park System, including a commercial vehicle admission fee for a National Park at a level determined by the Secretary; and ``(2) the use of only the facilities or services described in subsection (b) at Federal recreational land or water under the jurisdiction of the Director of the National Park Service. ``(b) Authorized Facilities and Services.--The facilities and services referred to in subsection (a)(2) are the following: ``(1) Use of developed campgrounds that provide at least a majority of the following: ``(A) Tent or trailer spaces. ``(B) Picnic tables. ``(C) Drinking water. ``(D) Access roads. ``(E) The collection of the fee by an employee or agent of the Federal land management agency. ``(F) Reasonable visitor protection. ``(G) Refuse containers. ``(H) Toilet facilities. ``(I) Simple devices for containing a campfire. ``(2) Use of highly-developed boat launches with specialized facilities or services, such as mechanical or hydraulic boat lifts or facilities, multilane paved ramps, paved parking, restrooms, and other improvements, such as boarding floats, loading ramps, or fish cleaning stations. ``(3) Rental of cabins, boats, stock animals, lookouts, historic structures, group day-use or overnight sites, audio tour devices, portable sanitation devices. ``(4) Use of hookups for electricity, cable, or sewer. ``(5) Use of sanitary dump stations. ``(6) Use of transportation services. ``(7) Use of developed swimming sites that provide at least a majority of the following: ``(A) Bathhouses with showers and flush toilets. ``(B) Refuse containers. ``(C) Picnic areas. ``(D) Paved parking. ``(E) Attendants, including lifeguards. ``(F) Floats encompassing the swimming area. ``(G) Swimming decks. ``(c) Prohibition on Fees for Certain Persons or Places.--The Secretary shall not charge an admission fee under subsection (a) for-- ``(1) a person under 16 years of age; ``(2) an outing conducted for a noncommercial educational purpose by a school or other academic institution; ``(3)(A) the U.S.S. Arizona Memorial; ``(B) the Independence National Historical Park; ``(C) any unit of the National Park System within the District of Columbia; or ``(D) the Arlington House-Robert E. Lee National Memorial; ``(4) the Flight 93 National Memorial; ``(5) an entrance on other route into the Great Smoky Mountains National Park or any part of the Park unless fees are charged for entrance into the Park on main highways and thoroughfares; ``(6) an entrance to a unit of the National Park System containing a deed restriction on charging fees; or ``(7) an area or unit covered under section 203 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh-2), other than the Denali National Park and Preserve. ``(d) Prohibited Sites.--The Secretary shall not charge a fee under subsection (a) for Federal recreational land or water managed by-- ``(1) the Director of the Bureau of Land Management; or ``(2) the Commissioner of Reclamation. ``(e) Requirements.--In establishing fees pursuant to this section, the Secretary shall-- ``(1) establish the minimum practicable number of fees; and ``(2) avoid, to the maximum extent practicable, collection of multiple or layered fees for a variety of activities or programs. ``(f) Analysis.-- ``(1) In general.--Before establishing a fee under subsection (a), the Secretary shall analyze-- ``(A) the benefits and services provided to visitors to National Parks; ``(B) the cumulative effect of the assessment of the fee; ``(C) the direct and indirect cost and benefit to the Federal Government with respect to the fee; ``(D) applicable public policy and management objectives; ``(E) the economic and administrative feasibility of fee collection; and ``(F) such other factors as the Secretary determines to be appropriate. ``(2) Submission to congress.--Not later than the date that is 90 days before the date on which a fee established under subsection (a) is published in the Federal Register, the Secretary shall submit to Congress-- ``(A) the analysis conducted with respect to the fee under paragraph (1); and ``(B) a description of the level of the fee. ``(g) Publication.-- ``(1) In general.--The Secretary shall publish in the Federal Register a notice of-- ``(A) any new fee established pursuant to this section; and ``(B) any change in the amount of such a fee. ``(2) Effective date.--A fee established pursuant to this section, and any modification to such a fee, shall not take effect until the date that is 1 year after the date on which a notification regarding the fee or modification is published in the Federal Register under paragraph (1). ``(h) Administration.-- ``(1) In general.--The Secretary-- ``(A) may waive or discount a fee established pursuant to this section, as the Secretary determines to be appropriate; and ``(B) shall provide information to the public regarding any fee program under this section, including a description of the costs and benefits of the program. ``(2) Administrative costs.--The Secretary may use not more than 15 percent of the total amount of fees collected pursuant to this section for administrative costs of the recreation fee program, including-- ``(A) direct operating or capital costs; ``(B) the costs of fee collection; ``(C) the costs of notification of fee requirements; ``(D) the costs of direct infrastructure; ``(E) fee program management costs; ``(F) the costs of bonding of volunteers; ``(G) start-up costs; and ``(H) the costs of analyzing and reporting on program success and effects. ``(i) Distribution of Receipts.--Of amounts received by the Secretary as a result of a fee collected at a specific area, site, or facility pursuant to this section-- ``(1) not less than 80 percent shall be used at the specific area, site, or facility in accordance with subsection (j); and ``(2) not more than 20 percent shall be used for other activities or facilities of the National Park Service, as the Secretary determines to be appropriate. ``(j) Use of Funds.--Amounts described in subsection (i)(1) may be used at an area, site, or facility for-- ``(1) repair, maintenance, facility enhancement, media services, and infrastructure, including projects relating to visitor enjoyment, visitor access, environmental compliance, and health and safety; ``(2) interpretation, visitor information, visitor service, visitor needs assessments, monitoring, and signs; ``(3) habitat enhancement, resource assessment, preservation, protection, and restoration relating to recreational uses; and ``(4) law enforcement relating to public use and recreation. ``(k) Reports.--On January 1, 2012, and every 3 years thereafter, the Secretary shall submit to Congress a report describing the status of the recreation fee program under this section, including-- ``(1) an evaluation of the program as conducted at each unit of the National Park System; ``(2) a description of projects funded, activities accomplished, and future projects and programs proposed to be conducted using the fees; and ``(3) any recommendations for modifications to the fee system of the Secretary.'' (3) in section 813 (16 U.S.C. 6812), by striking subsections (e) and (f); and (4) by striking section 814 (16 U.S.C. 6813). SEC. 3. REINSTATEMENT OF CERTAIN ADMISSION AND USE FEE AUTHORITIES. (a) Repeal.--Subsections (a), (c), and (d) of section 813 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) are repealed effective December 8, 2004. (b) Applicability.-- (1) Land and water conservation fund act of 1965.-- Subsections (a) through (f), and (g) of section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) shall be applied and administered as if section 813(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a)) had not been enacted. (2) Admission permits for refuge units.--Section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) shall be applied and administered as if section 813(c) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(c)) had not been enacted. (3) Golden eagle passport.--Section 502 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5982) shall be applied and administered as if section 813(d) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(d)) had not been enacted. (4) National park passport program.-- (A) In general.--Title VI of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.) shall be applied and administered as if section 813(d) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(d)) had not been enacted. (B) Conforming amendment.--Section 603(c) of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5993(c)) is amended by striking paragraph (2) and inserting the following: ``(2) General use.--Of amounts received by the Secretary as a result of sales of national park passports at a specific area, site, or facility-- ``(A) not less than 50 percent shall remain available for use at the specific area, site, or facility at which the sales occurred; and ``(B) not more than 50 percent shall be used for other activities or facilities of the National Park Service, as the Secretary determines to be appropriate.''. (c) Admission Fees.--Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) (as in effect after subsections (a) and (b) take effect) is amended-- (1) in paragraph (1)-- (A) in the first sentence of subparagraph (A)(i), by striking ``$25'' and and inserting ``$65''; and (B) in the second sentence of subparagraph (B), by striking ``$15'' and inserting ``$40''; and (2) in paragraph (2)-- (A) in the fourth sentence, by striking ``$5'' and inserting ``$25''; and (B) in the sixth sentence, by striking ``$3'' and inserting ``$12''.

Fee Repeal and Expanded Access Act of 2007 - Rewrites specified provisions of the Federal Lands Recreation Enhancement Act. Provides for the application and administration of certain admission and use fee authorities under the Land and Water Conservation Act of 1965, the Emergency Wetlands Resources Act of 1986, and the National Parks Omnibus Management Act of 1998 as if the Federal Lands Recreation Enhancement Act had not been enacted.

A bill to repeal certain provisions of the Federal Lands Recreation Enhancement Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American 5-Cent Coin Design Continuity Act of 2002''. SEC. 2. DESIGNS ON THE 5-CENT COIN COMMEMORATING THE BICENTENNIAL OF THE LOUISIANA PURCHASE. (a) In General.--Subject to subsection (b) and after consulting with the Coin Design Advisory Committee and the Commission of Fine Arts, the Secretary of the Treasury may change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003 and 2004 in commemoration of the bicentennial of the Louisiana Purchase. (b) Design Specifications.-- (1) Obverse.--If the Secretary of the Treasury elects to change the obverse of 5-cent coins issued during 2003 and 2004, the design shall include an image of President Thomas Jefferson in commemoration of his role with respect to the Louisiana Purchase and the commissioning of the Louis and Clark Expedition to explore the newly acquired territory. (2) Reverse.--If the Secretary of the Treasury elects to change the reverse of the 5-cent coins issued during 2003 and 2004, the design selected shall commemorate the Louisiana Purchase. (3) Other inscriptions.--5-cent coins issued during 2003 and 2004 shall continue to meet all other requirements for inscriptions and designations applicable to circulating coins under section 5112(d)(1) of title 31, United States Code. SEC. 3. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE COMMEMORATION OF THE BICENTENNIAL OF THE LOUISIANA PURCHASE. (a) In General.--Section 5112(d)(1) of title 31, United States Code, is amended by inserting after the 4th sentence the following new sentences: ``The obverse of any 5-cent coin issued after December 31, 2004, shall bear an image of Thomas Jefferson. The reverse of any 5- cent coin issued after December 31, 2004, shall bear an image of the home of Thomas Jefferson at Monticello.''. (b) Design Consultation.-- The 2d sentence of section 5112(d)(2) of title 31, United States Code, is amended by inserting ``, after consulting with the Coin Design Advisory Committee and the Commission of Fine Arts,'' after ``The Secretary may''. SEC. 4. COIN DESIGN ADVISORY COMMITTEE. (a) In General.--Subchapter III of chapter 51 of title 31, United States Code, is amended by inserting after section 5136 (as amended by section 5 of this Act) the following new section: ``Sec. 5137. Coin Design Advisory Committee (a) Establishment.--There is hereby established the Coin Design Advisory Committee (in this section referred to as the ``Advisory Committee''). ``(b) Membership.-- (1) Appointment.--The Advisory Committee shall consist of 9 members, as follows: ``(A) The Chief of Staff to the Secretary of the Treasury. ``(B) 4 persons appointed by the President-- ``(i) 1 of whom shall be appointed for a term of 4 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience as a nationally or internationally recognized curator in the United States of a numismatic collection; ``(ii) 1 of whom shall be appointed for a term of 4 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their experience in the medallic arts or sculpture; ``(iii) 1 of whom shall be appointed for a term of 3 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in American history; and ``(iv) 1 of whom shall be appointed for a term of 2 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in numismatics. ``(C) 1 person appointed by the Speaker of the House of Representatives from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees of the House of Representatives, who shall serve at the pleasure of the Speaker. ``(D) 1 person appointed by the minority leader of the House of Representatives from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees of the House of Representatives, who shall serve at the pleasure of the minority leader. ``(E) 1 person appointed by the majority leader of the Senate from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees of the Senate, who shall serve at the pleasure of the majority leader. ``(F) 1 person appointed by the minority leader of the Senate from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees members of the Senate, who shall serve at the pleasure of the minority leader. ``(2) Continuation of service.--Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed and qualified. ``(3) Vacancy.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Acting officials may serve.--In the event of a vacancy in a position described in paragraph (1)(A), and pending the appointment of a successor, or during the absence or disability of any individual serving in any such position, any individual serving in an acting capacity in any such position may serve on the Advisory Committee while serving in such capacity. ``(4) Chairperson.--The Chairperson of the Advisory Committee shall be the person serving in the position described in paragraph (1)(A) (or serving in an acting capacity in such position). ``(5) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service but each member of the Advisory Committee shall be reimbursed from the United States Mint Public Enterprise Fund for expenses incurred in connection with attendance of such members at meetings of the Advisory Committee. ``(6) Meetings.--The Advisory Committee shall meet, not less frequently than quarterly, at the call of the chairperson or a majority of the members. ``(7) Quorum.--7 members of the Advisory Committee shall constitute a quorum. ``(c) Duties of the Advisory Committee.--The duties of the Advisory Committee are as follows: ``(1) Advise the Secretary of the Treasury on any design proposals relating to circulating coinage and numismatic items, including congressional gold medals. ``(2) Advise the Secretary of the Treasury with regard to any other proposals or issues relating to any items produced by the United States Mint that the Secretary may request of the Advisory Committee. ``(d) Administrative Support Services.--Upon the request of the Advisory Committee, the Director of the United States Mint shall provide to the Advisory Committee the administrative support services necessary for the Advisory Committee to carry out its responsibilities under this section. ``(e) Annual Report.-- ``(1) Required.--Not later than January 30 of each year, the Advisory Committee shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(2) Contents.--The report required by paragraph (1) shall describe the activities of the Advisory Committee during the preceding year and the reports and recommendations made by the Advisory Committee to the Secretary of the Treasury. ``(f) Federal Advisory Committee Act Does Not Apply.--The Federal Advisory Committee Act shall not apply with respect to the Committee, except that each meeting of the Advisory Committee shall be open to the public following publication of a notice of the meeting in the Federal Register.''.

American 5-Cent Coin Design Continuity Act of 2002 - Authorizes the Secretary of the Treasury to change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003 and 2004 in commemoration of the bicentennial of the Louisiana Purchase.Amends Federal law governing coins and currency to mandate that: (1) the obverse of any 5-cent coin issued after December 31, 2004, bear an image of Thomas Jefferson; and (2) the reverse of any such coin bear an image of the home of Thomas Jefferson at Monticello.Establishes the Coin Design Advisory Committee to advise the Secretary on: (1) design proposals relating to circulating coinage and numismatic items, including congressional gold medals; and (2) any other issues relating to items produced by the U.S. Mint that the Secretary may request.

To ensure continuity for the design of the 5-cent coin, establish the Coin Design Advisory Committee, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Gang Violence Act''. SEC. 2. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A GANG MEMBER. (a) Definition.--In this section, the term ``criminal street gang'' has the same meaning as in section 521(a) of title 18, United States Code, as amended by section 3 of this Act. (b) Amendment of Sentencing Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than 6 levels, for any offense, if the offense was both committed in connection with, or in furtherance of, the activities of a criminal street gang and the defendant was a member of the criminal street gang at the time of the offense. (c) Construction With Other Guidelines.--The amendment made pursuant to subsection (b) shall provide that the increase in the offense level shall be in addition to any other adjustment under chapter 3 of the Federal sentencing guidelines. SEC. 3. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS. (a) In General.--Section 521 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``(a) Definitions.--'' and inserting the following: ``(a) Definitions.--In this section:'', and (B) by striking ```conviction'' and all that follows through the end of the subsection and inserting the following: ``(1) Criminal street gang.--The term `criminal street gang' means an ongoing group, club, organization, or association of 3 or more persons, whether formal or informal-- ``(A) a primary activity of which is the commission of 1 or more predicate gang crimes; ``(B) any members of which engage, or have engaged during the 5-year period preceding the date in question, in a pattern of criminal gang activity; and ``(C) the activities of which affect interstate or foreign commerce. ``(2) Pattern of criminal gang activity.--The term `pattern of criminal gang activity' means the commission of 2 or more predicate gang crimes committed in connection with, or in furtherance of, the activities of a criminal street gang-- ``(A) at least 1 of which was committed after the date of enactment of the Federal Gang Violence Act; ``(B) the first of which was committed not more than 5 years before the commission of another predicate gang crime; and ``(C) that were committed on separate occasions. ``(3) Predicate gang crime.--The term `predicate gang crime' means an offense, including an act of juvenile delinquency that, if committed by an adult, would be an offense that is-- ``(A) a Federal offense-- ``(i) that is a crime of violence (as that term is defined in section 16) including carjacking, drive-by-shooting, shooting at an unoccupied dwelling or motor vehicle, assault with a deadly weapon, and homicide; ``(ii) that involves a controlled substance (as that term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the penalty is imprisonment for not less than 5 years; ``(iii) that is a violation of section 844, section 875 or 876 (relating to extortion and threats), section 1084 (relating to gambling), section 1955 (relating to gambling), chapter 44 (relating to firearms), or chapter 73 (relating to obstruction of justice); ``(iv) that is a violation of section 1956 (relating to money laundering), insofar as the violation of such section is related to a Federal or State offense involving a controlled substance (as that term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or ``(v) that is a violation of section 274(a)(1)(A), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 1327, or 1328) (relating to alien smuggling); ``(B) a State offense involving conduct that would constitute an offense under subparagraph (A) if Federal jurisdiction existed or had been exercised; or ``(C) a conspiracy, attempt, or solicitation to commit an offense described in subparagraph (A) or (B). ``(3) State.--The term `State' includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory of possession of the United States.''; and (2) by striking subsections (b), (c), and (d) and inserting the following: ``(b) Criminal Penalties.--Any person who engages in a pattern of criminal gang activity-- ``(1) shall be sentenced to-- ``(A) a term of imprisonment of not less than 10 years and not more than life, fined in accordance with this title, or both; and ``(B) the forfeiture prescribed in section 413 of the Controlled Substances Act (21 U.S.C. 853); and ``(2) if any person engages in such activity after 1 or more prior convictions under this section have become final, shall be sentenced to-- ``(A) a term of imprisonment of not less than 20 years and not more than life, fined in accordance with this title, or both; and ``(B) the forfeiture prescribed in section 412 of the Controlled Substances Act (21 U.S.C. 853).''. (b) Conforming Amendment.--Section 3663(c)(4) of title 18, United States Code, is amended by inserting before ``chapter 46'' the following: ``section 521 of this title,''. SEC. 4. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF CRIMINAL STREET GANGS. (a) Travel Act Amendments.-- (1) Prohibited conduct and penalties.--Section 1952(a) of title 18, United States Code, is amended to read as follows: ``(a) Prohibited Conduct and Penalties.-- ``(1) In general.--Any person who-- ``(A) travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to-- ``(i) distribute the proceeds of any unlawful activity; or ``(ii) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity; and ``(B) after travel or use of the mail or any facility in interstate or foreign commerce described in subparagraph (A), performs, attempts to perform, or conspires to perform an act described in clause (i) or (ii) of subparagraph (A), shall be fined under this title, imprisoned not more than 10 years, or both. ``(2) Crimes of violence.--Any person who-- ``(A) travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to commit any crime of violence to further any unlawful activity; and ``(B) after travel or use of the mail or any facility in interstate or foreign commerce described in subparagraph (A), commits, attempts to commit, or conspires to commit any crime of violence to further any unlawful activity, shall be fined under this title, imprisoned for not more than 20 years, or both, and if death results shall be sentenced to death or be imprisoned for any term of years or for life.''. (2) Definitions.--Section 1952(b) of title 18, United States Code, is amended to read as follows: ``(b) Definitions.--In this section: ``(1) Controlled substance.--The term `controlled substance' has the same meaning as in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). ``(2) State.--The term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(3) Unlawful activity.--The term `unlawful activity' means-- ``(A) predicate gang crime (as that term is defined in section 521); ``(B) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances, or prostitution offenses in violation of the laws of the State in which the offense is committed or of the United States; ``(C) extortion, bribery, arson, robbery, burglary, assault with a deadly weapon, retaliation against or intimidation of witnesses, victims, jurors, or informants, assault resulting in bodily injury, possession of or trafficking in stolen property, illegally trafficking in firearms, kidnapping, alien smuggling, or shooting at an occupied dwelling or motor vehicle, in each case, in violation of the laws of the State in which the offense is committed or of the United States; or ``(D) any act that is indictable under section 1956 or 1957 of this title or under subchapter II of chapter 53 of title 31.''. (b) Amendment of Sentencing Guidelines.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend chapter 2 of the Federal sentencing guidelines so that-- (A) the base offense level for traveling in interstate or foreign commerce in aid of a criminal street gang or other unlawful activity is increased to 12; and (B) the base offense level for the commission of a crime of violence in aid of a criminal street gang or other unlawful activity is increased to 24. (2) Definitions.--In this subsection-- (A) the term ``crime of violence'' has the same meaning as in section 16 of title 18, United States Code; (B) the term ``criminal street gang'' has the same meaning as in 521(a) of title 18, United States Code, as amended by section 3 of this Act; and (C) the term ``unlawful activity'' has the same meaning as in section 1952(b) of title 18, United States Code, as amended by this section. SEC. 5. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG ACTIVITY. (a) Prohibited Acts.--Chapter 26 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 522. Recruitment of persons to participate in criminal street gang activity ``(a) Prohibited Act.--It shall be unlawful for any person to-- ``(1) use any facility in, or travel in, interstate or foreign commerce, or cause another to do so, to recruit, solicit, request, induce, counsel, command, or cause another person to be a member of a criminal street gang, or conspire to do so; or ``(2) recruit, solicit, request, induce, counsel, command, or cause another person to engage in a predicate gang crime for which such person may be prosecuted in a court of the United States, or conspire to do so. ``(b) Penalties.--A person who violates subsection (a) shall-- ``(1) if the person recruited-- ``(A) is a minor, be imprisoned for a term of not less than 4 years and not more than 10 years, fined in accordance with this title, or both; or ``(B) is not a minor, be imprisoned for a term of not less than 1 year and not more than 10 years, fined in accordance with this title, or both; and ``(2) be liable for any costs incurred by the Federal Government or by any State or local government for housing, maintaining, and treating the minor until the minor reaches the age of 18. ``(c) Definitions.--In this section-- ``(1) the terms `criminal street gang' and `predicate gang crime' have the same meanings as in section 521; and ``(2) the term `minor' means a person who is younger than 18 years of age.''. (b) Sentencing Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend chapter 2 of the Federal sentencing guidelines to provide an appropriate enhancement for any offense involving the recruitment of a minor to participate in a gang activity. (c) Technical Amendment.--The chapter analysis for chapter 26 of title 18, United States Code, is amended by adding at the end the following: ``522. Recruitment of persons to participate in criminal street gang activity.''. SEC. 6. CRIMES INVOLVING THE RECRUITMENT OF PERSONS TO PARTICIPATE IN CRIMINAL STREET GANGS AND FIREARMS OFFENSES AS RICO PREDICATES. Section 1961(1) of title 18, United States Code, is amended-- (1) by striking ``or'' before ``(F)''; and (2) by inserting before the semicolon at the end the following: ``, (G) an offense under section 522 of this title, or (H) an act or conspiracy to commit any violation of chapter 44 of this title (relating to firearms)''. SEC. 7. PROHIBITIONS RELATING TO FIREARMS. (a) Penalties.--Section 924(a)(6) of title 18, United States Code, is amended-- (1) by striking subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (A); (3) in subparagraph (A), as redesignated-- (A) by striking ``(B) A person other than a juvenile who knowingly'' and inserting ``(A) A person who knowingly''; (B) in clause (i), by striking ``not more than 1 year'' and inserting ``not less than 1 year and not more than 5 years''; and (C) in clause (ii), by inserting ``not less than 1 year and'' after ``imprisoned''; and (4) by adding at the end the following: ``(B) Notwithstanding subparagraph (A), no mandatory minimum sentence shall apply to a juvenile who is less than 13 years of age.''. (b) Serious Juvenile Drug Offenses as Armed Career Criminal Predicates.--Section 924(e)(2)(A) of title 18, United States Code, is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by adding ``or'' at the end; and (3) by adding at the end the following: ``(iii) any act of juvenile delinquency that if committed by an adult would be an offense described in clause (i) or (ii);''. (c) Transfer of Firearms to Minors for Use in Crime.--Section 924(h) of title 18, United States Code, is amended by striking ``10 years, fined in accordance with this title, or both'' and inserting ``10 years, and if the transferee is a person who is under 18 years of age, imprisoned for a term of not less than 3 years, fined in accordance with this title, or both''. SEC. 8. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR. (a) Definitions.--In this section-- (1) the term ``body armor'' means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment; and (2) the term ``law enforcement officer'' means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b) Sentencing Enhancement.--The United States Sentencing Commission shall amend the Federal sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than 2 levels, for any crime in which the defendant used body armor. (c) Applicability.--No Federal sentencing guideline amendment made pursuant to this section shall apply if the Federal crime in which the body armor is used constitutes a violation of, attempted violation of, or conspiracy to violate the civil rights of a person by a law enforcement officer acting under color of the authority of such law enforcement officer. SEC. 9. ADDITIONAL PROSECUTORS. There are authorized to be appropriated $20,000,000 for each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for the hiring of Assistant United States Attorneys and attorneys in the Criminal Division of the Department of Justice to prosecute juvenile criminal street gangs (as that term is defined in section 521(a) of title 18, United States Code, as amended by section 3 of this Act).

Federal Gang Violence Act - Directs the United States Sentencing Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 3) Amends Federal criminal code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this Act's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 4) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 5) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 6) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 8) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 9) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in the Department of Justice's criminal division to prosecute juvenile criminal street gangs.

Federal Gang Violence Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Agricultural Disaster Assistance Act of 2002''. SEC. 2. CROP DISASTER ASSISTANCE. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop losses for the 2001 or 2002 crop, or both, due to damaging weather or related condition, as determined by the Secretary. (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (c) Crop Insurance.--In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). SEC. 3. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation as are necessary to make and administer payments for livestock losses to producers for 2001 or 2002 losses, or both, in a county that has received a corresponding emergency designation by the President or the Secretary, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). SEC. 4. FUNDING. Of the funds of the Commodity Credit Corporation, the Secretary shall-- (1) use such sums as are necessary to carry out this Act; and (2) transfer to section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) an amount equal to the amount of funds under section 32 of that Act that were made available before the date of enactment of this Act to provide disaster assistance to crop and livestock producers for losses suffered during 2001 and 2002, to remain available until expended. SEC. 5. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 6. EMERGENCY DESIGNATION. (a) In General.--The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation.--The entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)). SEC. 7. BUDGETARY TREATMENT. Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the Joint Explanatory Statement of the Committee of Conference accompanying Conference Report No. 105-217, the provisions of this Act that would have been estimated by the Office of Management and Budget as changing direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) were it included in an Act other than an appropriation Act shall be treated as direct spending or receipts legislation, as appropriate, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902).

Emergency Agricultural Disaster Assistance Act of 2002 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers (without regard to Federal crop insurance coverage) who have incurred qualifying 2001 and/or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and/or 2002 losses in an emergency-designated county, with set-asides for the American Indian livestock program.

A bill to provide emergency disaster assistance to agricultural producers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility and Access in Rebuilding American Fisheries Act of 2011''. SEC. 2. EXTENSION OF TIME PERIOD FOR REBUILDING CERTAIN OVERFISHED FISHERIES. Section 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)(4)) is amended-- (1) in paragraph (4)(A)-- (A) in clause (I) by striking ``possible'' and inserting ``practicable''; and (B) by amending clause (ii) to read as follows: ``(ii) not exceed 10 years, except in cases where-- ``(I) the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise; ``(II) the Secretary determines that such 10-year period should be extended because the cause of the fishery decline is outside the jurisdiction of the Council or the rebuilding program cannot be effective only by limiting fishing activities; ``(III) the Secretary determines that such 10-year period should be extended to provide for the sustained participation of fishing communities or to minimize the economic impacts on such communities, provided that there is evidence that the stock of fish is on a positive rebuilding trend; ``(IV) the Secretary determines that such 10-year period should be extended for one or more stocks of fish of a multi-species fishery, provided that there is evidence that those stocks are on a positive rebuilding trend; ``(V) the Secretary determines that such 10-year period should be extended because of a substantial change to the biomass rebuilding target for the stock of fish concerned after the rebuilding plan has taken effect; or ``(VI) the Secretary determines that such 10-year period should be extended because the biomass rebuilding target exceeds the highest abundance of the stock of fish in the 25-year period preceding and there is evidence that the stock is on a positive rebuilding trend;''; or (2) in paragraph (7), in the matter preceding subparagraph (A), by inserting after the first sentence the following: ``In evaluating progress to end overfishing and to rebuild overfished stocks of fish, the Secretary shall review factors, other than commercial fishing and recreational fishing, that may contribute to a stock's overfished status, such as commercial, residential, and industrial development of, or agricultural activity in, coastal areas and their impact on the marine environment, predator-prey relationships of target and related species, and other environmental and ecological changes to the marine conditions.''; and (3) by adding at the end the following: ``(8) If the Secretary determines that extended rebuilding time is warranted under subclause (III), (IV), (V), or (VI) of paragraph (4)(A)(ii), the maximum time allowed for rebuilding the stock of fish concerned may not exceed the sum of the following time periods: ``(A) The initial 10-year rebuilding period. ``(B) The expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions. ``(C) The mean generation time of the stock. ``(9) In this subsection the term `on a positive rebuilding trend' means that the biomass of the stock of fish has shown a substantial increase in abundance since the implementation of the rebuilding plan.''. SEC. 3. COMMITTEE REPORTS. (a) Report on Scientific and Statistical Committee Process.-- Section 302(g)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(g)(1)(B)) is amended-- (1) by striking ``(B) Each'' and inserting ``(B)(i) Each''; and (2) by adding at the end the following: ``(ii) Each scientific and statistical committee shall submit to its Council each year a report on the process and information used in providing the scientific advice described in clause (i). The report shall include-- ``(I) an evaluation of the quality and quantity of the available scientific and biological information relating to such advice; ``(II) a description of the quality of each stock assessment used to develop the committee's recommendations; ``(III) a description of the information used to develop the committee's recommendations for acceptable biological catch; ``(IV) a description of any uncertainty considered and incorporated into the committee's recommendations; ``(V) a justification of any variation between maximum sustainable yield and the committee's recommendations for allowable biological catch; ``(VI) a description of the social and economic impacts of the committee's recommended management measures and whether such measures are consistent with the national standard set forth in section 301(a)(8); and ``(VII) recommendations for-- ``(aa) decreasing the level of uncertainty in the committee's recommendations; ``(bb) improving the quality and quantity of available scientific and biological information; and ``(cc) ensuring current and future consistency between management measures and the national standard set forth in section 301(a)(8).''. (b) Publication of Committee Reports.--Section 302(g)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(g)(1)) is amended by adding at the end the following: ``(H) Each Council shall submit to the Secretary and shall make available to the public any reports or other information provided by its scientific and statistical committee.''. SEC. 4. ANNUAL CATCH LIMITS. (a) Consideration of Data on Recreational Fishermen.--Section 303(a)(15) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(15)) is amended by striking ``specifications, at a level'' and all that follows through ``accountability.'' and inserting ``specifications, that--'' ``(A) results in specification of such limits at a level such that overfishing does not occur in the fishery; ``(B) requires the Council to consider any data collected pursuant to section 401(g) in determining such limits; and ``(C) includes measures to ensure accountability.''. (b) Authority To Suspend Annual Catch Limits.--Section 304 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854) is amended by adding at the end the following: ``(j) Authority To Suspend Annual Catch Limits.--The Secretary may suspend the application of annual catch limits to a fishery for any period in which the Secretary determines that-- ``(1) the fishery is not overfished or approaching a condition of being overfished; ``(2) any stock of fish in the fishery previously affected by overfishing is rebuilt; and ``(3) the scientific advice relating to such annual catch limits provided by the scientific and statistical committee of the Council with jurisdiction over the fishery is based on a level of uncertainty that is insufficient to ensure that the fishery management plan for the fishery is consistent with the national standard set forth in section 301(a)(8).''. SEC. 5. FISHERY IMPACT STATEMENTS; ANNUAL IMPACT STATEMENTS. (a) Impact on Coastal Businesses.--Section 303(a)(9) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(9)) is amended by-- (1) redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) inserting after subparagraph (A) the following: ``(B) coastal businesses that are dependent on the recreational and commercial fishing industries;''. (b) Annual Impact Statement.-- (1) In general.--Section 302(h) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)) is amended-- (A) in paragraph (7)(C), by striking ``and'' after the semicolon at the end; (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following: ``(8) on an annual basis, prepare, in consultation with the Council's fishing industry advisory committee, and submit to the Secretary an annual impact statement that contains-- ``(A) a description of whether each fishery management plan under the jurisdiction of the Council is having or is projected to have any adverse economic impact on recreational and commercial fishermen and other coastal businesses that are dependent on the fishery; and ``(B) an estimate of the dollar amount of any such impact; and''. (2) Action by secretary.--Section 304 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1854), as amended by section 3(b), is amended by adding at the end the following: ``(k) Mitigation of Adverse Impact.-- ``(1) In general.--The Secretary shall take such actions as may be necessary to mitigate any adverse impacts identified in the annual impact statement submitted under section 302(h)(8). ``(2) Report to congress.--The Secretary shall submit to Congress each year a report that includes-- ``(A) a description of the effects of any mitigation efforts implemented under this subsection during the previous year; and ``(B) recommendations for the improvement of Federal fisheries programs to promote sustainable fisheries and economic vitality in recreational and commercial fishermen and other coastal businesses that are dependent on the fishery.''. SEC. 6. STUDY ON RECREATIONAL FISHERIES DATA. Section 401(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)) is amended by adding at the end the following: ``(5) Study on program implementation.-- ``(A) In general.--Not later than 60 days after the enactment of this paragraph, the Secretary shall enter into an agreement with the National Research Council of the National Academy of Sciences to study the implementation of the programs described in this section. The study shall-- ``(i) provide an updated assessment of recreational survey methods established or improved since the publication of the Council's report Review of Recreational Fisheries Survey Methods (2006); ``(ii) evaluate the extent to which the recommendations made in that report were implemented pursuant to paragraph (3)(B); and ``(iii) examine any limitations of the Marine Recreational Fishery Statistics Survey and the Marine Recreational Information Program established under paragraph (1). ``(B) Report.--Not later than 1 year after entering into an agreement under subparagraph (A), the Secretary shall submit a report to Congress on the results of the study under subparagraph (A).''.

Flexibility and Access in Rebuilding American Fisheries Act of 2011 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require fishery management plans, amendments, or regulations for overfished fisheries to specify a time period for ending overfishing and rebuilding the fishery that is as short as practicable (under current law, as short as possible). Modifies the exceptions to the requirement that such period not exceed 10 years. Requires consideration, in evaluating progress to end overfishing and rebuild overfished stocks, of factors other than commercial and recreational fishing. Requires, when the Secretary of Commerce extends the period under specified provisions, that the maximum rebuilding time not exceed the sum of the initial 10-year period, the expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions, and the mean generation time of the stock. Directs Regional Fishery Management Councils to consider data on recreational fishermen when specifying annual catch limits in a fishery management plan. Authorizes the Secretary to suspend application of the annual catch limits to a fishery for any period that: (1) the fishery is neither overfished nor approaching such condition, (2) any stock previously affected by overfishing is rebuilt, and (3) scientific advice of the relevant Council committee is insufficient to ensure consistency with the national standard. Requires the fishery impact statement of a fishery management plan to address the impacts and possible mitigation measures for coastal businesses dependent on recreational and commercial fishing industries. Directs: (1) each Council to submit an annual impact statement to the Secretary describing whether each fishery management plan is projected to have any adverse economic impact (and the estimated dollar amount of any impact) on such recreational and commercial fishermen and coastal businesses, and (2) the Secretary to mitigate any such impacts.

To amend the Magnuson-Stevens Fishery Conservation and Management Act to extend the authorized time period for rebuilding of certain overfished fisheries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime and Energy Workforce Technical Training Enhancement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate federal agency.--The term ``appropriate Federal agency'' means-- (A) the Department of Defense; (B) the Department of Energy; (C) the Department of Homeland Security; (D) the Department of Transportation; or (E) the Department of Veterans Affairs. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code. SEC. 3. MARITIME AND ENERGY WORKFORCE TECHNICAL TRAINING ENHANCEMENT. (a) In General.-- (1) Grants authorized.--The Secretary shall award grants to eligible institutions to expand on existing programs in maritime and energy workforce technical training, including by-- (A) admitting more students to the program; (B) training faculty; (C) expanding facilities; (D) creating new maritime career pathways, including a pathway from an associate degree to a baccalaureate degree; (E) awarding credit for prior learning experience; and (F) increasing cooperation with, as applicable-- (i) an appropriate Federal agency; or (ii) the National Science Foundation. (2) Eligible institutions.--To be eligible to receive a grant under paragraph (1), an institution shall be an institution of higher education that-- (A) is a community college or other public postsecondary educational institution; (B) is located in close proximity to marine or port facilities in the Gulf of Mexico, Atlantic Ocean, Pacific Ocean, or Great Lakes; (C) offers a maritime training and education program; and (D) has an established association with-- (i) a port authority or other established seaport or inland port facility; and (ii) an appropriate Federal agency. (3) Priority.--The Secretary shall give priority in awarding grants under this subsection to eligible institutions that have entered into a partnership with an appropriate Federal agency. (4) Grant amounts.--Grants awarded under this subsection shall be in amounts of not less than $1,000,000 and not more than $1,500,000. (b) Requests for Applications.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, and annually thereafter for 2 years, the Secretary shall issue a request for applications from eligible institutions for grants under subsection (a). (2) Applications.--An eligible institution seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (A) demonstration of a willingness and ability to participate in a partnership described in subsection (a)(3); and (B) a commitment and demonstration of an ability to maintain maritime and energy workforce technical training programs after the end of the grant period. (c) Grant Uses.-- (1) In general.--An eligible institution awarded a grant under subsection (a) shall use grant amounts to carry out-- (A) training relating to maritime or energy transportation, logistics, and supply chain management; (B) training relating to shipbuilding and ship repair; (C) enhancement of academic and workforce training programs providing training for maritime and energy employment, including certifications and apprenticeships; (D) salary supplementation for faculty in maritime or energy training and education; (E) operation and maintenance of maritime or energy-related equipment and technology for use in instructional programs; (F) acquisition of marine vessels, safety equipment, ship simulators, electronic navigation devices, fire suppression equipment, physical and chemical measuring instruments, sampling devices, and other assets and equipment for use in maritime or energy training and education; (G) renovation or construction of buildings to house maritime or energy training and education programs; or (H) tuition reimbursement for successful completion of a maritime or energy course, program, or certification. (2) Limitation on construction.--An eligible institution awarded a grant under subsection (a) may not use greater than 50 percent of the grant amount to carry out paragraph (1)(G). (3) Admissions preference.--To the maximum extent practicable, an eligible institution awarded a grant under subsection (a) shall give preference to veterans in admission to maritime or energy training and education programs. (4) Grant period.--An eligible institution awarded a grant under subsection (a) may use the grant funds for the 3-year period following the award of the grant. (d) Grant for Development of Grant Program.-- (1) In general.--In developing the grant program under subsection (a), the Secretary may award a grant to an eligible nonprofit organization to provide assistance to the Secretary in carrying out this section. (2) Eligibility.--To be eligible to receive a grant under paragraph (1), a nonprofit organization shall have not fewer than 10 years of experience in working with eligible institutions on developing workforce development programs. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $12,000,000 for each of fiscal years 2016 through 2018. SEC. 4. CENTERS OF EXCELLENCE IN MARITIME AND ENERGY WORKFORCE TECHNICAL TRAINING. (a) In General.-- (1) Grants authorized.--The Secretary, in consultation with the Secretary of Transportation and the Secretary of Labor, shall award grants to not more than 10 eligible institutions-- (A) to establish within each eligible institution receiving a grant a center, to be known as a ``Center of Excellence in Maritime and Energy Workforce Technical Training'' (referred to in this section as a ``Center''); and (B) through the Center established under subparagraph (A), to improve and expand maritime and energy workforce training opportunities for veterans, members of the Armed Forces, Federal employees, and civilians by-- (i) implementing new training programs, including training programs in-- (I) port-related transportation systems; (II) maritime and energy logistics and supply chain management; (III) small vessel repair; (IV) maintenance of navigation and deck cargo systems; (V) maintenance of sophisticated training equipment; (VI) port-related transportation, logistics, and supply chain management; (VII) shipbuilding and ship repair; and (VIII) operation and maintenance of equipment and technology for use in maritime and energy employment training; and (ii) providing job placement services in maritime and energy employment fields. (2) Eligible institutions.--To be eligible to receive a grant under paragraph (1), an institution shall be an institution of higher education that-- (A) is a community college or other public postsecondary educational institution; (B) operates an existing maritime or energy workforce training program; (C) offers accredited programs in academic areas relevant to maritime or energy-related workforce training, including-- (i) port-related transportation, logistics, and supply chain management; and (ii) shipbuilding and ship repair; (D) is well-recognized in the field of maritime workforce training; and (E) has an established association with-- (i) a port authority or other established seaport or inland port facility; and (ii) an appropriate Federal agency. (3) Priority.-- (A) In general.--Subject to subparagraph (B), the Secretary shall give priority in awarding grants under this section to eligible institutions that have entered into, or demonstrate the willingness and ability to enter into-- (i) a memorandum of understanding with an appropriate Federal agency; or (ii) a cooperative agreement with an appropriate private entity, as determined by the Secretary. (B) Memorandum of understanding and cooperative agreement described.--A memorandum of understanding or cooperative agreement referred to in subparagraph (A) shall provide for-- (i) the provision of resources, whether in cash or in-kind, to the Center; or (ii) assistance to the Center for-- (I) building maritime or energy training capacity; or (II) training Federal employees in maritime fields. (4) Grant amount.--Grants awarded under paragraph (1) shall be in amounts of not more than $1,500,000 per eligible institution. (b) Requests for Applications.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall issue a request for applications from eligible institutions for a grant under subsection (a). (2) Applications.--An eligible institution seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Grant Uses.-- (1) In general.--An eligible institution awarded a grant under this section shall use the grant amount-- (A) to develop an agenda for maritime and energy training and education; (B) to fund expansion of maritime and energy training and education; or (C) to publish or otherwise disseminate findings relating to best practices in maritime and energy training and education. (2) Grant period.--An eligible institution awarded a grant under subsection (a) may use the grant funds for the 5-year period following the award of the grant. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $12,000,000 for each of fiscal years 2016 through 2018.

Maritime and Energy Workforce Technical Training Enhancement Act This bill directs the Department of Energy (DOE) to award grants to enable eligible community colleges and other public postsecondary institutions of higher education that are located near marine or port facilities in the Gulf of Mexico, Atlantic Ocean, Pacific Ocean, or Great Lakes to expand upon existing programs in maritime and energy workforce technical training, including by admitting more students, training faculty, expanding facilities, creating new maritime career pathways from an associate degree to a baccalaureate degree, awarding credit for prior learning experience, and increasing cooperation with an appropriate federal agency or the National Science Foundation. DOE shall give priority to institutions that have entered into a partnership with an appropriate federal agency. Recipients shall use grant amounts for: training related to maritime or energy transportation, logistics, and supply chain management or to shipbuilding and ship repair; enhancement of academic and workforce training programs for maritime and energy employment; salary supplementation for faculty in maritime or energy training and education; operation and maintenance of maritime or energy related equipment and technology for use in instructional programs; acquisition of marine vessels and other assets and equipment for use in maritime or energy related training and education; renovation or construction of buildings to house maritime or energy training and education programs; or tuition reimbursement for successful completion of a maritime or energy course, program, or certification. DOE may also award a grant to an eligible nonprofit organization (one with at least 10 years of expertise in working with community colleges on developing workforce development programs) to provide assistance in carrying out this Act. DOE shall award a grant to to enable up to 10 eligible institutions that offer accredited programs in academic areas relevant to maritime or energy-related workforce training to: (1) establish Centers of Excellence in Maritime and Energy Workforce Technical Training; and (2) improve and expand maritime and energy workforce training opportunities through such Centers for veterans, members of the Armed Forces, federal employees, and civilians by implementing new training programs and providing job placement services in maritime and energy employment fields.

Maritime and Energy Workforce Technical Training Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Salmon Predation Prevention Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are 13 groups of salmon and steelhead that are listed as threatened species or endangered species under the Endangered Species Act of 1973 that migrate through the lower Columbia River. (2) The people of the Northwest United States are united in their desire to restore healthy salmon and steelhead runs, as they are integral to the region's culture and economy. (3) The Columbia River treaty tribes retain important rights with respect to salmon and steelhead. (4) Federal, State, and tribal governments have spent billions of dollars to assist the recovery of Columbia River salmon and steelhead populations. (5) One of the factors impacting salmonid populations is increased predation by marine mammals, including California sea lions. (6) The population of California sea lions has increased 6- fold over the last 3 decades, and is currently greater than 300,000. (7) In recent years, over 1,000 California sea lions have been entering the lower 205 miles of the Columbia River up to Miller Island during the peak spring salmonid run before returning to the California coast to mate. (8) The percentage of the spring salmonid run that has been eaten or killed by California sea lions at Bonneville dam has increased 7-fold since 2002. (9) In recent years, California sea lions have with greater frequency congregated near Bonneville dam and have entered the fish ladders. (10) Some of these California sea lions have not been responsive to extensive hazing methods employed near Bonneville dam to discourage this behavior. (11) The process established under the 1994 amendment to the Marine Mammal Protection Act of 1972 to address aggressive sea lion behavior is protracted and will not work in a timely enough manner to protect threatened and endangered salmonids in the near term. (12) In the interest of protecting Columbia River threatened and endangered salmonids, a temporary expedited procedure is urgently needed to allow removal of the minimum number of California sea lions as is necessary to protect the passage of threatened and endangered salmonids in the Columbia River or its tributaries. (13) On December 21, 2010, the independent Pinniped-Fishery Interaction Task Force recommended lethally removing more of the California sea lions in 2011. SEC. 3. TAKING OF CALIFORNIA SEA LIONS ON THE COLUMBIA RIVER OR ITS TRIBUTARIES TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON. (a) Amendment to Marine Mammal Protection Act of 1972.--Section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389) is amended by adding at the end the following: ``(k) Temporary Marine Mammal Removal Authority on the Waters of the Columbia River or Its Tributaries.-- ``(1) Determination of alternative measures.-- ``(A) In general.--The Secretary shall determine whether alternative measures to reduce sea lion predation of salmonid stocks in the waters of the Columbia River or its tributaries listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) adequately protect the salmonid stocks from California sea lion predation. ``(B) Deadline.--The Secretary shall make such determination not later than 90 days after the date of the enactment of this subsection. ``(C) Public comment.--The Secretary shall, within such 90-day period, provide up to 30 days for the submission of public comments on the determination. ``(D) Federal register.--The Secretary shall publish the determination in the Federal Register. ``(2) Removal authority.--In addition to other authority under this section, and notwithstanding any other provision of this title, the Secretary may issue a permit to an eligible entity authorizing the intentional lethal taking on the waters of the Columbia River or its tributaries California sea lions if the Secretary determines under paragraph (1) that alternative measures to reduce sea lion predation on salmonid stocks in such waters listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) do not adequately protect the salmonid stocks from California sea lion predation. ``(3) Permit process.-- ``(A) In general.--An eligible entity may apply to the Secretary of Commerce for a permit under paragraph (2) authorizing the lethal taking of California sea lions. ``(B) Deadline for consideration of application.-- The Secretary shall approve or deny an application for a permit under this subsection by not later than 30 days after receiving the application. ``(C) Authority to issue multiple permits.--The Secretary may issue more than one permit under this subsection to an eligible entity. No more than one permit may be utilized in any 14-day period by the same eligible entity. ``(D) Duration of permits.--A permit under this subsection shall be effective for no more than one year after the date it is issued. ``(E) Consultation.--In issuing a permit to an eligible entity, the Secretary shall-- ``(i) consult with other eligible entities and other such entities as the Secretary considers appropriate, including the Corps of Engineers; and ``(ii) consider the number of other permits issued to other eligible entities in the same time period. ``(F) Reports.--Not later than January 31 following the end of each year in which a lethal taking occurs under a permit under this subsection, the Secretary shall publish a brief report describing the implementation of this subsection and the effect of all such takings in such year on Columbia River salmonid stocks and on the California sea lion population in the area where each taking occurs. ``(4) Limitations.-- ``(A) Limitation on permit authority.--A permit issued under this subsection shall not authorize the lethal taking of more than 10 California sea lions. ``(B) Limitation on annual takings.--The cumulative number of California sea lions authorized to be taken each year under all permits in effect under this subsection shall not exceed one percent of the annual potential biological removal level of California sea lions. ``(C) Limitation on animal authorized to be taken.-- ``(i) Determination required.--A California sea lion may not be taken under a permit under this subsection unless the permit holder has determined that-- ``(I) such sea lion has preyed upon salmonid stocks in the Columbia River; and ``(II) with respect to such sea lion, nonlethal alternative measures to prevent preying on salmonid stocks have in general not been effective. ``(ii) Consultation.--In making such determination, the permit holder shall consult with the National Marine Fisheries Service, and may consult with any other Federal agency or eligible entity as appropriate. ``(5) Delegation of permit authority.--The State of Washington and the State of Oregon may each designate the Pacific States Marine Fisheries Commission to administer its permit authority under this subsection. Any other eligible entity may designate the Columbia River Inter-Tribal Fish Commission to administer its permit authority under this subsection. ``(6) NEPA.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to this subsection and the issuance of any permit under this subsection during the 3-year period beginning on the date of the enactment of this Act. ``(7) Termination of permitting authority.--The Secretary may not issue any permit under this subsection after the earlier of-- ``(A) the end of the 5-year period beginning on the date of the enactment of this subsection; or ``(B) the date the Secretary determines that lethal removal authority is no longer necessary to protect salmonid stocks from California sea lion predation. ``(8) Eligible entity defined.--In this subsection, the term `eligible entity' means each of the State of Washington, the State of Oregon, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Confederated Tribes and Bands of the Yakama Nation.''. (b) Recommended Legislation.--Not later than two years after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Congress a report on the need for additional legislation to amend the Marine Mammal Protection Act of 1972 to address the general issue of predation by marine mammals on fish species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) nonlethal means of preventing predation of listed salmonid stocks in the Columbia River by California sea lions is preferable to lethal means; (2) permit holders exercising lethal removal authority pursuant to the amendment made by this Act should be trained in wildlife management; and (3) the Federal Government should continue to fund, research, and support effective nonlethal alternative measures for preventing such predation.

Endangered Salmon Predation Prevention Act - Amends the Marine Mammal Protection Act of 1972 to authorize the Secretary of the department in which the National Oceanic and Atmospheric Administration (NOAA) is operating to issue one-year permits for the lethal taking of California sea lions on the waters of the Columbia River or its tributaries if the Secretary determines that alternative measures to reduce sea lion predation on salmonid stocks listed as threatened or endangered under the Endangered Species Act of 1973 do not adequately protect such stocks. Prohibits such a permit from authorizing the lethal taking of more than 10 California sea lions. Limits the cumulative annual taking of California sea lions each year under all such permits to 1% of the annual potential biological removal level. Requires the Secretary to determine whether alternative measures to reduce sea lion predation on such salmonid stocks will adequately protect them. Prohibits a California sea lion from being taken unless the permit holder has determined that: (1) such sea lion has preyed upon salmonid stocks in the Columbia River, and (2) nonlethal alternative measures have not been effective. Terminates such permitting authority after the earlier of five years after this Act's enactment or the date the Secretary determines that lethal removal authority is no longer necessary to protect such salmonid stocks. Expresses the sense of Congress that: (1) nonlethal means of preventing sea lion predation of salmonid stocks in the Columbia River is preferable to lethal means, (2) permit holders exercising lethal removal authority should be trained in wildlife management, and (3) the government should continue to support effective nonlethal alternatives.

To amend the Marine Mammal Protection Act of 1972 to reduce predation on endangered Columbia River salmon, and for other purposes.

. Any ADR used to resolve a health care liability action or claim shall contain provisions relating to statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and limitations on contingent fees which are identical to the provisions relating to such matters in this Act. SEC. 7. DEFINITIONS. As used in this Act: (1) Actual damages.--The term ``actual damages'' means damages awarded to pay for economic loss. (2) ADR.--The term ``ADR'' means an alternative dispute resolution system established under Federal or State law that provides for the resolution of health care liability claims in a manner other than through health care liability actions. (3) Claimant.--The term ``claimant'' means any person who brings a health care liability action and any person on whose behalf such an action is brought. If such action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (4) Clear and convincing evidence.--The term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. Such measure or degree of proof is more than that required under preponderance of the evidence but less than that required for proof beyond a reasonable doubt. (5) Collateral source payments.--The term ``collateral source payments'' means any amount paid or reasonably likely to be paid in the future to or on behalf of a claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of a claimant, as a result of an injury or wrongful death, pursuant to-- (A) any State or Federal health, sickness, income- disability, accident or workers' compensation Act; (B) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; (C) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income disability benefits; and (D) any other publicly or privately funded program. (6) Drug.--The term ``drug'' has the meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (7) Economic damages.--The term ``economic damages'' means ojectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, loss due to death, burial costs, and loss of business or employment opportunities. (8) Harm.--The term ``harm'' means any legally cognizable wrong or injury for which punitive damages may be imposed. (9) Health benefit plan.--The term ``health benefit plan'' means-- (A) a hospital or medical expense incurred policy or certificate, (B) a hospital or medical service plan contract, (C) a health maintenance subscriber contract, or (D) a MedicarePlus product (offered under part C of title XVIII of the Social Security Act), that provides benefits with respect to health care services. (10) Health care liability action.--The term ``health care liability action'' means a civil action brought in a State or Federal court or pursuant to alternative dispute resolution against a health care provider, an entity which is obligated to provide or pay for health benefits under any health benefit plan (including any person or entity acting under a contract or arrangement to provide or administer any health benefit), or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, in which the claimant alleges a claim (including third party claims, cross claims, counter claims, or distribution claims) based upon the provision of (or the failure to provide or pay for) health care services or the use of a medical product, regardless of the theory of liability on which the claim is based or the number of plaintiffs, defendants, or causes of action. (11) Health care liability claim.--The term ``health care liability claim'' means a claim in which the claimant alleges that injury was caused by the provision of (or the failure to provide) health care services or medical products. (12) Health care provider.--The term ``health care provider'' means any person that is engaged in the delivery of health care services in a State and that is required by the laws or regulations of the State to be licensed or certified by the State to engage in the delivery of such services in the State. (13) Health care service.--The term ``health care service'' means any service for which payment may be made under a health benefit plan including services related to the delivery or administration of such service. (14) Medical product.--The term ``medical product'' means a drug (as defined in section 201(g)(1)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a medical device (as defined in section 201(h)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)), including any component or raw material used in a drug or device but excluding health care services. (15) Noneconomic damages.--The term ``noneconomic damages'' means damages paid to an individual for pain and suffering, inconvenience, emotional distress, mental anguish, loss of consortium, injury to reputation, humiliation, and other nonpecuniary losses. (16) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (17) Product seller.-- (A) In general.--Subject to subparagraph (B), the term ``product seller'' means a person who, in the course of a business conducted for that purpose-- (i) sells, distributes, rents, leases, prepares, blends, packages, labels, or is otherwise involved in placing, a product in the stream of commerce, or (ii) installs, repairs, or maintains the harm-causing aspect of a product. (B) Exclusion.--Such term does not include-- (i) a seller or lessor of real property; (ii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services; or (iii) any person who-- (I) acts in only a financial capacity with respect to the sale of a product; or (II) leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. (18) Punitive damages.--The term ``punitive damages'' means damages awarded against any person not to compensate for actual injury suffered, but to punish or deter such person or others from engaging in similar behavior in the future. (19) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 8. EFFECTIVE DATE. This Act will apply to any health care liability action brought in a Federal or State court and to any health care liability claim subject to an ADR system, that is initiated on or after the date of enactment of this Act, except that any health care liability claim or action arising from an injury occurring prior to the date of enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred.

Common Sense Medical Malpractice Reform Act of 2003 - Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except an action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies.(Sec. 3) Establishes a statute of limitations for health care liability actions of one year from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than three years after the date the alleged injury occurred.(Sec. 4) Makes a defendant in any health care liability action liable only for the amount of noneconomic damages attributable to such defendant. Limits total noneconomic damages for an injury to $250,000.Outlines requirements for, and limitations on, the award of punitive damages. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000.Permits defendants to introduce evidence of collateral source payments.(Sec. 5) Specifies limits to contingent fees.(Sec. 6) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for a statute of limitations, noneconomic damages, joint and several liability, punitive damages, a collateral source rule, periodic payments, and limitations on contingent fees which are identical to the provisions of this Act.

To establish limits on medical malpractice claims, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Foundation Authorization Act of 2000''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Fiscal Year 2001.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $3,773,710,000 for fiscal year 2001. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $2,813,500,000 shall be made available to carry out Research and Related Activities, of which-- (i) $480,560,000 shall be made available for Biological Sciences; (ii) $9,770,000 shall be made available for Computer and Information Science and Engineering; (iii) $403,650,000 shall be made available for Engineering; (iv) $549,730,000 shall be made available for Geosciences; (v) $807,200,000 shall be made available for Mathematical and Physical Sciences; (vi) $159,790,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $220,970,000 shall be made available for United States Polar Research Programs; (viii) $62,600,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $119,230,000 shall be made available for Integrative Activities; (B) $726,700,000 shall be made available for Education and Human Resources, of which $53,080,000 shall be for Graduate Research Fellowships; (C) $65,340,000 shall be made available for Major Research Equipment, of which-- (i) $17,440,000 shall be made available for the EarthScope; (ii) $16,400,000 shall be made available for the Large Hadron Collider; (iii) $6,000,000 shall be made available for Millimeter Array; (iv) $12,000,000 shall be made available for the National Ecological Observatory Network; and (v) $13,500,000 shall be made available for the South Pole Station; (D) $160,890,000 shall be made available for Salaries and Expenses, of which-- (i) $4,000,000 shall be made available for travel for Research and Related Activities; (ii) $310,000 shall be made available for travel for Education and Human Resources; (iii) $159,000 shall be made available for travel for Budget, Finance, and Award Management; (iv) $182,000 shall be made available for travel for Information and Resources Management; (v) $358,468 shall be made available for travel for the Office of the Director; and (vi) $1,075,000 shall be made available for ethics activities under section 6; and (E) $6,280,000 shall be made available for the Office of Inspector General. (3) Travel limitation.--None of the funds authorized by this subsection may be used for travel expenses except as provided in paragraph (2)(D)(i) through (v). None of the funds authorized by clauses (i) through (iv) of paragraph (2)(D) may be used for travel expenses for personnel in the Office of the Director. (b) Fiscal Year 2002.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $3,887,291,000 for fiscal year 2002. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $2,880,683,000 shall be made available to carry out Research and Related Activities, of which-- (i) $492,035,000 shall be made available for Biological Sciences; (ii) $10,003,000 shall be made available for Computer and Information Science and Engineering; (iii) $413,289,000 shall be made available for Engineering; (iv) $562,857,000 shall be made available for Geosciences; (v) $826,475,000 shall be made available for Mathematical and Physical Sciences; (vi) $163,606,000 shall be made available for Social, Behavioral, and Economic Sciences; (vii) $226,246,000 shall be made available for United States Polar Research Programs; (viii) $64,095,000 shall be made available for United States Antarctic Logistical Support Activities; and (ix) $122,077,000 shall be made available for Integrative Activities; (B) $744,422,000 shall be made available for Education and Human Resources, of which $54,400,000 shall be for Graduate Research Fellowships; (C) $90,000,000 shall be made available for Major Research Equipment, of which-- (i) $28,460,000 shall be made available for the EarthScope; (ii) $16,900,000 shall be made available for the Large Hadron Collider; and (iii) $20,000,000 shall be made available for the National Ecological Observatory Network; (D) $165,756,000 shall be made available for Salaries and Expenses, of which-- (i) $4,095,200 shall be made available for travel for Research and Related Activities; (ii) $317,400 shall be made available for travel for Education and Human Resources; (iii) $162,800 shall be made available for travel for Budget, Finance, and Award Management; (iv) $186,400 shall be made available for travel for Information and Resources Management; (v) $370,000 shall be made available for travel for the Office of the Director; and (vi) $1,075,000 shall be made available for ethics activities under section 6; and (E) $6,430,000 shall be made available for the Office of Inspector General. (3) Travel limitation.--None of the funds authorized by this subsection may be used for travel expenses except as provided in paragraph (2)(D)(i) through (v). None of the funds authorized by clauses (i) through (iv) of paragraph (2)(D) may be used for travel expenses for personnel in the Office of the Director. (c) Fiscal Year 2003.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $4,003,909,000 for fiscal year 2003. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $2,967,103,000 shall be made available to carry out Research and Related Activities; (B) $766,755,000 shall be made available to carry out Education and Human Resources; (C) $92,700,000 shall be made available for Major Research Equipment, of which-- (i) $15,740,000 shall be made available for the EarthScope; (ii) $9,700,000 shall be made available for the Large Hadron Collider; and (iii) $27,000,000 shall be made available for the National Ecological Observatory Network; (D) $170,728,000 shall be made available for Salaries and Expenses; and (E) $6,623,000 shall be made available for the Office of Inspector General. (d) Fiscal Year 2004.-- (1) In general.--There are authorized to be appropriated to the National Science Foundation $4,124,027,000 for fiscal year 2004. (2) Specific allocations.--Of the amount authorized under paragraph (1)-- (A) $3,056,116,000 shall be made available to carry out Research and Related Activities; (B) $789,757,000 shall be made available to carry out Education and Human Resources; (C) $95,481,000 shall be made available for Major Research Equipment, of which-- (i) $13,170,000 shall be made available for the EarthScope; and (ii) $20,000,000 shall be made available for the National Ecological Observatory Network; (D) $175,850,000 shall be made available for Salaries and Expenses; and (E) $6,822,000 shall be made available for the Office of Inspector General. (e) Limitation.--Funds made available pursuant to subsections (a) and (b) shall not be used to employ more than 75 full-time equivalent positions in the Office of the Director for either fiscal year 2001 or 2002. SEC. 3. PLANT GENOMICS. (a) Plant Genome and Gene Expression Research and Development Centers.--The National Science Foundation is authorized to make grants for the establishment of regional plant genome and gene expression research and development centers, the purpose of which shall be to-- (1) develop capabilities in basic plant genome research; (2) extend basic plant genomics research through plant breeding programs and accelerate its application to crop improvement, particularly the development and testing of new varieties of enhanced food crops; and (3) serve as centers for scientific and safety information on plant genomics. (b) Grant Awards.--Grant awards under this section shall be made through an open, peer-reviewed competition. When making awards, the National Science Foundation shall ensure that as many different agronomic environments as possible are represented. (c) Matching Funds.--The National Science Foundation shall not provide under this section more than 50 percent of the cost of establishing any research and development center. (d) Availability of Funds.--The National Science Foundation may use up to-- (1) $3,000,000 of the funds authorized by section 2(a)(2)(A)(i) for fiscal year 2001; (2) $3,000,000 of the funds authorized by section 2(b)(2)(A)(i) for fiscal year 2002; (3) $4,500,000 of the funds authorized by section 2(c)(2)(A) for fiscal year 2003; and (4) $4,500,000 of the funds authorized by section 2(d)(2)(A) for fiscal year 2004, to carry out this section. SEC. 4. RESEARCH ON LEARNING. (a) Research on Learning.-- (1) In general.--The National Science Foundation shall make grant awards to support research on learning focusing on the following 4 areas: (A) Brain research as a foundation for research on human learning. (B) Behavioral, cognitive, affective, and social aspects of human learning. (C) Science, mathematics, engineering, and technological learning in formal and informal educational settings. (D) Learning in complex educational systems. The goals of this research shall be to integrate scientific disciplines into research on learning, to gain a better understanding of how research and educational practice can be reconciled, and to test, evaluate, and refine hypotheses across disciplines. (2) Availability of funds.--Of the amounts authorized under section 2(a)(1), (b)(1), (c)(1), and (d)(1), $25,000,000 for fiscal year 2001, $29,000,000 for fiscal year 2002, $33,000,000 for fiscal year 2003, and $37,000,000 for fiscal year 2004 shall be available for carrying out this subsection. (b) Establishment of Research on Learning Centers.-- (1) Establishment.--The National Science Foundation shall make grants for the establishment of centers of research on learning. The purpose of these centers shall be to bring together multidisciplinary teams of researchers to support the research goals described in subsection (a)(1). Grant awards under this subsection shall be made through an open, peer- reviewed competition. (2) Availability of funds.--Of the amounts authorized under section 2(a)(1), (b)(1), (c)(1), and (d)(1), $6,000,000 for fiscal year 2001, $6,000,000 for fiscal year 2002, $9,000,000 for fiscal year 2003, and $9,000,000 for fiscal year 2004 shall be available for carrying out this subsection. (c) Interagency Education Research Initiative.-- (1) Participation.--The National Science Foundation is authorized to participate in the Interagency Education Research Initiative. (2) Availability of funds.--Of the amounts authorized under section 2(a)(1), (b)(1), (c)(1), and (d)(1), $25,000,000 for fiscal year 2001, $28,000,000 for fiscal year 2002, $31,000,000 for fiscal year 2003, and $34,000,000 for fiscal year 2004 shall be available for carrying out this subsection. (d) Research on Learning Conference.--Within 6 months after the date of the enactment of this Act, the National Science Foundation shall sponsor a conference on human learning and education research, the goal of which shall be to bring together researchers from many disciplines, including the physical sciences, neurological sciences, social sciences, and education practitioners. The purposes of that conference shall be to review past research on learning, assess current research efforts, and develop recommendations to address outstanding research issues and to disseminate research results to education practitioners. SEC. 5. INTERGOVERNMENTAL PERSONNEL ACT ASSIGNEES. The National Science Foundation shall not, after the date of the enactment of this Act, enter into an arrangement under the Intergovernmental Personnel Act of 1970 for the detail of any of its employees to locations other than National Science Foundation facilities. SEC. 6. ETHICS PROGRAM. (a) Establishment.--The Director of the National Science Foundation shall establish a program providing for-- (1) an external review of the ethics rules and procedures of the National Science Foundation; (2) after completion of the external review under paragraph (1), a revision of those rules and procedures as appropriate; and (3) training of all National Science Foundation employees on the ethics rules and procedures as revised under paragraph (2). (b) Reports to Congress.--The Director of the National Science Foundation shall report to the Committee on Science of the House of Representatives, and to the Committee on Health, Education, Labor, and Pensions and the Committee on Commerce, Science, and Transportation of the Senate, at least once every 6 months on-- (1) the number of National Science Foundation employees trained pursuant to subsection (a)(3); and (2) the number and type of ethics violations determined under the rules and procedures of the National Science Foundation to have occurred, along with a description of the resolution thereof. SEC. 7. TECHNICAL AMENDMENTS. The National Science Foundation Act of 1950 is amended-- (1) in section 3(b) (42 U.S.C. 1862(b)), by striking ``including the Office of Technology Assessment,'' (2) in section 5(e)(2) (42 U.S.C. 1864(e)(2)), by striking ``Labor and Human Resources'' and inserting ``Health, Education, Labor, and Pensions''; and (3) in section 13(a) (42 U.S.C. 1872(a)), by striking ``or the affidavit of allegiance to the United States required by section 15(d)(2) of this Act''. SEC. 8. REPORTS ELIMINATION. Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required to be submitted under any of the following provisions of law: (1) Section 4(j)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)). (2) Section 36(f) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(f)). (3) Section 37 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d). (4) Section 108 of the National Science Foundation Authorization Act for Fiscal Year 1986 (42 U.S.C. 1886). (5) Section 101(a)(3) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(3)). (6) Section 3(a)(7) and (f) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(7) and (f)). (7) Section 7(a) of the National Science Foundation Authorization Act, 1977 (42 U.S.C. 1873 note).

(Sec. 3) Authorizes NSF to make grants for the establishment of regional plant genome and gene expression research and development centers to: (1) develop capabilities in basic plant genome research; (2) extend basic plant genomics research through plant breeding programs and accelerate its application to crop improvement; and (3) serve as centers for scientific and safety information on plant genomics. Prohibits NSF from providing funds for more than half of the cost of establishing any such research and development center. (Sec. 4) Directs NSF to make grant awards to support research on learning, focusing on: (1) brain research as a foundation for research on human learning; (2) behavioral, cognitive, affective, and social aspects of learning; (3) science, mathematics, engineering, and technological learning in formal and informal educational settings; and (4) learning in complex educational systems. Specifies the goals of such research to be to integrate scientific disciplines into research on learning, to gain a better understanding of how research and educational practice can be reconciled, and to test, evaluate, and refine hypotheses across disciplines. Requires NSF to make grants for the establishment of centers of research on learning to bring together multidisciplinary teams of researchers to support such research goals. Authorizes NSF to participate in the Interagency Education Research Initiative. Directs NSF to sponsor a conference on human learning and education research to bring together researchers from many disciplines, including the physical sciences, neurological sciences, social sciences, and education practitioners, to review past research on learning, assess current research efforts, and develop recommendations to address outstanding research issues and to disseminate research results to such practitioners. (Sec. 5) Prohibits NSF from entering into an arrangement under the Intergovernmental Personnel Act of 1970 for the detail of any of its employees to locations other than NSF facilities. (Sec. 6) Requires the Director of NSF to establish a program providing for: (1) an external review and appropriate revision of NSF ethics rules and procedures; and (2) training of all NSF employees on revised rules and procedures. Requires the Director to report to specified congressional committees at least once every six months on: (1) the number of NSF employees trained; and (2) the number and type of ethics violations determined to have occurred, along with a description of their resolution. (Sec. 8) Prohibits the application of the Federal Reports Elimination and Sunset Act of 1995 with respect to specified NSF reports.

National Science Foundation Authorization Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Washington National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the National Heritage Area designated by section 3(d). (2) Management plan.--The term ``management plan'' means the management plan for the National Heritage Area required under section 4. (3) Map.--The term ``map'' means the map entitled ``Maritime Washington National Heritage Area Proposed Boundary'', numbered 584/125,484, and dated August 2014. (4) National heritage area.--The term ``National Heritage Area'' means the Maritime Washington National Heritage Area established by section 3(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Washington. SEC. 3. MARITIME WASHINGTON NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Maritime Washington National Heritage Area. (b) Boundaries.-- (1) In general.--The National Heritage Area shall consist of land located in the counties of Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor in the State that is at least partially located within the area that is \1/4\-mile landward of the shoreline, as generally depicted on the map. (2) Revision.--The boundaries of the National Heritage Area established under paragraph (1) may be revised if the revision is-- (A) proposed in the management plan; (B) approved by the Secretary in accordance with section 4; and (C) placed on file in accordance with subsection (c). (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of-- (1) the National Park Service; and (2) the local coordinating entity. (d) Local Coordinating Entity.--The Washington Trust for Historic Preservation shall be the local coordinating entity for the National Heritage Area. SEC. 4. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the National Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the National Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of-- (i) the resources located in the National Heritage Area; and (ii) any other property in the National Heritage Area that-- (I) is related to the themes of the National Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies and recommendations for the conservation, funding, management, and development of the National Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, cultural, and historical resources of the National Heritage Area; (D) a program of implementation for the management plan by the local coordinating entity that includes a description of-- (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation of the National Heritage Area; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which Federal, State, and local programs may best be coordinated to carry out this section, including a description of the role of the National Park Service in the National Heritage Area; and (G) an interpretive plan for the National Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historical, scenic, recreational, and educational resources of the National Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary receives and approves the management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the National Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, and historical resources of the National Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the local coordinating entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (4) Amendments.-- (A) In general.--The Secretary shall approve or disapprove each amendment to the management plan that makes a substantial change to the management plan, as determined by the Secretary. (B) Use of funds.--The local coordinating entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the date on which the Secretary has approved the amendments. SEC. 5. ADMINISTRATION. (a) Authorities.--For purposes of implementing the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under section 9-- (1) to make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (2) to enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection and heritage programming; (4) to obtain money or services from any source, including any money or services that are provided under any other Federal law or program; (5) to contract for goods or services; and (6) to undertake to be a catalyst for any other activity that-- (A) furthers the purposes of the National Heritage Area; and (B) is consistent with the approved management plan. (b) Duties.--The local coordinating entity shall-- (1) in accordance with section 4, prepare and submit a management plan to the Secretary; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the National Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the National Heritage Area; (C) developing recreational and educational opportunities in the National Heritage Area; (D) increasing public awareness of, and appreciation for, natural, cultural, historical, and scenic resources of the National Heritage Area; (E) identifying and restoring historic sites and buildings in the National Heritage Area that are consistent with National Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the National Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the National Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the National Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) for any year for which Federal funds have been received under this section-- (A) submit to the Secretary an annual report that describes the activities, expenses, and income of the local coordinating entity (including grants from the local coordinating entity to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage, by appropriate means, economic viability that is consistent with the National Heritage Area. (c) Prohibition on the Acquisition of Real Property.--The local coordinating entity shall not use Federal funds made available under section 9 to acquire real property or any interest in real property. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity, to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the National Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area; (2) requires any property owner-- (A) to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency; (4) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) alters, modifies, diminishes, or extinguishes the treaty rights of any Indian tribe within the National Heritage Area; (7) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or (8) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. EVALUATION AND REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the National Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of the National Heritage Area; and (B) achieving the goals and objectives of the management plan; (2) analyze the investments of Federal, State, tribal, and local government and private entities in the National Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (c) Report.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service with respect to the National Heritage Area. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year. (b) Availability.--Amounts made available under subsection (a) shall remain available until expended. (c) Cost-Sharing Requirement.-- (1) In general.--The Federal share of the total cost of any activity carried out under this Act shall be not more than 50 percent. (2) Form.--The non-Federal share of the total cost of any activity carried out under this Act may be in the form of in- kind contributions of goods or services fairly valued. (d) Termination of Authority.--The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Maritime Washington National Heritage Area Act This bill establishes the Maritime Washington National Heritage Area in the state of Washington. The Washington Trust for Historic Preservation shall be the local coordinating entity for the area and shall prepare and submit a management plan for it.

Maritime Washington National Heritage Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ultrasound Informed Consent Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXIV--INFORMED CONSENT ``SEC. 3401. DEFINITIONS. ``In this title: ``(1) Abortion.--The term `abortion' means the intentional use or prescription of any instrument, medicine, drug, substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(A) to produce a live birth and preserve the life and health of the child after live birth; or ``(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. ``(2) Abortion provider.--The term `abortion provider' means any person legally qualified to perform an abortion under applicable Federal and State laws. ``(3) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(4) Unemancipated minor.--The term `unemancipated minor' means a minor who is subject to the control, authority, and supervision of his or her parent or guardian, as determined under State law. ``(5) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority. ``SEC. 3402. REQUIREMENT OF INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. ``(b) Performance and Review of Ultrasound.--Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, or an agent under the supervision of the provider, shall-- ``(1) perform an obstetric ultrasound on the pregnant woman; ``(2) provide a simultaneous explanation of what the ultrasound is depicting; ``(3) display the ultrasound images so that the pregnant woman may view them; and ``(4) provide a complete medical description of the ultrasound images, which shall include all of the following: the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. ``(c) Ability To Turn Eyes Away.--Nothing in this section shall be construed to prevent a pregnant woman from turning her eyes away from the ultrasound images required to be displayed and described to her. Neither the abortion provider nor the pregnant woman shall be subject to any penalty under this title if the pregnant woman declines to look at the displayed ultrasound images. ``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) Exception.--The provisions of section 3402 shall not apply to an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) Certification.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination. ``SEC. 3404. PENALTIES FOR FAILURE TO COMPLY. ``(a) Civil Penalties.-- ``(1) In general.--The Attorney General may commence a civil action in Federal court under this section against any abortion provider who knowingly commits an act constituting a violation of this title for a penalty in an amount not to exceed-- ``(A) $100,000 for each such violation that is adjudicated in the first proceeding against such provider under this title; and ``(B) $250,000 for each violation of this title that is adjudicated in a subsequent proceeding against such provider under this title. ``(2) Notification.--Upon the assessment of a civil penalty under paragraph (1), the Attorney General shall notify the appropriate State medical licensing authority. ``(b) Private Right of Action.--A woman upon whom an abortion has been performed in violation of this title may commence a civil action against the abortion provider for any violation of this title for actual and punitive damages. For purposes of the preceding sentence, actual damages are objectively verifiable money damages for all injuries.''. SEC. 3. PREEMPTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act. SEC. 4. SEVERABILITY. If any provision of this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and any application thereof shall not be affected by such finding.

Ultrasound Informed Consent Act Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, provide a simultaneous explanation of what the ultrasound is depicting, display the ultrasound images so the woman may view them, and provide a complete medical description of the images, including the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. Prohibits construing this Act to require a woman to view the images or penalizing the provider or the woman if she declines to look at the images. Exempts an abortion provider if the abortion is necessary to save the life of a woman whose life is endangered by a physical condition. Requires the provider to include in the woman's medical file a certification of the specific medical circumstances that support this determination. Authorizes the Attorney General to commence a civil action in federal court against any abortion provider who knowingly violates this Act. Prescribes penalties. Directs the Attorney General to notify the appropriate state medical licensing authority of penalties assessed. Authorizes a woman upon whom an abortion has been performed in violation of this Act to commence a civil action against the provider for actual and punitive damages.

Ultrasound Informed Consent Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmacy Education Aid Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Pharmacists are an important link in our Nation's health care system. A critical shortage of pharmacists is threatening the ability of pharmacies to continue to provide important prescription related services. (2) In the landmark report entitled ``To Err is Human: Building a Safer Health System'', the Institute of Medicine reported that medication errors can be partially attributed to factors that are indicative of a shortage of pharmacists (such as too many customers, numerous distractions, and staff shortages). (3) Congress acknowledged in the Healthcare Research and Quality Act of 1999 (Public Law 106-129) a growing demand for pharmacists by requiring the Secretary of Health and Human Services to conduct a study to determine whether there is a shortage of pharmacists in the United States and, if so, to what extent. (4) As a result of Congress' concern about how a shortage of pharmacists would impact the public health, the Secretary of Health and Human Services published a report entitled ``The Pharmacist Workforce: A Study in Supply and Demand for Pharmacists'' in December of 2000. (5) ``The Pharmacist Workforce: A Study in Supply and Demand for Pharmacists'' found that ``While the overall supply of pharmacists has increased in the past decade, there has been an unprecedented demand for pharmacists and for pharmaceutical care services, which has not been met by the currently available supply'' and that the ``evidence clearly indicates the emergence of a shortage of pharmacists over the past two years''. (6) The same study also found that ``The most striking evidence of a pharmacist shortage stems from demonstrably increased vacancy rates, difficulties in hiring, and unprecedented increases in the volume and range of activities demanded of today's pharmacist.'' (7) The study found that ``The factors causing the current shortage are of a nature not likely to abate in the near future without fundamental changes in pharmacy practice and education.'' The study projects that the number of prescriptions filled by community pharmacists will increase by 20 percent by 2004. In contrast, the number of community pharmacists is expected to increase by only 6 percent by 2005. (8) Regarding access to pharmacy services in rural areas, the study found that ``Remoteness, isolation from other professionals, lower economic returns, reduced opportunities for advancement, and other rural practice characteristics remain obstacles'' to attracting pharmacists. (9) In June 2002, the American Hospital Association's Commission on Workforce for Hospitals and Health Systems released a report entitled ``In Our Hands: How Hospital Leaders Can Build A Thriving Workforce''. The report included a finding that 46 percent of our Nation's hospitals are experiencing a shortage of pharmacists, with hospitals averaging a vacancy rate for pharmacists of 12.7 percent. (10) The demand for pharmacists will increase as prescription drug use continues to grow. SEC. 3. HEALTH PROFESSIONS PROGRAMS RELATED TO THE PRACTICE OF PHARMACY. Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following: ``Subpart 3--Pharmacy Workforce Development ``SEC. 781. LOAN REPAYMENT PROGRAM FOR PHARMACISTS SERVING IN CRITICAL SHORTAGE FACILITIES. ``(a) In General.--In the case of any individual-- ``(1) who has received a baccalaureate degree in pharmacy or a Doctor of Pharmacy degree from an accredited program; ``(2) who obtained an educational loan for pharmacy education costs; and ``(3) who is licensed without restrictions in the State in which the designated health care facility is located; the Secretary may enter into an agreement with such individual who agrees to serve as a full-time pharmacist for a period of not less than 2 years at a designated health care facility, to make payments in accordance with subsection (b), for and on behalf of that individual, on the principal of and interest on any loan of that individual described in paragraph (2) which is outstanding on the date the individual begins such service. ``(b) Manner of Payments.-- ``(1) In general.--The payments described in subsection (a) may consist of payment, in accordance with paragraph (2), on behalf of the individual of the principal, interest, and related expenses on government and commercial loans received by the individual regarding the undergraduate or graduate education of the individual (or both), which loans were made for-- ``(A) tuition expenses; ``(B) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the individual; or ``(C) reasonable living expenses as determined by the Secretary. ``(2) Payments for years served.-- ``(A) In general.--For each year of obligated service that an individual contracts to serve under subsection (a) the Secretary may pay up to $35,000 on behalf of the individual for loans described in paragraph (1). In making a determination of the amount to pay for a year of such service by an individual, the Secretary shall consider the extent to which each such determination-- ``(i) affects the ability of the Secretary to maximize the number of agreements that may be provided under this section from the amounts appropriated for such agreements; ``(ii) provides an incentive to serve in areas with the greatest shortages of pharmacists; and ``(iii) provides an incentive with respect to the pharmacist involved remaining in the area and continuing to provide pharmacy services after the completion of the period of obligated service under agreement. ``(B) Repayment schedule.--Any arrangement made by the Secretary for the making of loan repayments in accordance with this subsection shall provide that any repayments for a year of obligated service shall be made not later than the end of the fiscal year in which the individual completes such year of service. ``(3) Tax liability.--For the purpose of providing reimbursements for tax liability resulting from payments under paragraph (2) on behalf of an individual-- ``(A) the Secretary shall, in addition to such payments, make payments to the individual in an amount equal to 39 percent of the total amount of loan repayments made for the taxable year involved; and ``(B) may make such additional payments as the Secretary determines to be appropriate with respect to such purpose. ``(4) Payment schedule.--The Secretary may enter into an agreement with the holder of any loan for which payments are made under this section to establish a schedule for the making of such payments. ``(c) Preferences.--In entering into agreements under subsection (a), the Secretary shall give preference to qualified applicants with the greatest financial need. ``(d) Reports.-- ``(1) Annual report.--Not later than 18 months after the date of enactment of the Pharmacy Education Aid Act of 2003, and annually thereafter, the Secretary shall prepare and submit to Congress a report describing the program carried out under this section, including statements regarding-- ``(A) the number of applicants and contract recipients; ``(B) the amount of loan repayments made; ``(C) which educational institution the recipients attended; ``(D) the number and practice locations of the loan repayment recipients at health care facilities with a critical shortage of pharmacists; ``(E) the default rate and actions required; ``(F) the amount of outstanding default funds of the loan repayment program; ``(G) to the extent that it can be determined, the reason for the default; ``(H) the demographics of the individuals participating in the loan repayment program; and ``(I) an evaluation of the overall costs and benefits of the program. ``(2) 5-year report.--Not later than 5 years after the date of enactment of the Pharmacy Education Aid Act of 2003, the Secretary shall prepare and submit to Congress a report on how the program carried out under this section interacts with other Federal loan repayment programs for pharmacists and determining the relative effectiveness of such programs in increasing pharmacists practicing in underserved areas. ``(e) Application of Certain Provisions.-- ``(1) In general.--The provisions of section 338C, 338G, and 338I shall apply to the program established under this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program under subpart III of part D of title III, including the applicability of provisions regarding reimbursements for increased tax liability and bankruptcy. ``(2) Breach of agreement.--An individual who enters into an agreement under subsection (a) shall be liable to the Federal Government for the amount of the award under such agreement (including amounts provided for expenses related to such attendance), and for interest on such amount at the maximum legal prevailing rate, if the individual fails to provide health services in accordance with the program under this section for the period of time applicable under the program. ``(3) Waiver or suspension of liability.--In the case of an individual or health facility making an agreement for purposes of subsection (a), the Secretary shall provide for the waiver or suspension of liability under paragraph (2) if compliance by the individual or the health facility, as the case may be, with the agreement involved is impossible, or would involve extreme hardship to the individual or facility, and if enforcement of the agreements with respect to the individual or facility would be unconscionable. ``(4) Date certain for recovery.--Subject to paragraph (3), any amount that the Federal Government is entitled to recover under paragraph (2) shall be paid to the United States not later than the expiration of the 3-year period beginning on the date the United States becomes so entitled. ``(5) Availability.--Amounts recovered under paragraph (2) with respect to a program under this section shall be available for the purposes of such program, and shall remain available for such purposes until expended. ``(f) Definition.--In this section, the term `health care facility' means a facility with a critical shortage of pharmacists as determined by the Secretary. ``(g) Authorization of Appropriations.--For the purpose of payments under agreements entered into under subsection (a), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2004 through 2008. ``SEC. 782. PHARMACY FACULTY LOAN REPAYMENT PROGRAM. ``(a) Establishment of Program.--The Secretary shall establish a program under which the Secretary will enter into contracts with individuals described in subsection (b) and such individuals will agree to serve as faculty members of schools of pharmacy in consideration of the Federal Government agreeing to pay, for each year of such service, not more than $35,000 of the principal and interest of the educational loans of such individuals. ``(b) Eligible Individuals.--An individual is described in this subsection if such individual-- ``(1) has a baccalaureate degree in pharmacy or a Doctor of Pharmacy degree from an accredited program; or ``(2) is enrolled as a full-time student-- ``(A) in an accredited pharmacy program; and ``(B) in the final year of a course of a study or program, offered by such institution and approved by the Secretary, leading to a baccalaureate degree in pharmacy or a Doctor of Pharmacy degree from such a school. ``(c) Requirements Regarding Faculty Positions.--The Secretary may not enter into a contract under subsection (a) unless-- ``(1) the individual involved has entered into a contract with a school of pharmacy to serve as a member of the faculty of the school for not less than 2 years; and ``(2) the contract referred to in paragraph (1) provides that-- ``(A) the school will, for each year for which the individual will serve as a member of the faculty under contract with the school, make payments of the principal and interest due on the educational loans of the individual for such year in an amount equal to the amount of such payments made by the Secretary for the year; ``(B) the payments made by the school pursuant to subparagraph (A) on behalf of the individual will be in addition to the compensation that the individual would otherwise receive for serving as a member of such faculty; and ``(C) the school, in making a determination of the amount of compensation to be provided by the school to the individual for serving as a member of the faculty, will make the determination without regard to the amount of payments made (or to be made) to the individual by the Federal Government under subsection (a). ``(d) Applicability of Certain Provisions.--The provisions of sections 338C, 338G, and 338I shall apply to the program established in subsection (a) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III, including the applicability of provisions regarding reimbursements for increased tax liability and regarding bankruptcy. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2004 through 2008. ``SEC. 783. DEFINITIONS. ``In this subpart: ``(1) School of pharmacy.--The term `school of pharmacy' means a college or school of pharmacy (as defined in section 799B) that, in providing clinical experience for students, requires that the students serve in a clinical rotation in which pharmacist services are provided at or for-- ``(A) a medical facility that serves a substantial number of individuals who reside in or are members of a medically underserved community (as so defined); ``(B) an entity described in any of subparagraphs (A) through (L) of section 340B(a)(4) (relating to the definition of covered entity); ``(C) a health care facility of the Department of Veterans Affairs or of any of the Armed Forces of the United States; ``(D) a health care facility of the Bureau of Prisons; ``(E) a health care facility operated by, or with funds received from, the Indian Health Service; or ``(F) a disproportionate share hospital under section 1923 of the Social Security Act. ``(2) Pharmacist services.--The term `pharmacist services' includes drug therapy management services furnished by a pharmacist, individually or on behalf of a pharmacy provider, and such services and supplies furnished incident to the pharmacist's drug therapy management services, that the pharmacist is legally authorized to perform (in the State in which the individual performs such services) in accordance with State law (or the State regulatory mechanism provided for by State law).''.

Pharmacy Education Aid Act of 2003 - Amends the Public Health Service Act to permit payments of up to $35,000 on behalf of a qualifying individual with a pharmacy degree for the repayment of pharmacy education loans for each year (two-year minimum) that such person serves in a health care facility with a critical shortage of pharmacists. Provides for: (1) additional tax liability payments; (2) financial need preference; and (3) Federal repayment for recipient breach of agreement unless otherwise waived. Directs the Secretary to make payments of up to $35,000 on behalf of a qualifying individual with a pharmacy degree or in the final year of such study for the repayment of pharmacy educational loans for each year (two-year minimum) that such person serves as a faculty member at a school of pharmacy which provides assistance to: (1) medically underserved areas; (2) prisons; (3) veterans or the armed forces; (4) the Indian Health Service; or (5) a disproportionate share hospital under the Social Security Act .

To amend the Public Health Service Act with respect to health professions programs regarding the practice of pharmacy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Honesty in Energy Regulations Act of 2016''. SEC. 2. FINDINGS. Congress finds the following-- (1) As a tool to justify Federal actions by the Department of Energy and the Environmental Protection Agency (hereinafter in this section referred to as the ``EPA'') addressing greenhouse gas emissions, including those regulating or prohibiting the exploration, mining, production, and use of coal as well as other fossil fuels as energy sources, the Social Cost of Carbon (hereinafter in this section referred to as the ``SCC'') and the Social Cost of Methane (hereinafter in this section referred to as the ``SCM'') in theory represent the hypothetical cost of an incremental ton of carbon dioxide (CO<INF>2</INF>) or methane emissions in a given year. (2) Office of Management and Budget (hereinafter in this section referred to as the ``OMB'') Circular A-4 guides Federal agencies on the development of regulatory impact analysis required under Executive Order 12866 as well as other authorities, instructing agencies to include discount rates of 3 and 7 percent while also evaluating the cost and benefits that accrue to citizens and residents of the United States. (3) First developed in 2009 by an interagency working group, including the Department of Energy and the EPA, the SCC estimates fail to comply with OMB Circular A-4 prescribed discount rates of 3 and 7 percent. (4) While OMB Circular A-4 specifies that an evaluation of the global effects, when undertaken, is to be reported separately from domestic costs and benefits, the SCC instead calculated the global benefits in lieu of and not in addition to the domestic effects. (5) The use of the SCC estimates in Department of Energy and EPA rulemakings prior to any opportunity for public notice and comment violated not only scientific peer-review requirements but also the President's commitment to transparent and open government as outlined in his January 21, 2009, memorandum to the heads of executive departments and agencies. (6) In July 2015, as part of a revision of the SCC in response to over 150 substantive comments and in acknowledgment of the faulty process by which the SCC estimates were developed, the OMB requested the National Academies of Science, Engineering and Medicine (hereinafter in this section referred to as the ``NAS'') review and make recommendations for the improvement of the SCC estimates. (7) Shortly after the commencement of the NAS review, the EPA, without appropriate peer review and an opportunity for public notice and comment, utilized the EPA-developed SCM estimates in justifying the costs and benefits of the September 2015 proposed and recently finalized rules under the Clean Air Act for methane emissions from new, modified, and reconstructed sources in the oil and gas sector. (8) Continued use by the Department of Energy and the EPA of the SCC and the SCM ignores sound science in order to eliminate the exploration, mining, production, and use of our abundant domestic sources of fossil fuel energy. (9) The Department of Energy and EPA regulations, which are costing American families billions of dollars per year, are being justified in large part by SCC and SCM estimates. SEC. 3. PROHIBITION ON CONSIDERING THE SOCIAL COST OF CARBON AND THE SOCIAL COST OF METHANE. The Secretary of Energy, when acting under any authority, and the Administrator of the Environmental Protection Agency, when acting under the authority of the Clean Air Act (42 U.S.C. 7401 et seq.), may not consider the social cost of carbon or the social cost of methane as part of any cost benefit analysis required under law or under Executive Order 12866 or 13563, in any rulemaking, in the issuance of any guidance, or in taking any other agency action, or as a justification for any rulemaking, guidance document, or agency action, unless a Federal law is enacted, after the date of enactment of this Act, explicitly authorizing such consideration. SEC. 4. REPORT OF THE ADMINISTRATOR OF THE EPA. Not later than 120 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in coordination and consultation with the Secretary of Energy, the Secretary of the Interior, and the Council on Environmental Quality shall submit a report to the Committees on Energy and Commerce and on Natural Resources of the House of Representatives and the Committees on the Environment and Public Works and on Energy and Natural Resources of the Senate, detailing the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use the social cost of carbon or the social cost of methane, including as part of any cost benefit analysis required under Executive Order 12866 and other relevant authorities. SEC. 5. DEFINITIONS. In this Act: (1) The term ``social cost of carbon'' means-- (A) the social cost of carbon as described in-- (i) the document entitled ``Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'' published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; or (ii) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'' published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, and revised in November 2013 and July 2015, or any other successor or substantially related document; or (B) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (2) The term ``social cost of methane'' means the estimate of the social cost of methane-- (A) as described in-- (i) the proposed rule entitled ``Oil and Natural Gas Sector: Emission Standards for New and Modified Sources'' published by the Environmental Protection Agency in the Federal Register on September 18, 2015 (80 Fed. Reg. 56593); (ii) the final rule entitled ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' published by the Environmental Protection Agency in the Federal Register on June 3, 2016 (81 Fed. Reg. 35824); or (iii) the ``Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016, and identified by docket ID number EPA-HQ-OAR-2010-0505-7630; or (B) any other successor or substantially related estimate.

Transparency and Honesty in Energy Regulations Act of 2016 This bill prohibits the Department of Energy and the Environmental Protection Agency (EPA) from considering the social cost of carbon or methane as part of any cost benefit analysis, unless a federal law is enacted authorizing such consideration. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use either of those social costs, including as part of any cost benefit analysis required under Executive Order 12866 and other relevant authorities.

Transparency and Honesty in Energy Regulations Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Fairness and Tax Relief Act of 2003''. SEC. 2. AGREEMENTS WITH STATES HAVING QUALIFIED WORKER TRAINING PROGRAMS. (a) In General.--Any State, the State unemployment compensation law of which is approved by the Secretary of Labor (hereinafter in this Act referred to as the ``Secretary'') under section 3304 of the Internal Revenue Code of 1986, which desires to do so, may enter into and participate in an agreement with the Secretary under this Act, if such State law contains (as of the date such agreement is entered into) a requirement that special unemployment assistance be payable to individuals participating in a qualified worker training program, as described in subsection (b). Any State which is a party to an agreement under this Act may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Qualified Worker Training Program.--For purposes of this Act, the term ``qualified worker training program'' means a program-- (1) under which individuals who meet the requirements described in paragraph (3) are eligible to receive special unemployment assistance while participating in the program; (2) under which the assistance described in paragraph (1) is payable in the same amount, at the same interval, on the same terms, and subject to the same conditions, as regular compensation under the State law, except that-- (A) State requirements relating to availability for work, active search for work, and refusal to accept work are not applicable to such individuals; (B) assistance shall not be payable after the end of the 12-month period following the last day of the individual's benefit year; and (C) such individuals are considered to be unemployed for the purposes of Federal and State laws applicable to unemployment compensation, as long as such individuals meet the requirements applicable under this subsection; (3) under which individuals may receive the assistance described in paragraph (1) if such individuals-- (A)(i)(I) have exhausted all rights to regular compensation under the State law; (II) have exhausted all rights to extended compensation, or are not entitled thereto, because of the ending of their eligibility for extended compensation, in such State; (ii) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; (iii) are not receiving compensation with respect to such week under the unemployment compensation law of Canada or any other foreign country; (B)(i) were terminated as a result of any permanent closure of a plant or facility; or (ii) are identified pursuant to a State worker profiling system as individuals who-- (I) are long-term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which they reside; (II) are otherwise unlikely to return to their previous industry or occupation; or (III) satisfy such other criteria as may be established in or under the agreement for purposes of this subclause; and (C) are actively participating in training activities approved by the State agency preparing them for suitable reemployment; and (4) which meets such other requirements as the Secretary determines to be appropriate. SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS. (a) In General.--There shall be paid to each State which has entered into an agreement under this Act an amount equal to the applicable percentage of the covered costs of the qualified worker training program of such State. (b) Definitions.--For purposes of this section: (1) Applicable percentage.--The term ``applicable percentage'', with respect to a State which has entered into an agreement under this Act, means-- (A) during each of the first 3 calendar years beginning on the date on which such agreement is entered into, 100 percent; and (B) during each calendar year thereafter, 50 percent. (2) Covered costs.--The term ``covered costs'', with respect to a qualified worker training program, means-- (A) the amount of special unemployment assistance (as described in section 3(b)(1)) paid under such program; and (B) such amount as the Secretary determines to be necessary for the proper and efficient administration of such program. (c) Method of Payment.--Sums payable to any State by reason of such State's having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. SEC. 4. FINANCING PROVISIONS. (a) In General.--Payments to States under section 3 shall be made in accordance with this section. (b) Certifications.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from general funds in the Treasury to-- (1) the account of such State in the Unemployment Trust Fund, to the extent that such payment is allocable to costs described in section 3(b)(2)(A); and (2) such fund or other repository as may be agreed upon by the Secretary and the State agency of the State involved, to the extent that such payment is allocable to costs described in section 3(b)(2)(B). SEC. 5. DEFINITIONS. For purposes of this Act, the terms ``State'', ``State law'', ``State agency'', ``regular compensation'', ``extended compensation'', ``benefit year'', and ``week'' shall have the respective meanings assigned to them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. SEC. 6. REPORTS BY THE SECRETARY OF LABOR. The Secretary shall prepare and transmit to the Congress on an annual basis a written report on the operation of this Act, including-- (1) an assessment of this Act's effectiveness within those States having an agreement in effect under this Act during the period covered by the report; (2) the name of any State whose request to enter into an agreement under this Act was disapproved during the period covered by the report, including the reasons for each such decision; and (3) such other information as the Secretary considers appropriate. SEC. 7. REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION. (a) In General.--Section 85 of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming Amendments.-- (1) Subsection (p) of section 3402 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) Section 6050B of such Code (relating to returns relating to unemployment compensation) is hereby repealed. (3) The table of sections for part II of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 85. (4) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6050B. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2002.

Workforce Fairness and Tax Relief Act of 2003 - Authorizes Federal payments to States for certain portions of a State's special unemployment assistance for individuals participating in qualified worker training programs. Provides for payment agreements between the Secretary of Labor and States that: (1) have a State unemployment compensation law approved by the Secretary; and (2) are required by State law to pay such special assistance to such trainees. Amends the Internal Revenue Code to repeal the tax on unemployment compensation.

To provide for the payment or reimbursement by the Federal Government of special unemployment assistance paid by States to individuals participating in qualified worker training programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Equity Act''. SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFINITION OF LAW ENFORCEMENT OFFICER FOR PURPOSES OF RETIREMENT. (a) Federal Employees Retirement System.--Section 8401(17) of title 5, United States Code, is amended-- (1) in subparagraph (C)-- (A) by striking ``subparagraph (A) and (B)'' and inserting ``subparagraphs (A), (B), (E), (F), (G), (H), and (I)''; and (B) by striking ``and'' at the end; and (2) by adding at the end the following: ``(E) an employee not otherwise covered by this paragraph-- ``(i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and ``(ii) who is authorized to carry a firearm; ``(F) an employee of the Internal Revenue Service, the duties of whose position are primarily the-- ``(i) collection of delinquent taxes; and ``(ii) securing of delinquent returns; ``(G) an employee of the United States Postal Inspection Service; ``(H) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38; and ``(I) an employee of U.S. Customs and Border Protection-- ``(i) who is a seized property specialist in the GS-1801 job series; and ``(ii) the duties of whose position include activities relating to the efficient and effective custody, management, and disposition of seized and forfeited property;''. (b) Civil Service Retirement System.--Section 8331(20) of title 5, United States Code, is amended, in the matter preceding subparagraph (A)-- (1) by inserting ``and an individual described in any of subparagraphs (E) through (I) of section 8401(17)'' after ``United States''; and (2) by striking ``this activity'' and inserting ``such activity or described in any such subparagraph''. (c) Application.--The amendments made by this section shall apply to any-- (1) individual who is appointed as a law enforcement officer-- (A) as defined in section 8331(20) or 8401(17) of title 5, United States Code (as amended by this section); and (B) on or after the date of enactment of this Act; and (2) incumbent (as defined in section 3(a)(3)), consistent with the requirements of section 3. SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Office of Personnel Management; (2) the term ``Fund'' means the Civil Service Retirement and Disability Fund; (3) the term ``incumbent'' means an individual who-- (A) was appointed as a law enforcement officer before the date of enactment of this Act; and (B) is serving as a law enforcement officer on the date of enactment of this Act; (4) the term ``law enforcement officer'' means an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code, by virtue of the amendments made by section 2; (5) the term ``prior service'' means, with respect to an incumbent who makes an election under subsection (b)(2), service performed by the incumbent before the date on which appropriate retirement deductions begin to be made under the election; and (6) the term ``service'' means service performed by an individual as a law enforcement officer. (b) Treatment of Service Performed by Incumbents.-- (1) Service on or after date of enactment.--Service performed by an incumbent on or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer. (2) Service before date of enactment.--Service performed by an incumbent before the date of enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer only if the incumbent submits a written election to the Director by the earlier of-- (A) the date that is 5 years after the date of enactment of this Act; or (B) the day before the date on which the incumbent separates from the service. (c) Individual Contributions for Prior Service.-- (1) In general.--An incumbent who makes an election under subsection (b)(2) may, with respect to prior service performed by the incumbent, pay a deposit into the Fund equal to the sum of-- (A) the difference between-- (i) the amount that would have been deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code, from the pay of the incumbent if the amendments made by section 2 had been in effect during the prior service; and (ii) the amount that was deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed under-- (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Effect of not contributing.--If an incumbent does not pay the full amount of the deposit described in paragraph (1), all prior service of the incumbent-- (A) shall remain fully creditable as a law enforcement officer; and (B) the resulting annuity shall be reduced-- (i) in a manner similar to that described in section 8334(d)(2) of title 5, United States Code; and (ii) to the extent necessary to make up the amount unpaid. (d) Government Contributions for Prior Service.-- (1) In general.--If an incumbent makes an election under subsection (b)(2), an agency that employed the incumbent during any prior service of the incumbent shall remit to the Director, for deposit in the Fund, an amount equal to the sum of-- (A) the difference between-- (i) the total amount of Government contributions that would have been paid under section 8334 or 8423 of title 5, United States Code, if the amendments made by section 2 had been in effect during the prior service; and (ii) the total amount of Government contributions paid under section 8334 or 8423 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with-- (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Contributions to be made ratably.--Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (not less frequently than annually) over the 10-year period beginning on the date described in subsection (a)(5). (e) Exemption From Mandatory Separation.--Notwithstanding section 8335(b) or 8425(b) of title 5, United States Code, a law enforcement officer shall not be subject to mandatory separation during the 3-year period beginning on the date of enactment of this Act. (f) Regulations.--The Director shall prescribe regulations to carry out this Act, including regulations for the application of this section in the case of any individual entitled to a survivor annuity (based on the service of an incumbent who dies before making an election under subsection (b)(2)), to the extent of any rights that would have been available to the decedent if still living. (g) Rule of Construction.--Nothing in this section shall be considered to apply in the case of a reemployed annuitant.

Law Enforcement Officers Equity Act This bill expands the definition of "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered whose duties include the investigation or apprehension of suspected or convicted criminals and who are authorized to carry a firearm; (2) Internal Revenue Service employees whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns; (3) U.S. Postal Inspection Service employees; (4) Department of Veterans Affairs police officers; and (5) certain U.S. Customs and Border Protection employees who are seized-property specialists with duties relating to custody, management, and disposition of seized and forfeited property. Service performed by an incumbent (an individual appointed before enactment of this bill to a position that is considered to be a law enforcement officer under FERS and the CSRS only by virtue of the expanded definition in this bill) on or after enactment of this bill shall be treated as service performed as a law enforcement officer. Service performed by an incumbent before enactment of this bill shall be treated for federal retirement purposes as service performed as such an officer only if a written election is submitted to the Office of Personnel Management within five years after enactment of this bill or before separation from service, whichever is earlier. An incumbent who makes an election before enactment of this bill may pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. Nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the mandatory separation of an officer during the three-year period beginning on the enactment of this bill.

Law Enforcement Officers Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Get the Lead Out of Schools Act''. SEC. 2. SCHOOL TESTING AND NOTIFICATION; GRANT PROGRAM. Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is amended by adding at the end the following: ``(e) Testing and Notification Requirements for Public Water Systems That Serve Schools.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate a national primary drinking water regulation for school drinking water that-- ``(1) establishes a lead action level that is not less than the lead action level established by the Administrator under section 1412(b); ``(2) requires each public water system to sample for lead in the drinking water at such schools as the Administrator determines to have a risk of lead in the drinking water at a level that meets or exceeds the lead action level established under paragraph (1); and ``(3) in the case of results of sampling under paragraph (2) that indicate that the drinking water of a school contains lead that meets or exceeds the lead action level established under paragraph (1), requires the public water system that serves the school to notify the local educational agency that has jurisdiction over the school, the relevant local health agencies, the municipality, and the State as soon as practicable, but not later than 5 business days after the date on which the public water system receives the sampling results. ``(f) School Lead Testing and Remediation Grant Program.-- ``(1) Definition of eligible entity.--In this subsection, the term `eligible entity' means-- ``(A) a local educational agency (as defined in subsection (d)(1)); or ``(B) a State agency that administers a statewide program to test for, or remediate, lead contamination in drinking water. ``(2) Grants authorized.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall establish a grant program to make grants available to eligible entities to test for, and remediate, lead contamination in school drinking water. ``(3) Use of funds.-- ``(A) In general.--An eligible entity that receives a grant under this subsection may use grant funds-- ``(i) to recover the costs incurred by the eligible entity for testing for lead contamination in school drinking water conducted by an entity approved by the Administrator or the State to conduct the testing; or ``(ii) to replace lead pipes, pipe fittings, plumbing fittings, and fixtures of any school with drinking water that contains a level of lead that meets or exceeds the action level established by the Administrator under subsection (e)(1) with lead free (as defined in section 1417) pipes, pipe fittings, plumbing fittings, and fixtures. ``(B) Limitation.--Not more than 5 percent of grant funds accepted under this subsection shall be used to pay the administrative costs of testing for, or remediation of, lead contamination. ``(4) Guidance; public availability.--As a condition of receiving a grant under this subsection, an eligible entity shall-- ``(A) expend grant funds in accordance with-- ``(i) the guidance of the Environmental Protection Agency entitled `3Ts for Reducing Lead in Drinking Water in Schools: Revised Technical Guidance' and dated October 2006 (or any successor guidance); or ``(ii) applicable State regulations or guidance regarding the reduction of lead in drinking water in schools that is not less stringent than the guidance referred to in clause (i), as determined by the Administrator; ``(B) make publicly available, including, to the maximum extent practicable, on the Internet website of the eligible entity, a copy of the results of any testing for lead contamination in school drinking water that is carried out with funds under this subsection; and ``(C) notify parent, teacher, and employee organizations of the availability of the results described in subparagraph (B).''.

Get the Lead Out of Schools Act This bill amends the Safe Drinking Water Act to require the Environmental Protection Agency (EPA) to promulgate a national primary drinking water regulation for schools and day care facilities that: (1) establishes a lead action level (a level of lead in drinking water that triggers additional actions to control lead contamination) of at least 15 parts per billion; (2) directs each public water system to sample for lead in the drinking water at schools and day care facilities if the EPA determines there is a risk that the lead in the drinking water will meet or exceed the action level; and (3) directs public water systems that serve schools or day cares that meet or exceed the action level to notify the local educational agency, the relevant local health agencies, the municipality, and the state as soon as practicable, but no later than five business days after the system receives the sampling results. The EPA must also establish a grant program for: (1) testing drinking water in schools and day care facilities for lead contamination, and (2) remediating lead contamination in such drinking water by replacing lead pipes and certain plumbing materials with lead-free material.

Get the Lead Out of Schools Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Theodore Roosevelt Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Theodore Roosevelt, one of America's greatest presidents, was born on October 27, 1858, in New York City, New York. (2) At the young age of 23, Theodore Roosevelt was elected to the first of 3 terms as a representative in the New York State Assembly (1882-1884). (3) From 1895-1897, Theodore Roosevelt served as Commissioner of the New York City Police Department. (4) While serving as Assistant Secretary of the Navy under President William McKinley (1897-1898), Theodore Roosevelt organized the First United States Volunteer Cavalry Regiment, popularly known as the ``Rough Riders'', and then served as Colonel of this regiment during the Spanish-American War. (5) From 1898-1900, Theodore Roosevelt served as Governor of New York. (6) In 1900, with the election of President McKinley, Theodore Roosevelt was elected as the 25th Vice-President of the United States. (7) Becoming the 26th President of the United States the following year, Theodore Roosevelt took a very active role in foreign affairs, establishing the United States as a new world power, and instituted broad reforms, at home, particularly with respect to labor, monopolies, and conservation, until the end of his presidency in 1909. (8) On January 16, 2001, Theodore Roosevelt was posthumously awarded the Congressional Medal of Honor for leading a charge up the San Juan Heights in Cuba during the Spanish-American War, shortly before the war ended, thereby becoming the first President of the United States to be awarded the Congressional Medal of Honor. (9) 2006 will mark the 100th anniversary of Theodore Roosevelt receiving the Nobel Peace Prize, the first citizen of the United States to receive such prize, for drawing up the 1905 peace treaty ending the Russo-Japanese War. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $1 silver coins with rough rider design on obverse.-- Not more than 500,000 $1 coins bearing the designs specified in section 4(a)(2), each of 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. (2) $1 silver coins with adventurer design on obverse.--Not more than 500,000 $1 coins bearing the designs specified in section 4(a)(3), each of 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 section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Use of the United States Mint at West Point, New York.--It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New York, to the greatest extent possible. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall-- (A) be emblematic of the life and legacy of President Theodore Roosevelt; and (B) use the designs of James Earle Fraser or Augustus Saint-Gaudens, 2 sculptors most closely associated with the revitalization of the United States coinage, commonly referred to as the ``Golden Age of American Coin Design'', that was initiated by President Theodore Roosevelt. (2) $1 coins with rough rider design.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(1) shall bear the image of Theodore Roosevelt as a Rough Rider that was used on the James Earle Fraser medal of 1920. (B) Reverse.--The reverse of the coins minted under section 3(a)(1) shall bear the eagle design, with motto, from the $20 gold ``double eagle'' coin produced between 1907 and 1933 and designed by Augustus Saint- Gaudens. (3) $1 coins with adventurer design.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(2) shall bear the image of Theodore Roosevelt on horseback, based on James Earle Fraser's monumental 16-foot high bronze equestrian figure of Roosevelt that-- (i) stands at the east front of the American Museum of Natural History in New York City; and (ii) recognizes Roosevelt's lifelong activity as a naturalist and conservationist and emphasizes him as an adventurer, outdoorsman, and hunter. (B) Reverse.--The reverse of the coins minted under section 3(a)(2) shall bear the design based on the reverse designs by James Earle Fraser used on the Roosevelt Memorial Association Medal of Honor and the Association's Founders Medal that-- (i) depict the crusader's flaming sword of righteousness and evoke ``Big Stick'' philosophy President Roosevelt espoused; and (ii) to the left and right of the flaming sword in four lines bear the quotation ``If I Must Choose Between Righteousness and Peace, I Choose Righteousness.'' from Roosevelt's historical work, ``Unwise Peace Treaties''. (4) 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 (2) reviewed by the citizens advisory committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2006, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (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. (d) Sales of Single Coins and Sets of Coins.--Coins of each design specified under section 4 may be sold separately or as a set containing a coin of each such design. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, operated by the National Park Service, including for the construction and maintenance of a visitor's center. (c) Audits.--The Theodore Roosevelt Association shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than: (1) 500,000 $1 coins with the image of Theodore Roosevelt as a Rough Rider on one side and an eagle design on the other side; and (2) 500,000 $1 coins with the image of Roosevelt on horseback on one side and a flaming sword of righteousness on the other side. Calls for the coins to be struck at the U.S. Mint at West Point, New York. Authorizes the Secretary to issue such minted coins beginning on January 1, 2006, and to initiate coin sales before such date (2006 will mark the 100th anniversary of Roosevelt receiving the Nobel Peace Prize). Requires surcharges from the sale of the coins to be paid to the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, including for construction and maintenance of a visitor's center.

To require the Secretary of the Treasury to mint coins in commemoration of the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leave Ethanol Volumes at Existing Levels Act'' or the ``LEVEL Act''. SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM. (a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended to read as follows: ``(1) Definitions.--In this section: ``(A) Cellulosic biomass ethanol.--The term `cellulosic biomass ethanol' means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including-- ``(i) dedicated energy crops and trees; ``(ii) wood and wood residues; ``(iii) plants; ``(iv) grasses; ``(v) agricultural residues; ``(vi) fibers; ``(vii) animal wastes and other waste materials; and ``(viii) municipal solid waste. The term also includes any ethanol produced in facilities where animal wastes or other waste materials are digested or otherwise used to displace 90 percent or more of the fossil fuel normally used in the production of ethanol. ``(B) Waste derived ethanol.--The term `waste derived ethanol' means ethanol derived from-- ``(i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or ``(ii) municipal solid waste. ``(C) Renewable fuel.-- ``(i) In general.--The term `renewable fuel' means motor vehicle fuel that-- ``(I)(aa) is produced from grain, starch, oilseeds, vegetable, animal, or fish materials including fats, greases, and oils, sugarcane, sugar beets, sugar components, tobacco, potatoes, or other biomass; or ``(bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and ``(II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. ``(ii) Inclusion.--The term renewable fuel includes-- ``(I) cellulosic biomass ethanol and waste derived ethanol; and ``(II) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) and any blending components derived from renewable fuel (provided that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection). ``(D) Small refinery.--The term `small refinery' means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.''. (b) Renewable Fuel Program.--Paragraph (2) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows: (1) Regulations.--Clause (i) of subparagraph (A) is amended by striking the last sentence. (2) Applicable volumes of renewable fuel.--Subparagraph (B) is amended to read as follows: ``(B) Applicable volume.--For the purpose of subparagraph (A), the applicable volume of renewable fuel for each calendar year shall be 7,500,000,000 gallons.''. (c) Applicable Percentages.--Paragraph (3) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows: (1) In subparagraph (A), by striking ``each of calendar years 2005 through 2021'' and inserting ``each calendar year''. (2) In subparagraph (A), by striking ``transportation fuel, biomass-based diesel, and cellulosic biofuel'' and inserting ``gasoline''. (3) In subparagraph (B)(i), by striking ``each of calendar years 2005 through 2021'' and inserting ``each calendar year''. (4) In subparagraph (B), by striking ``transportation fuel'' and inserting ``gasoline'' in clause (ii)(II). (d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read as follows: ``(4) Cellulosic biomass ethanol or waste derived ethanol.--For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.''. (e) Credit Program.--Paragraph (5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E). (f) Waivers.-- (1) In general.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended-- (A) in subparagraph (A), by striking ``, by any person subject to the requirements of this subsection, or by the Administrator on his own motion''; and (B) by inserting ``State'' before ``petition for a waiver'' in subparagraph (B). (2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraph (D). (3) Biomass-based diesel.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraphs (E) and (F). (g) Periodic Reviews.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (11). (h) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (12). (i) Regulations.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking paragraph (2) of subsection (v). (j) Other Provisions.-- (1) Environmental and resource conservation impacts.-- Section 204(b) of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed. (2) Effective date, savings provision, and transition rules.--Section 210 of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed. (k) Effective Date.--The amendments made by this section shall take effect on January 1 of the first calendar year following the date of enactment of this Act. (l) Estimates for First Calendar Year.--Prior to January 1 of the first calendar year following the date of enactment of this Act-- (1) the Administrator of the Energy Information Administration shall provide to the Administrator of the Environmental Protection Agency an estimate, under section 211(o)(3) of the Clean Air Act, as amended by this Act, with respect to such calendar year, of the volumes of gasoline projected to be sold or introduced into commerce in the United States; and (2) based on the estimate provided under paragraph (1), the Administrator of the Environmental Protection Agency shall determine and publish in the Federal Register, with respect to such calendar year, the renewable fuel obligation for such calendar year under section 211(o)(3) of the Clean Air Act, as amended by this Act. SEC. 3. PROHIBITION OF AUTHORIZATION OF HIGHER ETHANOL BLENDS. (a) Prohibition.--Notwithstanding any provision of the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental Protection Agency may not permit or authorize (including by granting a waiver through the fuels and fuel additives waiver process under section 211(f)(4) of such Act (42 U.S.C. 7545(f)(4))) the introduction into commerce of gasoline that-- (1) contains greater than 10-volume-percent ethanol; (2) is intended for general use in conventional gasoline- powered onroad or nonroad vehicles or engines; and (3) is not, on or before the date of enactment of this Act-- (A) registered in accordance with section 211(b) of such Act (42 U.S.C. 7545(b)); and (B) lawfully sold in the United States. (b) Repeal of Existing Waivers.-- (1) In general.--Any waiver described in paragraph (2) is repealed and shall have no force or effect. (2) Waiver.--A waiver described in this paragraph-- (A) is a waiver granted pursuant to section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) prior to the date of enactment of this Act that permits or authorizes the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol for general use in conventional gasoline- powered onroad or nonroad vehicles or engines; and (B) includes the following: (i) ``Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'' published at 75 Fed. Reg. 68094 (November 4, 2010). (ii) ``Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'' published at 76 Fed. Reg. 4662 (January 26, 2011). (3) Exception.--Paragraph (1) shall not apply with respect to a waiver to the extent such waiver permits or authorizes the introduction into commerce of gasoline-- (A) that is described in paragraph (2)(A); and (B) that is, on or before the date of enactment of this Act-- (i) registered in accordance with section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)); and (ii) lawfully sold in the United States. (c) Study.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall conduct, and submit to Congress the results of, a comprehensive study on-- (1) the effects of the introduction into commerce of an ethanol-gasoline blend described in subsection (b)(2)(A) on consumer products, including-- (A) onroad and nonroad vehicles; (B) nonroad engines (such as lawn mowers); and (C) any other applicable gasoline-powered vehicles, engines, and devices; (2) the impact of an ethanol-gasoline blend described in subsection (b)(2)(A) on-- (A) engine performance of conventional gasoline- powered onroad and nonroad vehicles and nonroad engines; (B) emissions from the use of the blend; and (C) materials compatibility and consumer safety issues associated with the use of such blend (including the identification of insufficient data or information for some or all of such vehicles and engines with respect to each of the issues described in this subparagraph and subparagraphs (A) and (B)); and (3) the ability of wholesale and retail gasoline distribution infrastructure, including bulk storage, retail storage configurations, and retail equipment (including certification of equipment compatibility by independent organizations), to introduce such an ethanol-gasoline blend into commerce without widespread intentional or unintentional misfueling by consumers.

Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act This bill amends the Clean Air Act to revise the renewable fuel program by decreasing the volume of renewable fuel that must be contained in motor vehicle fuel in 2015 through 2022 to 7.5 billion gallons for each year. The separate volume requirements are eliminated for the following renewable fuel categories: advanced biofuels, cellulosic biofuel (ethanol derived from certain types of biological matter), and biomass-based diesel. The bill revokes the requirement that the Environmental Protection Agency (EPA) ensure that renewable fuels emit fewer greenhouse gases than the fuel it replaces. One gallon of cellulosic biomass ethanol or waste-derived ethanol is considered to be equal to 2.5 gallons of renewable fuel. Petitions for waivers from requirements under the renewable fuel program may not be brought to the EPA by a person who is subject to the requirements of the program. The EPA may not permit or authorize the introduction into commerce of gasoline that: (1) contains greater than 10% ethanol by volume, (2) is intended for general use in conventional gasoline-powered vehicles or engines, and (3) is not registered under the program and lawfully sold in the United States before this Act's enactment. This prohibition applies to EPA grants of waivers through the fuels and fuel additives waiver process as well. This bill nullifies waivers that permit the introduction into commerce of gasoline that contains greater than 10% ethanol by volume for general use in conventional gasoline-powered vehicles or engines, except for waivers for gasoline that is registered and lawfully sold in the United States before this Act's enactment.

LEVEL Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Labor Evaluation and Research Act'' or the ``CLEAR Act''. SEC. 2. DEFINITIONS. In this Act: (1) Applied research.--The term ``applied research'' means research-- (A) to gain knowledge or understanding necessary for determining the means by which a recognized and specific need may be met; and (B) that is specifically directed to the advancement of practice concerning the issues and fields under the jurisdiction of the Department. (2) Basic research.--The term ``basic research'' means research-- (A) to gain fundamental knowledge or understanding of phenomena and observable factors, without specific application toward processes or products; and (B) for the advancement of knowledge concerning the issues and fields under the jurisdiction of the Department. (3) Chief evaluation officer.--The term ``Chief Evaluation Officer'' means the Chief Evaluation Officer of the Office of Labor Evaluation and Research. (4) Department.--The term ``Department'' means the Department of Labor. (5) Dissemination.--The term ``dissemination'' means the communication and transfer of the information involved and the results of the scientifically valid evaluations and other research involved, in forms that are understandable, are easily accessible, and are usable or adaptable, by practitioners, researchers, policymakers, and the public, through (to the extent practicable) technical assistance, publications, electronic transfer, and other means. (6) Evidence-based research standards.--The term ``evidence-based research standards'' means standards for research (including evaluations)-- (A) that applies rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to programs and activities under the jurisdiction of the Department; and (B) for which the findings and claims are appropriate to and supported by the methods that have been employed; (C) that includes, as appropriate to the research being conducted-- (i) employing systematic, empirical methods that draw on observation or experiment; (ii) employing data analyses that are adequate to support the general findings; (iii) relying on measurements or observational methods that provide reliable data; and (iv) making claims of causal relationships, if the research has a research design that substantially eliminates plausible competing explanations for the obtained results, such as random assignment experiments; and (D) for which the studies and methods are presented in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research. (7) Office.--The term ``Office'' means the Office of Labor Evaluation and Research. (8) Related to labor.--The term ``related to labor'', used with respect to an issue, means an issue under the jurisdiction of the Department. (9) Scientifically valid evaluation.--The term ``scientifically valid'', used with respect to an evaluation, means an evaluation that-- (A) adheres to the highest possible standards of quality with respect to research design and statistical analysis; (B) provides an adequate description of what is being evaluated and, to the extent possible, examines the relationship between implementation and impacts of the program or activities being evaluated; (C) provides an analysis of the results achieved by the program or activities with respect to the projected effects for the program or activities; (D) employs experimental designs using random assignment, when feasible and appropriate, or other research designs or methodologies that allow for the strongest possible causal inferences when random assignment is not feasible or appropriate; and (E) may study implementation of the program or activities through a combination of scientifically valid and reliable methods. (10) Scientifically valid research.--The term ``scientifically valid'', used with respect to research, includes applied research and basic research in which the rationale, design, and interpretation are soundly developed in accordance with evidence-based research standards. (11) Secretary.--The term ``Secretary'' means the Secretary of Labor. (12) Technical assistance.--The term ``technical assistance'' means-- (A) assistance in identifying, selecting, or designing-- (i) evaluations and other research; or (ii) solutions based on evaluations and other research; (B) assistance in interpreting, analyzing, and utilizing statistics and evaluations; and (C) other assistance necessary to applying techniques supported by scientifically valid research. SEC. 3. OFFICE OF LABOR EVALUATION AND RESEARCH. (a) Establishment.--There is established in the Department an Office of Labor Evaluation and Research, to be headed by a Chief Evaluation Officer, as described in subsection (c). (b) Mission.--The mission of the Office is to coordinate, manage, and implement the Department's evaluation and other research programs. The Office shall collaborate with agencies in the Department, and other Federal agencies, to ensure that evaluations of issues related to labor meet evidence-based research standards and that the results of the evaluations are widely disseminated. (c) Chief Evaluation Officer.-- (1) Appointment.--The Secretary shall appoint the Chief Evaluation Officer. (2) Qualifications.--To be qualified to be appointed as the Chief Evaluation Officer, an individual shall have substantial knowledge relating to the functions of the Office, including a high level of expertise in-- (A) evaluations, other research, and policymaking using evaluations and other research that meet evidence-based research standards; and (B) the management of the activities described in subparagraph (A). (3) Expert guidance and assistance.--The Chief Evaluation Officer may establish technical and scientific peer review groups and scientific program advisory committees, for evaluations and other research, that the Chief Evaluation Officer determines are necessary to carry out the requirements of this section. (d) Functions.--The Chief Evaluation Officer shall-- (1) coordinate, manage, and implement a Department-wide program of evaluations and other research that meet evidence- based research standards; (2) provide leadership in expanding the fundamental knowledge and understanding of issues related to labor; (3) conduct rigorous, scientifically valid evaluations and other research (including basic research and applied research), that will assist agencies in the Department to measure the effectiveness of programs and activities and progress in meeting and exceeding goals and outcomes; (4) assist agencies in the Department in meeting statutory requirements for evaluations and reports; (5) assist agencies in the Department in establishing and refining structures, resulting from evaluations and other research that meet evidence-based research standards, for programs, activities, and operations; (6) assist agencies in the Department in using findings and other results from evaluations and other research that meet evidence-based research standards; (7) measure the impacts of core programs and activities, evaluate new programs and activities, and test the relative effectiveness of alternative practices for programs and activities; (8) carry out significant data analytics activities to strengthen management, evaluations, and other research, for programs and activities; (9) conduct and evaluate pilot and demonstration programs that will assist in identifying effective approaches in addressing issues related to labor; (10) establish necessary procedures for technical and scientific peer review of the evaluations and other research carried out by the Office; (11) solicit and consider the recommendations of stakeholders in order to ensure there is broad and regular public and professional input in the planning and carrying out of the activities of the Office; (12) identify priority topics that may require long-term evaluation and other research; (13) coordinate evaluation, other research, and related activities carried out by the Office with such evaluation, research, and activities carried out by other agencies in the Federal Government; and (14) widely disseminate evaluation and other research results and information through the Clearinghouse for Labor Evaluation and Research described in subsection (f) and through other appropriate means described in section 2(5), in manners that are accessible to a broad range of stakeholders. (e) Standards for Conduct of Evaluation and Research.--In carrying out the functions under this section, the Chief Evaluation Officer shall ensure that the related activities-- (1) meet evidence-based research standards; (2) utilize rigorous methods that are appropriate and feasible; (3) promote best practices that are grounded on scientifically valid evaluation and other research, as the case may be; (4) take into account legislative requirements and reflect the interests and needs of agencies in the Department and other stakeholders; (5) are objective, neutral, and free of undue influence or the appearance of such influence; (6) are conducted in a transparent and timely manner, and that the results of the activities are disseminated in a timely manner; and (7) are conducted in an ethical manner. (f) Clearinghouse for Labor Evaluation and Research.--The Chief Evaluation Officer shall maintain a Clearinghouse for Labor Evaluation and Research that-- (1) reviews evaluations and other research on issues related to labor, to determine if the evaluations and other research meet evidence-based research standards; (2) promotes accessibility and public awareness of the results of evaluations and other research that meet the standards among practitioners, researchers, policymakers, and the public; (3) encourages the use of reviewed evaluations and other research that meet the standards to inform decisions relating to appropriate policies and programs and activities; (4) assesses the quality of evaluations and other research that examine the effectiveness of particular policies and programs and activities; and (5) synthesizes evaluations and other research within a topic area, highlights gaps in the literature, and identifies areas in which further evaluations and other research may be needed. (g) Performance of Functions.-- (1) In general.--In carrying out the functions of the Office under this section, the Chief Evaluation Officer may-- (A) award grants and enter into contracts and cooperative agreements to carry out activities described in this section, through-- (i) a process that complies with requirements for full and open competition under chapter 33 of title 41, United States Code; and (ii) a peer review process, when practicable; and (B) provide technical assistance to-- (i) support agencies in the Department to conduct scientifically valid evaluations and other research; (ii) coordinate activities, as necessary, with other Departments that gather data; and (iii) assist, as appropriate, other entities conducting evaluations and other research. (2) Subgrants.--The Chief Evaluation Officer may authorize entities receiving grants or contracts under this section to award subgrants or subcontracts to carry out activities described in this section. (h) Report.--The Chief Evaluation Officer shall, not less often than once every 2 years, prepare and publicly release, including to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report that contains-- (1) a description of the activities carried out by the Office, including activities carried out through grants, contracts, and cooperative agreements funded by the Office, during the fiscal years prior to the release of the report; (2) the activities undertaken to widely disseminate evaluation and other research results and information in a manner that is accessible to a broad range of stakeholders; and (3) a description of how the activities of the Office are consistent with the principles of scientifically valid research and the priorities and mission of the Office. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2017 through 2021.

Comprehensive Labor Evaluation and Research Act or the CLEAR Act This bill establishes in the Department of Labor an Office of Labor Evaluation and Research to collaborate with federal agencies to ensure that evaluations of labor issues meet evidence-based research standards and that the results are disseminated in forms that are usable or adaptable by practitioners, researchers, policymakers, and the public. Labor must appoint a Chief Evaluation Officer as the head of the office to: (1) manage and conduct scientifically valid evaluation and research of labor issues, (2) assist in establishing and refining structures for programs and activities, (3) measure impacts of programs, (4) carry out data analytics to strengthen management, (5) solicit stakeholder recommendations, (6) identify long-term priority topics, (7) coordinate activities with other federal agencies, and (8) disseminate information to stakeholders. The Chief Evaluation Officer must maintain a Clearinghouse for Labor Evaluation and Research that: (1) reviews whether labor evaluations and research meet evidence-based research standards; (2) promotes accessibility and public awareness of results that meet the standards; (3) encourages the use of reviewed evaluations and research to inform policies, programs, and activities; (4) assesses the quality of evaluations that examine the effectiveness of particular programs; and (5) acts to synthesize evaluations and research within a topic area, highlight gaps in literature, and identify areas for further research. The Chief Evaluation Officer may award grants, enter contracts and cooperative agreements, and provide technical assistance to Labor agencies and other entities to carry out this bill.

CLEAR Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Headquarters Consolidation Accountability Act of 2015''. SEC. 2. INFORMATION ON DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS CONSOLIDATION PROJECT. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Secretary, in coordination with the Administrator, shall submit to the appropriate committees of Congress information on the implementation of the enhanced plan for the Department headquarters consolidation project within the National Capital Region, approved by the Office of Management and Budget and included in the budget of the President for fiscal year 2016 (as submitted to Congress under section 1105(a) of title 31, United States Code), that includes the following: (1) A proposed occupancy plan for the consolidation project that includes specific information about which Department-wide operations, component operations, and support offices will be located at the site, the aggregate number of full time equivalent employees projected to occupy the site, the seat-to-staff ratio at the site, and schedule estimates for migrating operations to the site. (2) A comprehensive assessment of the difference between the current real property and facilities needed by the Department in the National Capital Region in order to carry out the mission of the Department and the future needs of the Department. (3) A current plan for construction of the headquarters consolidation at the St. Elizabeths campus that includes-- (A) the estimated costs and schedule for the current plan, which shall conform to relevant Federal guidance for cost and schedule estimates, consistent with the recommendation of the Government Accountability Office in the September 2014 report entitled ``Federal Real Property: DHS and GSA Need to Strengthen the Management of DHS Headquarters Consolidation'' (GAO-14-648); and (B) any estimated cost savings associated with reducing the scope of the consolidation project and increasing the use of existing capacity developed under the project. (4) A current plan for the leased portfolio of the Department in the National Capital Region that includes-- (A) an end-state vision that identifies which Department- wide operations, component operations, and support offices do not migrate to the St. Elizabeths campus and continue to operate at a property in the leased portfolio; (B) for each year until the consolidation project is completed, the number of full-time equivalent employees who are expected to operate at each property, component, or office; (C) the anticipated total rentable square feet leased per year during the period beginning on the date of enactment of this Act and ending on the date on which the consolidation project is completed; and (D) timing and anticipated lease terms for leased space under the plan referred to in paragraph (3). (5) An analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the consolidation project that includes-- (A) a comparison of the long-term cost that would result from leasing as compared to consolidating functions on Government-owned space; and (B) the identification of any cost impacts in terms of premiums for short-term lease extensions or holdovers due to the uncertainty of funding for, or delays in, completing construction required for the consolidation. (b) Comptroller General Review.-- (1) Review required.--The Comptroller General of the United States shall review the cost and schedule estimates submitted under subsection (a) to evaluate the quality and reliability of the estimates. (2) Assessment.--Not later than 90 days after the submittal of the cost and schedule estimates under subsection (a), the Comptroller General shall report to the appropriate committees of Congress on the results of the review required under paragraph (1). (c) Definitions.--In this Act: (1) The term ``Administrator'' means the Administrator of General Services. (2) The term ``appropriate committees of Congress'' means the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) The term ``Department'' means the Department of Homeland Security. (4) The term ``National Capital Region'' has the meaning given the term under section 2674(f)(2) of title 10, United States Code. (5) The term ``Secretary'' means the Secretary of Homeland Security. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on March 14, 2016. Department of Homeland Security Headquarters Consolidation Accountability Act of 2015 (Sec. 2) This bill directs the Department of Homeland Security (DHS), in coordination with the General Services Administration (GSA), to submit information on the implementation of the enhanced plan for the DHS headquarters consolidation project within the National Capital Region, approved by the Office of Management and Budget and included in the budget of the President for FY2016, that includes: a proposed occupancy plan that includes specific information about which DHS-wide operations, component operations, and support offices will be located at the site, the aggregate number of full time equivalent employees projected to occupy the site, the seat-to-staff ratio at the site, and schedule estimates for migrating operations to the site; a comprehensive assessment of the difference between the current real property and facilities needed by DHS in the Region to carry out its mission and its future needs; an analysis of the difference between the current and needed capital assets and facilities of DHS; a current plan for construction of the headquarters consolidation at the St. Elizabeths campus that includes the estimated costs and schedule for the current plan and any estimated cost savings associated with reducing the scope of the project and increasing the use of existing capacity developed under the project; a current plan for the leased portfolio of DHS in the Region that includes an end-state vision that identifies which DHS-wide operations, component operations, and support offices do not migrate to the St. Elizabeths campus and continue to operate at a property in the leased portfolio, the number of full-time equivalent employees who are expected to operate at each property, component, or office for each year until the consolidation project is completed, the anticipated total rentable square feet leased per year between the date of this Act's enactment and the date on which the consolidation project is completed, and the timing and anticipated lease terms for leased space; and an analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the consolidation project, including a comparison of the long-term cost that would result from leasing to the cost of consolidating functions on government-owned space and the identification of any cost impacts in terms of premiums for short-term lease extensions or holdovers due to the uncertainty of funding for, or delays in, completing construction required for the consolidation. The bill directs the Government Accountability Office to evaluate the quality and reliability of the cost and schedule estimates submitted and report on the results.

Department of Homeland Security Headquarters Consolidation Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Red River Private Property Protection Act''. SEC. 2. DISCLAIMER OF INTEREST. The Secretary hereby disclaims any right, title, and interest to all Red River lands located south of the South Bank of the Red River. This Act does not change or affect in any manner the sovereignty rights of federally recognized Indian tribes over lands located to the north of the South Bank of the Red River. Tribal sovereignty rights continue to be established and defined by controlling Federal law. SEC. 3. CLAIMS PROCESS AND ISSUANCE OF DEEDS. (a) In General.--The Secretary shall relinquish, disclaim, and shall transfer by special warranty deed all right, title, and interest of the United States in and to Red River lands to any claimant who demonstrates to the satisfaction of the Secretary that the claimant-- (1) holds all right, title, and interest under a chain of title for at least 30 years from the time of submission; (2) has a deed recorded in the appropriate county; and (3) has paid all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency. (b) Public Notification.--The Secretary shall publish in the Federal Register and on official and appropriate Web sites the process to receive written and/or electronic submissions of the documents required under subsection (a). The Secretary shall treat all proper notifications received from the claimant as fulfilling the satisfaction requirements under subsection (a). (c) Standard of Approval.--The Secretary shall accept all official county and State records as filed in the county on the date of submission proving right, title, and interest, including all land accreted to those lands identified by such records by the processes of erosion and accretion. (d) Time Period for Approval or Disapproval of Request.--The Secretary shall approve or disapprove a request for a special warranty deed under subsection (a) not later than 180 days after the date on which the written request is received by the Secretary. If the Secretary fails to approve or disapprove such a request by the end of such 180-day period, the request shall be deemed to be approved. (e) Requirements for Decision.--Any final decision by the Secretary must contain-- (1) a field note description used to determine the property claim, which must be-- (A) sufficient to locate the land on the ground; (B) consistent with the claimant's deed; and (C) include all land accreted to the claimant by the processes of erosion and accretion; (2) an accurate plat of the land that is-- (A) consistent with the field notes; and (B) prepared by a Texas licensed State land surveyor; and (3) any other matters required by law or as the Secretary considers appropriate consistent with the provisions and intent of this Act. SEC. 4. ADMINISTRATIVE HEARING. (a) In General.--The Secretary shall establish procedures for an administrative hearing-- (1) for a claimant to appeal the final decision made pursuant to section 3 regarding a claim by Secretary to the claimant's property; and (2) to adjudicate disputes between two or more private property owners who have interest claims that overlap pursuant to documents submitted under section 3. (b) Judicial Resolution.--If after the final determination has been issued under subsection (a) and the private property owner disputes the decision, the private property owner may pursue a claim in a Federal district court within the State of Texas. SEC. 5. RESOURCE MANAGEMENT PLAN. The Secretary shall ensure that no parcels of Red River lands are treated as Federal land for the purpose of any resource management plan until the Secretary has ensured that such parcels are not subject to transfer under section 3. SEC. 6. CONSTRUCTION. Nothing in this Act shall alter-- (1) any present or future rights and interests of the Kiowa, Comanche, and Apache Tribes and their members or Indian successors-in interest; (2) any tribal trust lands; (3) allotted lands that may be held in trust or lands subject to a Federal restriction against alienation; (4) any boundaries of lands owned by the tribes referred to in paragraph (1), including lands referred to in paragraphs (2) and (3), pursuant to the gradient boundary survey method; and (5) the sovereign rights, jurisdiction, or other governmental interests of the Kiowa, Comanche, and Apache Tribes and their members or Indian successors-in interest existing or which may be acknowledged by Federal and tribal law. SEC. 7. SALE OF REMAINING RED RIVER SURFACE RIGHTS. (a) Competitive Sale of Identified Federal Lands.--After the Secretary has ensured that Red River lands parcels are not subject to transfer under section 3, the Secretary shall offer any and all such remaining identified Federal lands for disposal by competitive sale for not less than fair market value as determined by an appraisal conducted in accordance with nationally recognized appraisal standards, including the Uniform Appraisal Standards for Federal Land Acquisitions; and the Uniform Standards of Professional Appraisal Practice. (b) Existing Rights.--The sale of identified Federal lands under this section shall be subject to valid existing tribal, State, and local rights. (c) Proceeds of Sale of Lands.--Net proceeds from the sale of identified Federal lands under this section shall be used to offset any costs associated with this Act. (d) Report.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a list of any identified Federal lands that have not been sold under subsection (a) and the reasons such lands were not sold. SEC. 8. DEFINITIONS. For the purposes of this Act-- (1) the term ``Red River lands'' means lands along the approximately 116-mile stretch of the Red River from its confluence with the North Fork of the Red River on the west to the 98th meridian on the east between the States of Texas and Oklahoma; (2) the term ``Secretary'' means the Secretary of the Interior, acting through the Director of Bureau of Land Management; (3) the term ``South Bank'' means the water-washed and relatively permanent elevation or acclivity, commonly called a cut bank, along the southerly or right side of the Red River which separates its bed from the adjacent upland, whether valley or hill, and usually serves to confine the waters within the bed and to preserve the course of the river; as specified in the fifth paragraph of the decree rendered March 12, 1923, in Oklahoma v. Texas, 261 U. S. 340, 43 S. Ct. 376, 67 L. Ed. 687; and (4) the term ``gradient boundary survey'' means the measurement technique used to demarcate a division of ownership or jurisdiction along the South Bank under the methodology established by the United States Supreme Court which recognizes that the boundary line between the States of Texas and Oklahoma along the Red River is subject to such changes as have been or may be wrought by the natural and gradual processes known as erosion and accretion as specified in the second, third, and fourth paragraphs of the decree rendered March 12, 1923, in Oklahoma v. Texas, 261 U. S. 340, 43 S. Ct. 376, 67 L. Ed. 687.

Red River Private Property Protection Act - (Sec. 2) States that the Secretary of the Interior, acting through the Bureau of Land Management (BLM), disclaims interest to certain lands along a stretch of the Red River between Texas and Oklahoma located south of the South Bank as specified in the Supreme Court decree rendered March 12, 1923, in Oklahoma v. Texas. (Sec. 3) Directs the BLM to relinquish, disclaim, and transfer, by special warranty deed, all interest of the United States in and to a specified stretch of Red River lands to any claimant who demonstrates: (1) an interest under a chain of title for at least 30 years from the time of submission, (2) a deed recorded in the appropriate county, and (3) payment of all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency. Requires publication in the Federal Register and on official and appropriate websites of a process for receiving submissions of such documents. Sets forth standards for the BLM to approve or disapprove special warranty deed requests. (Sec. 4) Requires administrative hearing procedures to be established for appeals of BLM decisions or adjudications of disputes between property owners with overlapping claims. Allows property owners who dispute final administrative decisions to pursue claims in a Texas federal court. (Sec. 5) Instructs the BLM to ensure that no parcels of Red River lands are treated as federal land for the purpose of any resource management plan until the BLM has ensured that such parcels are not subject to transfer by this Act. (Sec. 6) Prohibits this Act from altering: (1) interests of the Kiowa, Comanche, and Apache Tribes; (2) tribal trust lands; (3) allotted lands that may be held in trust or lands subject to a federal restriction against alienation; (4) boundaries of certain tribe-owned lands pursuant to the gradient boundary survey method established in the Supreme Court decree; and (5) the sovereign rights, jurisdiction, or governmental interests of those tribes. (Sec. 7) Directs the BLM, after ensuring that Red River lands parcels are not subject to transfer to a claimant, to offer remaining identified federal lands for disposal by competitive sale for at least fair market value. Requires sales to be subject to existing tribal, state, and local rights. Requires the BLM, within five years after enactment of this Act, to submit to Congress a list of identified federal lands that have not been sold and the reasons those lands were not sold.

Red River Private Property Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cheaper Car Insurance Act of 2010''. SEC. 2. AUTOMOBILE INSURANCE FRAUD. (a) In General.--Chapter 47 of title 18, United States Code, is amended by inserting at the end the following: ``SEC. 1041. AUTOMOBILE INSURANCE FRAUD. ``(a) In General.-- ``(1) Whoever knowingly commits automobile insurance fraud shall be punished as provided in subsection (b). ``(2) Whoever knowingly acts as a runner, capper, or steerer shall be punished as provided in subsection (b). ``(3) Whoever knowingly acts as an organizer of an auto insurance fraud operation shall be punished as provided in subsection (b). ``(4) Whoever knowingly acts as a mastermind or leader of an auto insurance fraud operation shall be punished as provided in subsection (b). ``(b) Penalties.--The punishment for an offense under subsection (a) shall be as follows: ``(1) For any violation of subsection (a)(1) in which the defendant is not also convicted of being a runner, capper, or steerer under subsection (a)(2), an organizer under subsection (a)(3), or a leader or master mind under subsection (a)(4), such person shall be fined not more than $100,000, imprisoned not more than 5 years, or both. If the defendant has a prior conviction under subsection (a)(1), such person shall be fined not more than $100,000, imprisoned not more than 10 years, or both. ``(2) For any violation of subsection (a)(2), such person shall be fined not more than $100,000, imprisoned not more than 5 years, or both. ``(3) For any violation of subsection (a)(3), such person shall be fined not more than $100,000, imprisoned not more than 10 years, or both. ``(4) For any violation of subsection (a)(4), such person shall be fined not more than $100,000, imprisoned not more than 15 years, or both. ``(c) Increased Fine.--If a violation of subsection (a) results in costs that exceed $100,000, the fine imposed under subsection (b) may be in an amount greater than $100,000 in order to cover the resulting cost. ``(d) Definitions.--In this section-- ``(1) the term `automobile insurance fraud' means fraud committed by any person who knowingly and intentionally presents a written statement or claim, causes a written statement or claim to be presented, or prepares a written statement or claim with knowledge or belief that it will be presented to or by an insurer, self-insurer, or any agent thereof, that such person knows-- ``(A) contains materially false information concerning any fact material to an application, certificate, evidence, or claim referred to in paragraph (2); or ``(B) conceals, for the purpose of misleading, information concerning any fact material to an application, certificate, evidence, or claim referred to in paragraph (2); ``(2) the term `mastermind' or `leader' means any individual who knowingly solicits or employs 2 or more people, or conspires with 2 or more people, to engage in automobile insurance fraud, and who is not also a runner, capper, steerer, or an organizer; ``(3) the term `organizer' means any individual who knowingly solicits or employs a runner, capper, or steerer, or acts as a runner, capper, or steerer, with the intent of seeking to falsely or fraudulently obtain benefits under a contract of insurance, or to falsely or fraudulently assert a claim against an insured or an insurer for providing services to a client, patient, or customer; ``(4) the term `runner, capper, or steerer' means any person who, for either direct or indirect pecuniary benefit, knowingly procures or attempts to procure a client, patient, or customer at the direction of, or in cooperation with, a person committing automobile insurance fraud under subsection (a), regardless of whether or not the person otherwise participates in the fraud; and ``(5) the term `written statement or claim' means a written statement or submission by telephone, computer, or in any other electronic or digital form, that is part of, or in support of-- ``(A) an application for the issuance of or the rating of a commercial insurance policy; ``(B) a certificate or evidence of self-insurance for commercial insurance or commercial self-insurance; or ``(C) a claim for payment or other benefit pursuant to an insurance policy or self-insurance program for commercial or personal insurance.''. (b) Conforming Amendment.--The chapter analysis for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1041. Automobile insurance fraud''. SEC. 3. BEST PRACTICES. (a) In General.--The Department of Justice shall publish best practices for the States to use-- (1) in licensing auto body shops that perform work paid for by insurers; and (2) in licensing medical treatment provided to people who are injured in automobile accidents. (b) Goal.--The goal of publishing best practices as required under subsection (a) is to encourage the States to adopt such practices to limit the feasibility of committing insurance fraud. SEC. 4. INVESTIGATION OF FRAUDULENT PRACTICES. (a) In General.--The Attorney General shall cooperate with the offices of the United States Attorneys to-- (1) aggressively investigate fraudulent chop shops and salvage yards; (2) aggressively prosecute automobile insurance fraud (as defined in section 1041 of title 18, United States Code, as added by section 2); and (3) report statistics on investigations, prosecutions, and convictions of automobile insurance fraud. (b) Reporting.--Statistics referred to in subsection (a)(3) shall be reported to the Committee on the Judiciary of the Senate and the appropriate Committee of the House of Representatives. SEC. 5. FEDERAL-STATE-LOCAL ANTI-AUTO INSURANCE TASK FORCE. (a) Establishment of Units.--The Attorney General shall establish Federal-State-Local Anti-Auto Insurance Fraud Task Forces in the offices of the United States Attorneys in the 10 cities in the United States that are most severely affected, as determined by the Attorney General, by automobile insurance fraud (as defined in section 1041 of title 18, United States Code, as added by section 2). (b) Purpose.--The special units established under subsection (a) shall investigate and prosecute automobile insurance fraud. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section for fiscal year 2011, and each fiscal year thereafter, such sums as are necessary to carry out the provisions of this Act. SEC. 6. INSURANCE COMPANY RIGHT TO MANDATORY INSPECTION BEFORE INSURING. (a) Right of Inspection.--An insurance company shall have the right to require a mandatory inspection by an insurance company representative or agent of any motor vehicle prior to agreeing to provide insurance coverage, except as provided under subsection (b). (b) Exemption From Pre-Insurance Inspection.--The right to inspect under subsection (a) may be waived by an insurance company under the following circumstances: (1) The motor vehicle is already insured under the policy for either comprehensive or collision coverage. (2) The motor vehicle is a new vehicle purchased from a retail dealership, and the insurer is provided with-- (A) a copy of the bill of sale containing a full description of the motor vehicle, including options and accessories, and a statement from the seller that the motor vehicle has no damage; or (B) a copy of the Manufacturer Statement of Origin, a statement from the seller that the motor vehicle has no damage, and a copy of the window sticker or dealer invoice containing a full description of the motor vehicle, including options or accessories. (3) An insured named in the policy has been insured by the same insurer for 1 or more policy years under a policy that has continuously provided physical damage coverage. (4) The motor vehicle is rented or leased for less than 6 months, provided that the insurer is given a copy of the lease or rental agreement, and that the document contains a complete description of the rented or leased motor vehicle, including its condition at the time of lease or rental. (5) The motor vehicle is rated or insured under a commercial automobile insurance policy. (6) When pre-insurance inspection would cause serious hardship to the insured or applicant for insurance, and the hardship is documented in records maintained by the insurer. (c) Non-Discrimination of Pre-Insurance Inspections.--An insurer may require a pre-insurance inspection of an otherwise exempt motor vehicle. The decision to require a pre-insurance inspection of an exempt vehicle shall not be based on the age, race, sex, religion, or marital status of the applicant or insured, or the fact that the motor vehicle has been insured through a residual or non-voluntary insurance market.

Cheaper Car Insurance Act of 2010 - Amends the federal criminal code to impose criminal penalties on anyone who knowingly: (1) commits automobile insurance fraud; or (2) acts as a runner, capper, steerer, organizer, mastermind, or leader of an auto insurance fraud operation. Directs the Department of Justice (DOJ) to publish best practices for states to use in licensing: (1) auto body shops that perform work paid for by insurers; and (2) medical treatment for people injured in auto accidents. Directs the Attorney General to: (1) cooperate with the offices of the United States attorneys to investigate fraudulent chop shops and salvage yards, prosecute automobile insurance fraud, and report statistics on investigations, prosecutions, and convictions of automobile insurance fraud; and (2) establish Federal-State-Local Anti-Auto Insurance Fraud Task Forces in cities most severely affected by automobile insurance fraud. Grants an insurance company the right to require a mandatory inspection of any motor vehicle prior to agreeing to provide insurance coverage and to waive such right under specified circumstances.

A bill to create a penalty for automobile insurance fraud, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Post-Abortion Depression Research and Care Act of 2007''. SEC. 2. FINDINGS. Congress finds as follows: (1) About 3,000,000 women per year in the United States have an unplanned or unwanted pregnancy, and approximately 1,186,000 of these pregnancies end in elective abortion. (2) Abortion can have severe and long-term effects on the mental and emotional well-being of women. Women often experience sadness and guilt following abortions with no one to console them. They may have difficulty in bonding with new babies, become overprotective parents or develop problems in their relationship with their spouses. Problems such as eating disorders, depression, and suicide attempts have also been traced to past abortions. (3) The symptoms of post-abortion depression include bouts of crying, guilt, intense grief or sadness, emotional numbness, eating disorders, drug and alcohol abuse, suicidal urges, anxiety and panic attacks, anger or rage, sexual problems or promiscuity, lowered self esteem, nightmares and sleep disturbance, flashbacks, and difficulty with relationships. (4) Women who aborted a first pregnancy are four times more likely to report substance abuse compared to those who suffered a natural loss of their first pregnancy, and they are five times more likely to report subsequent substance abuse than women who carried to term. (5) Greater thought suppression is associated with experiencing more intrusive thoughts of the abortion. Both suppression and intrusive thoughts, in turn, are positively related to increases in psychological distress over time. (6) Women who experience decision-making difficulties and may lack social support may experience more negative emotional consequences to induced abortion. (7) Post-abortion depression often relates to the lack of understanding in society and the medical community of the complexity of post-abortion depression, and economic pressures placed on hospitals and providers are contributing factors. (8) Social pressure to have an abortion can be directly related to higher levels of immediate regret and more mental undoing over subsequent years. (9) Post-abortion depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization. (10) While there have been many studies regarding the emotional aftermath of abortion, very little research has been sponsored by the National Institutes of Health. (11) A major New Zealand study shows abortion has serious negative consequences for women. Among the alarming findings with respect to girls 15 through 18 years of age are the following: (A) With respect to experiencing major depression-- (i) those who had not become pregnant had a 31.2 percent chance; (ii) those who became pregnant but did not have an abortion had a 35.7 percent chance; and (iii) those who had an abortion had an astonishing 78.6 percent chance. (B) With respect to experiencing anxiety-- (i) those who had not become pregnant had a 37.9 percent chance; (ii) those who became pregnant but did not have an abortion had a 35.7 percent chance; and (iii) those who had an abortion had a 64.3 percent chance. (C) With respect to thoughts of suicide-- (i) those who had not become pregnant had a 23 percent chance; (ii) those who became pregnant but did not have an abortion had a 25 percent chance; and (iii) those who had an abortion had a 50 percent chance. TITLE I--RESEARCH ON POST-ABORTION DEPRESSION AND PSYCHOSIS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL INSTITUTE OF MENTAL HEALTH. (a) In General.--The Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health (in this section referred to as the ``Institute''), shall expand and intensify research and related activities of the Institute with respect to post-abortion depression and post-abortion psychosis (in this section referred to as ``post-abortion conditions''). (b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to post-abortion conditions. (c) Programs for Post-Abortion Conditions.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, post-abortion conditions. Activities under such subsection shall include conducting and supporting the following: (1) Basic research concerning the etiology and causes of the conditions. (2) Epidemiological studies to address the frequency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions. (3) The development of improved diagnostic techniques. (4) Clinical research for the development and evaluation of new treatments, including new biological agents. (5) Information and education programs for health care professionals and the public. (d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the incidence and prevalence of cases of post-abortion conditions, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress reports on the findings of the study. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $3,000,000 for each of the fiscal years 2008 through 2012. TITLE II--DELIVERY OF SERVICES REGARDING POST-ABORTION DEPRESSION AND PSYCHOSIS SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS. (a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with post-abortion depression or post-abortion psychosis (referred to in this section as a ``post-abortion condition) and their families. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity-- (1) is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity; and (2) had experience in providing the services described in subsection (a) before the date of the enactment of this Act. (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the diagnosis and management of post-abortion conditions. Activities that the Secretary may authorize for such projects may also include the following: (1) Delivering or enhancing outpatient and home-based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for post-abortion conditions; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with post-abortion conditions and support services for their families. (d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act. (e) Limitation on Amount of Grants.--A grant under subsection (a) may not for any fiscal year be made in an amount exceeding $100,000. SEC. 202. CERTAIN REQUIREMENTS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of post- abortion conditions. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there is authorized to be appropriated $300,000 for each of the fiscal years 2008 through 2012.

Post-Abortion Depression Research and Care Act of 2007 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the National Institute of Mental Health (NIMH), to expand and intensify NIMH research and related activities with respect to post-abortion depression and psychosis. Requires the Director of NIMH to: (1) conduct or support research to expand the understanding of the causes of, and to find a cure for, such post-abortion conditions; and (2) conduct a study to determine the incidence and prevalence of cases of post-abortion conditions and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. Requires the Secretary to make grants to establish, operate, and coordinate effective and cost-efficient systems for the delivery of essential services to individuals with such post-abortion conditions.

To provide for research on, and services for individuals with, post-abortion depression and psychosis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Ex-Offender Self- Sufficiency Act of 2002''. SEC. 2. TEMPORARY EX-OFFENDER LOW-INCOME HOUSING CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45G. EX-OFFENDER LOW-INCOME HOUSING CREDIT. ``(a) In General.--For purposes of section 38, the amount of the ex-offender low-income housing credit determined under this section for any taxable year in the credit period shall be an amount equal to-- ``(1) the applicable percentage of ``(2) the qualified basis of each qualified ex-offender residential building. ``(b) Applicable Percentage.--In the case of any qualified ex- offender residential building, the term `applicable percentage' has the meaning given such term in section 42(b)(2) with respect to qualified low-income buildings, except that, for the purposes of this subsection, the percentages prescribed by the Secretary under section 42(b)(2)(B) shall yield amounts of credit which have a present value equal to 70 percent of the qualified basis of any qualified ex-offender residential building. ``(c) Qualified Basis.-- ``(1) In general.--For purposes of subsection (a) and except as otherwise provided in this subsection, the term `qualified basis' means the adjusted basis of a qualified ex- offender residential building as of the close of the 1st taxable year of the credit period. ``(2) Qualified basis to include portion of building used to provide ex-offender support services.--The qualified basis of any qualified ex-offender residential building for any taxable year shall be increased by the lesser of-- ``(A) so much of the qualified basis of such building as is used throughout the year to provide ex- offender support services, or ``(B) 20 percent of the qualified basis of such building (determined without regard to this paragraph). ``(3) Special rules.--Rules similar to the rules of paragraphs (4), (5) (other than subparagraph (A) thereof), and (7) of section 42(d) shall apply in determining the adjusted basis of any qualified ex-offender residential building. ``(d) Rehabilitation Expenditures.--Rules similar to the rules of section 42(e) shall apply in determining the treatment of rehabilitation expenditures paid or incurred by the taxpayer with respect to a qualified ex-offender residential building. ``(e) Credit Period.--For purposes of this section, rules similar to the rules of section 42(f) shall apply in determining the credit period with respect to any qualified ex-offender residential building. ``(f) Qualified Ex-Offender Residential Building.--For purposes of this section, the term `qualified ex-offender residential building' means any building which, at all times during the compliance period, meets the following requirements: ``(1) Single occupancy ex-offender residential units.--Each residential unit in such building may be made available for occupancy to not more than 1 individual. Such individual must be an ex-offender who-- ``(A) meets the residency requirements under subsection (g); ``(B) has failed to meet such requirements for fewer than 14 days; or ``(C) is in the process of being evicted from such building for failing to meet such requirements. ``A building shall not be determined to fail to satisfy the requirements of this paragraph solely because some or all of the residential units in such building are single room occupancy (as defined in section (8)(n) of the United States Housing Act of 1937 (42 U.S.C. 1437f(n))). ``(2) Self-sufficiency centers for ex-offenders.--The building shall include a self-sufficiency center for ex- offenders that-- ``(A) is specifically designed to accommodate, and reserved for, the provision of ex-offender support services to residents of the facility and other ex- offenders; ``(B) is made available for rental by providers of such services at a rate determined by the owner of the facility; and ``(C) provides an array of such services sufficient to meet a significant portion of the needs of ex- offenders for ex-offender support services. ``(3) Rent limitations.--The portion of the monthly rent payable by the occupant of each unit in the building may not exceed 30 percent of the adjusted monthly income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) of the occupant. ``(g) Residency Requirements.-- ``(1) In general.--An ex-offender meets the residency requirements for a qualified ex-offender residential building if such ex-offender-- ``(A) has a low income; ``(B) is participating in an ex-offender support services program as described in paragraph (3)(B); ``(C) has not been prohibited from residency under paragraph (4); and ``(D) commences occupancy of a unit in a qualified ex-offender residential building on a date that is not later than-- ``(i) in the case of an ex-offender who has been discharged from prison, jail, a half-way house, or any other correctional facility, 12 months after such discharge; or ``(ii) in the case of any ex-offender whose sentence did not include confinement to a correctional facility, 12 months after the date of the ex-offender's conviction. ``(2) Low-income.--For purposes of this section, an ex- offender is considered to have a low income if, at the commencement of the ex-offender's occupancy of a residential unit, the income (if any) of the ex-offender does not exceed 60 percent of area median gross income (as determined consistent with section 8 of the United States Housing Act of 1937). ``(3) Participation in ex-offender support services program.-- ``(A) Program.--For purposes of this section, an ex-offender support services program is a program for the provision of specific ex-offender support services for an ex-offender that-- ``(i) is created and managed by a coordinating individual or entity having education, training, and experience with ex- offenders and their support services needs; ``(ii) is specifically designed to meet the needs of the particular ex-offender for ex- offender support services; ``(iii) sets forth a specific duration over which the ex-offender support services are to be provided and goals by which to assess the progress of the ex-offender; and ``(iv) provides for continual oversight to monitor the progress and needs of the ex- offender and to ensure that the ex-offender is being provided the appropriate ex-offender support services and is complying with the requirements of the program. ``(B) Participation.--For purposes of this section, an ex-offender is considered to be participating in an ex-offender support services program if the ex- offender-- ``(i) has entered into a written agreement with the coordinator for the program that-- ``(I) sets forth the ex-offender support services that are appropriate for, and will be made available to, the ex-offender and the duration of the program for the ex-offender; and ``(II) provides that the ex- offender's continued attendance at scheduled program meetings and events and obtaining of program services are a condition of the ex-offender's continued residency in the facility; and ``(ii) is not in default with regard to the ex-offender's obligations under such agreement. ``(C) Ex-offender support services.--For purposes of this section, the term `ex-offender support services' means services that assist ex-offenders to develop skills necessary for life outside of the environment of a correctional institution, and includes-- ``(i) job training; ``(ii) employment counseling and placement; ``(iii) entrepreneurial training; ``(iv) financial management training; ``(v) homeownership and rental counseling; ``(vi) drug and alcohol abuse counseling; ``(vii) self-esteem and peer development assistance; ``(viii) anger management counseling; ``(ix) health care services, including mental health services and behavioral counseling; ``(x) probation services; ``(xi) family and crisis management counseling; and ``(xii) general educational assistance and counseling. ``(4) Limitation on term of residency.--An ex-offender may not reside in an ex-offender residential facility at any time after the expiration of the 2-year period beginning upon the commencement of the ex-offender's occupancy in the ex-offender residential facility. ``(h) Ex-Offender.--For purposes of this section, the term `ex- offender' means any individual who has been convicted of a felony under State or Federal law. ``(i) Allocation and Determination of Credit.-- ``(1) In general.--Except as otherwise provided in this subsection, rules similar to the rules of section 42(h) (other than subparagraphs (E) and (F) of paragraph (1) thereof) shall apply with respect to allocating and determining any credit under this section. ``(2) State housing credit ceiling.--For purposes of this section: ``(A) In general.--The State housing credit ceiling shall be calculated by substituting the amount determined under section 42(h)(3)(C)(ii) with the greater of-- ``(i) $85,000,000 multiplied by the State ratio, or ``(ii) $500,000. ``(B) Termination.--The State housing credit ceiling applicable to any State for any calendar year beginning after December 31, 2007, shall be zero. ``(C) State ratio.--The State ratio for any State is equal to-- ``(i) the reported number of sentenced prisoners released from State or Federal jurisdiction in such State during the most recent year for which information is available, divided by ``(ii) the reported number of sentenced prisoners released from State or Federal jurisdiction in the United States during the most recent year for which information is available. ``(D) Reported number of sentenced prisoners.--The reported number of sentenced prisoners is the number of such prisoners reported to the Attorney General by the National Prison Statistics Program. ``(3) Involvement of qualified non-profit organizations.-- For purposes of this section, section 42(h)(5)(A) shall be applied by substituting `0' for `90'. ``(j) Recapture of Credit.--Rules similar to the rules of subsections (i)(1) and (j) of section 42 shall apply for purposes of this section. ``(k) Application of At-Risk Rules.--Rules similar to the rules of section 42(k) shall apply for purposes of this section. ``(l) Certification and Other Reports to Secretary.--Subject to such regulations as the Secretary may prescribe, rules similar to the rules of section 42(l) shall apply for purposes of this section. ``(m) Responsibilities of the Secretary and Housing Credit Agencies.--Rules similar to the rules of subsections (m) and (n) of section 42 shall apply for purposes of this section.''. (b) Inclusion as Current Year Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(13) the ex-offender low-income housing credit under section 45G(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. 45G. Ex-offender low-income housing credit.''. (d) Effective Date.--The amendments made by this section shall apply with respect to qualified ex-offender residential buildings placed in service during taxable years beginning after December 31, 2002.

Public Safety Ex-Offender Self-Sufficiency Act of 2002 - Amends the Internal Revenue Code to establish, as general business credit, a temporary ex-offender low-income housing credit for housing provided to qualified ex-offenders in a qualified ex-offender residential building providing a required ex-offender support services program.

To amend the Internal Revenue Code of 1986 to provide for a temporary ex-offender low-income housing credit to encourage the provision of housing, job training, and other essential services to ex-offenders through a structured living environment designed to assist the ex-offenders in becoming self-sufficient.